alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2019187EN.01008801.xml

| 3.6.2019 | EN | Official Journal of the European Union | C 187/88 |
| --- | --- | --- | --- |

3.6.2019

EN

Official Journal of the European Union

C 187/88

---

Action brought on 15 April 2019 — Tradición CZ v EUIPO — Rivero Argudo (TRADICIÓN CZ, S.L.)

(Case T-250/19)

(2019/C 187/95)

Language in which the application was lodged: Spanish

Parties

Applicant: Tradición CZ, SL (Jerez de la Frontera, Spain) (represented by: M. Aznar Alonso, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: María Dolores Rivero Argudo (Jerez de la Frontera, Spain)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for the EU word mark TRADICIÓN CZ, S.L. — Application for registration No 14 977 045

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 4 February 2019 in Case R 257/2018-2

Form of order sought

The applicant claims that the Court should:

| — | Stay the present proceedings until a final decision is taken in the revocation proceedings against the opposing trade mark No 7272594 RIVERO CZ (proceedings 33785-C) before EUIPO. |
| --- | --- |

—

Stay the present proceedings until a final decision is taken in the revocation proceedings against the opposing trade mark No 7272594 RIVERO CZ (proceedings 33785-C) before EUIPO.

| — | Declare the first plea well founded, annul the contested decision and find that there is no likelihood of confusion between the marks at issue. |
| --- | --- |

—

Declare the first plea well founded, annul the contested decision and find that there is no likelihood of confusion between the marks at issue.

| — | In the alternative and cumulatively, declare the second plea well founded, annul the contested decision and find that there is no likelihood of confusion between the marks at issue in respect of the services in Class 35 relating to the sale of vinegars and musts. |
| --- | --- |

—

In the alternative and cumulatively, declare the second plea well founded, annul the contested decision and find that there is no likelihood of confusion between the marks at issue in respect of the services in Class 35 relating to the sale of vinegars and musts.

| — | Order EUIPO and the other party, should she appear in the present proceedings, to pay the costs. |
| --- | --- |

—

Order EUIPO and the other party, should she appear in the present proceedings, to pay the costs.

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation (EU) No 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation (EU) No 2017/1001 of the European Parliament and of the Council.

---
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 1 of 28 PageID #:550
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 2 of 28 PageID #:551
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 3 of 28 PageID #:552
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 4 of 28 PageID #:553
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 5 of 28 PageID #:554
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 6 of 28 PageID #:555
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 7 of 28 PageID #:556
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 8 of 28 PageID #:557
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 9 of 28 PageID #:558
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 10 of 28 PageID #:559
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 11 of 28 PageID #:560
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 12 of 28 PageID #:561
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 13 of 28 PageID #:562
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 14 of 28 PageID #:563
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 15 of 28 PageID #:564
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 16 of 28 PageID #:565
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 17 of 28 PageID #:566
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 18 of 28 PageID #:567
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 19 of 28 PageID #:568
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 20 of 28 PageID #:569
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 21 of 28 PageID #:570
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 22 of 28 PageID #:571
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 23 of 28 PageID #:572
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 24 of 28 PageID #:573
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 25 of 28 PageID #:574
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 26 of 28 PageID #:575
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 27 of 28 PageID #:576
Case: 1:02-cv-07266 Document #: 91 Filed: 03/27/06 Page 28 of 28 PageID #:577
#### Teodoro F. Marquez, Respondent, v Trustees of Columbia University in the City of New York, Appellant.

[943 NYS2d 750]-

Order, Supreme Court, New York County (Joan A. Madden, J.), entered December 12, 2011, which, insofar as appealed from as limited by the briefs, granted plaintiffs motion for summary judgment on the issue of liability under Labor Law § 240 (1), and denied defendant’s cross motion for summary judgment dismissing the § 240 (1) claim, unanimously affirmed, without costs.

Plaintiff established his entitlement to judgment as a matter of law. Plaintiff submitted, inter alia, his deposition testimony and his affidavit showing that he was working on an A-frame ladder plastering a ceiling when the ladder became unstable and tipped, causing him to fall to the floor *(see Siegel v RRG Fort Greene, Inc.,*68 AD3d 675 [2009]; *Orellano v 29 E. 37th St. Realty Corp.,*292 AD2d 289 [2002]). In opposition, defendant failed to raise a triable issue of fact. Concur — Friedman, J.P., Sweeny, DeGrasse, Abdus-Salaam and Román, JJ. [Prior Case History: 2011 NY Slip Op 33182(U).]
**Exhibit 10.34**

 

**IDX SYSTEMS CORPORATION**

 

**Amendment No. 5**

**to**

**1995 Director Stock Option Plan, as amended**

 

The 1995 Director Stock Option Plan, as amended (the “Plan”), is hereby amended as follows (capitalized terms used herein and not defined herein shall