alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2019238EN.01001001.xml

| 15.7.2019 | EN | Official Journal of the European Union | C 238/10 |
| --- | --- | --- | --- |

15.7.2019

EN

Official Journal of the European Union

C 238/10

---

Action brought on 30 April 2019 — European Commission v Kingdom of Spain

(Case C-347/19)

(2019/C 238/13)

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: K. Talabér-Ritz and S. Pardo Quintillán, acting as Agents)

Defendant: Kingdom of Spain

Form of order sought

The applicant claims that the Court should:

| — | declare that, in accordance with Article 258 of the Treaty on the Functioning of the European Union, by not adopting national provisions on the installation of individual measuring devices for the consumption of heating, cooling and hot water in buildings, in accordance with Article 9(3) of Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC, (1) the Kingdom of Spain has failed to fulfil its obligations under the abovementioned provisions of Directive 2012/27/EU; |
| --- | --- |

—

declare that, in accordance with Article 258 of the Treaty on the Functioning of the European Union, by not adopting national provisions on the installation of individual measuring devices for the consumption of heating, cooling and hot water in buildings, in accordance with Article 9(3) of Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC, (1) the Kingdom of Spain has failed to fulfil its obligations under the abovementioned provisions of Directive 2012/27/EU;

| — | order the Kingdom of Spain to pay the costs. |
| --- | --- |

—

order the Kingdom of Spain to pay the costs.

Plea in law and main argument

The Commission submits that the Kingdom of Spain has not adopted national provisions on the installation of individual measuring devices for the consumption of heating, cooling and hot water in buildings, in accordance with Article 9(3) of Directive 2012/27/EU.

---

(1)  OJ 2012 L 315, p. 1.

---
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

 v. 

MARK CORUM, 

Defendant-Appellant.

No. 19-10255 

D.C. No. 2:16-cr-00240-KJM-1

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Kimberly J. Mueller, District Judge, Presiding

Submitted July 14, 2020**

Before: CANBY, FRIEDLAND, and R. NELSON, Circuit Judges.

Mark Corum appeals from the district court’s judgment and challenges the 

360-month sentence imposed following his guilty-plea conviction for distribution

of child pornography, in violation of 18 U.S.C. § 2252(a)(2), and four counts of 

production of child pornography in violation of 18 U.S.C. § 2251(a). We have 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

JUL 20 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 19-10255

jurisdiction under 28 U.S.C. § 1291, and we affirm.

Corum contends that the district court procedurally erred by applying a twolevel enhancement for his role as an organizer, leader, manager, or supervisor of 

the production offenses. See U.S.S.G. § 3B1.1(c). We need not resolve this issue 

because, even if the district court erred, the error was harmless. See United States 

v. Munoz-Camarena, 631 F.3d 1028, 1030 (9th Cir. 2011) (alleged Guidelines 

calculation errors are reviewed for harmlessness). The record reflects that, even 

without the challenged enhancement, the Guidelines range was life, adjusted to 

1,680 months under U.S.S.G. § 5G1.2. See United States v. McCarns, 900 F.3d 

1141, 1146 (9th Cir. 2018) (declining to reach challenge to three-level 

enhancement because it did not affect the Guidelines range). Moreover, the 

enhancement appears to have had no effect on the district court’s decision to 

impose a sentence 110 years below the Guidelines range.

AFFIRMED.
[No. 21265-0-II.

Division Two.

August 22, 1997.]

#### The State of Washington, *Respondent,*v. Margie I. Bailey, *Appellant.*

Appeal from a judgment of the Superior Court for Grays Harbor County, No. 96-1-00136-1, David E. Foscue, J., entered October 14,1996. *Affirmed*by unpublished opinion per Bridgewater, J., concurred in by Houghton, C.J., and Hunt. J.
<Page>


Exhibit 99.2
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 Med-Emerg International, Inc. (the
"Company") on Form 10-QSB for the period ending June 30, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, John
Jarman Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002,
that:

3)       The Report fully complies with the requirements of section 13(a) or
         15(d) of the Securities Exchange Act of 1934; and

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



                                               By: __________________
                                               Name: John Jarman
                                               Title: Chief Financial Officer
**Exhibit 31.1**

 

**CERTIFICATIONS**

 

I, Amy E. Miles, certify that:

 

1.     I have reviewed this annual report on Form 10-K/A Amendment No. 1 of Regal Entertainment Group;

 

2.     Based on my knowledge, this report does not contain any untrue statement of a 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; and

 

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 registrant as of, and for, the periods presented in this report.

 
| Date:   March 28, 2012 | /s/ AMY   E. MILES   * * |
|-----------------------------|----------------------------------------------|
|                        | Amy   E. Miles                               |
|                        | *Chief Executive Officer*                    |
|                        | *(Principal Executive Officer)*              |

 

----
# C_2020054EN.01004101.xml

| 17.2.2020 | EN | Official Journal of the European Union | C 54/41 |
| --- | --- | --- | --- |

17.2.2020

EN

Official Journal of the European Union

C 54/41

---

Appeal brought on 4 December 2019 by Ireland against the judgment of the General Court (Seventh Chamber, Extended Composition) delivered on 24 September 2019 in joined Cases T-755/15 and T-759/15, Luxembourg and Fiat Chrysler Finance Europe v Commission

(Case C-898/19 P)

(2020/C 54/45)

Language of the case: English

Parties

Appellant: Ireland (represented by: M. Browne, A. Joyce, J. Quaney, P. Gallagher SC, Agents, S. Kingston, B. Doherty, BL)

Other parties to the proceedings: European Commission, Fiat Chrysler Finance Europe, Grand Duchy of Luxembourg

Form of order sought

The appellant claims that the Court should:

| — | set aside the judgment of the General Court of 24 September 2019 in Joined Cases, T-755/15 and T-759/15, Luxembourg and Fiat Chrysler Finance Europe v Commission; |
| --- | --- |

—

set aside the judgment of the General Court of 24 September 2019 in Joined Cases, T-755/15 and T-759/15, Luxembourg and Fiat Chrysler Finance Europe v Commission;

| — | annul the Commission’s decision (1) of 21 October 2015, and |
| --- | --- |

—

annul the Commission’s decision (1) of 21 October 2015, and

| — | order the Commission to pay the cost of these proceedings. |
| --- | --- |

—

order the Commission to pay the cost of these proceedings.

Pleas in law and main arguments

First ground: the General Court erred in law and misapplied Article 107(1) TFEU in its approach to the so-called ‘arm’s-length principle’.

Second ground: the General Court erred in law and misapplied Article 107(1) TFEU in its analysis of selectivity.

Third ground: the General Court breached its duty to give reasons for its judgment.

Fourth ground: the General Court breached the principle of legal certainty by agreeing that the Commission could review decisions of national tax administrations by reference to a Commission version of the arm’s-length principle which was unpredictable and whose content is unknown.

Fifth ground: the General Court breached Articles 4 and 5 TEU and impermissibly used the State aid rules to harmonise Member States’ direct taxation rules.

---

(1)  Commission Decision (EU) 2016/2326 of 21 October 2015 on State aid SA.38375 (2014/C ex 2014/NN) which Luxembourg granted to Fiat (notified under document C(2015) 7152) (OJ 2016, L 351, p. 1).

---
**Exhibit 32.2**

 

**Certification Pursuant to 18 U.S.C.Section 1350, as Adopted Pursuant toSection 906 of Sarbanes-Oxley Act of 2002**

 

I, Joel Boyarski, the Chief Financial Officer of WorldGateCommunications, Inc., hereby 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 Form 10-Q of WorldGate Communications, Inc., for the quarterly periodended June 30, 2004 (the “Form 10-Q”), fully complies with requirements ofSection 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 Form 10-Q fairlypresents, in all material respects, the financial condition and results ofoperations of WorldGate Communications, Inc.

 

A signed original of this written statement required bySection 906 has been provided to WorldGate and will be retained byWorldGate and furnished to the Securities and Exchange Commission or its staffupon request.

 

 
| Dated: | August 16, 2004 |                                                       | /s/ JOEL BOYARSKI |   |
|--------|----------------------|------------------------------------------------------------|-------------------|--------|
|   |                 |                                                       |
|   |                 | Joel Boyarski,  Principal Financial and Accounting Officer |

 

----
Exhibit 32.2

CERTIFICATION PURSUANT TO

18 U.S.C. §1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of Vascular Solutions, Inc. (the Company) on Form 10-Q for the quarterly period ended March 31, 2008, as filed with the Securities and Exchange Commission (the Report), I, James Hennen, Chief Financial Officer of the Company, certify to my knowledge, pursuant to 18 U.S.C. §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.




/s/ James HennenJames HennenChief Financial OfficerApril 17, 2008




---
# C_2019295EN.01000402.xml

| 2.9.2019 | EN | Official Journal of the European Union | C 295/4 |
| --- | --- | --- | --- |

2.9.2019

EN

Official Journal of the European Union

C 295/4

---

Appeal brought on 5 May 2019 by Meblo Trade d.o.o. against the judgment of the General Court (Third Chamber) delivered on 5 March 2019 in Case T-263/18: Meblo Trade v EUIPO — Meblo Int

(Case C-359/19 P)

(2019/C 295/07)

Language of the case: English

Parties

Appellant: Meblo Trade d.o.o. (represented by: A. Ivanova, адвокат)

Other parties to the proceedings: European Union Intellectual Property Office, Meblo Int, proizvodnja izdelkov za spanje d.o.o.

By order of 10 July 2019 the Court of Justice (Chamber determining whether appeals may proceed) held that the appeal shall not be allowed to proceed and that Meblo Trade d.o.o. shall bear its own costs.

---
**EXHIBIT      32.1**

**CERTIFICATION      ACCOMPANYING PERIODIC REPORT**

**PURSUANT      TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

|   |                                         |                                                                                                       |   |   |
|--------|----------------------------------------------|------------------------------------------------------------------------------------------------------------|--------|--------|
|   |                                         |                                                                                                       |
|   | /s/                DONALD J. PERCENTI   |                                                                                                       |
|   | *Name:*                            | *Donald                J. Percenti*                                                                   |   |
|   | *Title:*                           | *President                and Chief Executive Officer**(principal                executive officer)*  |   |
<PAGE>

                                                            Exhibit 11.1

COMPUTATION OF EARNINGS (LOSS) PER SHARE

    The following table sets forth the computation of basic and diluted 
earnings per share:
 
<TABLE>
<CAPTION>
                                                 THREE MONTHS ENDED
                                                     JANUARY 31,
                                              --------------------------
                                              1997            1998
<S>                                           <C>             <C>
NUMERATOR:
  Net income................................  $  545,815      $  688,706
                                              ----------      ----------

Denominator:
  Denominator for basic earnings per 
    share_ weighted-average shares..........   4,000,000       5,150,000
Effect of dilutive securities:
    Employee stock options..................      50,150         539,535
    Warrants................................                      25,373
                                              ----------      ----------
Dilutive potential common shares............      50,150         564,908
  Denominator for diluted earnings 
    per share_ adjusted 
    weighted-average shares and
    assumed conversions.....................   4,050,150       5,714,908
                                              ----------      ----------
Basic earnings per share....................  $     0.14      $     0.13
                                              ----------      ----------
Diluted earnings per share..................  $     0.13      $     0.12
                                              ----------      ----------
                                              ----------      ----------
</TABLE>
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

ROSE LANNQUIST GOULDY,

Appellant,

v.

TIMOTHY M. CHIASSON,

Appellee.

No. 4D22-118

[February 2, 2023]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm 

Beach County; John S. Kastrenakes, Judge; L.T. Case No. 50-2021-CA000123-XXXX-MB.

Rose Lannquist Gouldy, Palm Beach Gardens, pro se.

Kai E. Jacobs of South Florida Business Law Group, Coral Gables, for 

appellee.

PER CURIAM.

Affirmed.

MAY, LEVINE and CONNER, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
# C_2020230EN.01003101.xml

| 13.7.2020 | EN | Official Journal of the European Union | C 230/31 |
| --- | --- | --- | --- |

13.7.2020

EN

Official Journal of the European Union

C 230/31

---

Judgment of the General Court of 28 May 2020 — AW v Parliament

(Case T-213/19) (1)

(Civil service - Officials - Social security - Article 73 of the Staff Regulations - Common rules on the insurance against the risk of accident and of occupational disease - Article 16 - Statement of occupational disease - Article 22 - Medical Committee - Refusal to recognise the occupational nature of a disease - Irregularity of the opinion of the Medical Committee)

(2020/C 230/39)

Language of the case: French

Parties

Applicant: AW (represented by: L. Levi and S. Rodrigues, lawyers)

Defendant: European Parliament (represented by: T. Lazian and I. Lázaro Betancor, acting as Agents)

Re:

Application under Article 270 TFEU for annulment of the Parliament’s decisions of 7 August 2018 rejecting the requests to recognise the occupational nature of a disease, submitted by the applicant on 15 and 28 July 2016.

Operative part of the judgment

The Court:

| 1. | Annuls the decisions of the European Parliament of 7 August 2018 rejecting the requests for recognition of the occupational nature of AW’s diseases of 15 and 28 July 2016; |
| --- | --- |

1.

Annuls the decisions of the European Parliament of 7 August 2018 rejecting the requests for recognition of the occupational nature of AW’s diseases of 15 and 28 July 2016;

| 2. | Orders the Parliament to pay the costs. |
| --- | --- |

2.

Orders the Parliament to pay the costs.

---

(1)  OJ C 187, 3.6.2019.

---
[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Notices]
[Pages 37133-37134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14941]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB199]


Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; public meeting.

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

SUMMARY: The Mid-Atlantic Fishery Management Council's Summer Flounder, 
Scup, and Black Sea Bass Advisory Panel will hold a public webinar 
meeting, jointly with the Atlantic States Marine Fisheries Commission's 
Summer Flounder, Scup, and Black Sea Bass Advisory Panel.

DATES: The meeting will be held on Thursday, July 29, 2021, from 3 p.m. 
until 5 p.m.

ADDRESSES: The meeting will be held via webinar and connection 
information can be accessed at: https://www.mafmc.org/council-events/2021/joint-sfsbsb-ap-meeting-jul29.
    Council address: Mid-Atlantic Fishery Management Council, 800 N 
State Street, Suite 201, Dover, DE 19901; telephone: (302) 674-2331; 
www.mafmc.org.

FOR FURTHER INFORMATION CONTACT: Christopher M. Moore, Ph.D., Executive

[[Page 37134]]

Director, Mid-Atlantic Fishery Management Council, telephone: (302) 
526-5255.

SUPPLEMENTARY INFORMATION: The Mid-Atlantic Fishery Management 
Council's Summer Flounder, Scup, and Black Sea Bass Advisory Panel will 
meet via webinar jointly with the Atlantic States Marine Fisheries 
Commission's Summer Flounder, Scup, and Black Sea Bass Advisory Panel. 
The purpose of this meeting is to review recent management track stock 
assessment information for summer flounder, scup, and black sea bass, 
and to review the recommendations of the Scientific and Statistical 
Committee and Monitoring Committee for 2022-23 catch and landings 
limits for all three species. The advisory panel will also be asked to 
provide input on 2022 commercial management measures such as possession 
limits, minimum sizes, and gear requirements.

Special Accommodations

    The meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aid should 
be directed to Kathy Collins, (302) 526-5253, at least 5 days prior to 
the meeting date.

    Dated: July 9, 2021.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2021-14941 Filed 7-13-21; 8:45 am]
BILLING CODE 3510-22-P
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

453 

CA 15-00882 

PRESENT: WHALEN, P.J., CARNI, NEMOYER, TROUTMAN, AND SCUDDER, JJ. 

 

IN THE MATTER OF THE EIGHTH JUDICIAL DISTRICT 

ASBESTOS LITIGATION.

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

BETH ANN PIENTA, AS SUCCESSOR EXECUTRIX OF THE 

ESTATE OF LEE HOLDSWORTH, DECEASED, AND AS 

EXECUTRIX OF THE ESTATE OF CAROL A. HOLDSWORTH, 

DECEASED, PLAINTIFF-RESPONDENT, 

 

V ORDER

A.W. CHESTERTON COMPANY, ET AL., DEFENDANTS, 

AND CRANE CO., DEFENDANT-APPELLANT. 

(APPEAL NO. 1.) 

 

K&L GATES LLP, NEW YORK CITY (MICHAEL J. ROSS, OF THE PENNSYLVANIA

BAR, ADMITTED PRO HAC VICE, OF COUNSEL), FOR DEFENDANT-APPELLANT.

LIPSITZ & PONTERIO, LLC, BUFFALO (DENNIS P. HARLOW OF COUNSEL), FOR

PLAINTIFF-RESPONDENT. 

 

Appeal from an order of the Supreme Court, Erie County (Jeremiah

J. Moriarty, III, J.), entered July 10, 2014. The order denied the

motion of defendant Crane Co. to set aside a jury verdict. 

It is hereby ORDERED that said appeal is unanimously dismissed 

without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens,

155 AD2d 435; see also CPLR 5501 [a] [1], [2]). 

Entered: July 8, 2016 Frances E. Cafarell

Clerk of the Court
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,420

EX PARTE EPHRAIM LEE WILSON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. W97-74953-S(A) IN THE 282 JUDICIAL DISTRICT COURT ND

FROM DALLAS COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to aggravated

robbery in exchange for seven years’ deferred adjudication community supervision. He was later

adjudicated guilty and sentenced to twenty years’ imprisonment. The Fifth Court of Appeals

dismissed his appeal for want of jurisdiction. Wilson v. State, No. 05-02-00163-CR (Tex. App. –

Dallas, November 18, 2002).

Applicant contends, inter alia, that histrial counsel rendered ineffective assistance, and that
2

his plea of guilty was caused by counsel’s ineffectiveness. The trial court held a hearing, and has

determined that trial counsel was ineffective in that counsel failed to investigate, failed to interview

a witness who was available and willing to provide testimony that would have exonerated Applicant,

and erroneously advised Applicant to plead guilty. The trial court finds that but for counsel’s

deficient performance, Applicant would not have pleaded guilty but would have insisted on going

to trial. Furthermore, the trial court finds that had Applicant gone to trial with competent counsel,

and had the testimony of the witness in question been presented, the jury would have been unlikely

to convict Applicant of this offense.

Applicant is entitled to relief. The judgment in Cause No. W97-74953-S(A) from the 282nd

Judicial District Court of Dallas County is set aside, and Applicant is remanded to the custody of the

Sheriff of Dallas County to answer the charge against him.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional

Institutions Division and Pardons and Paroles Division.

Delivered: September 22, 2010

Do Not Publish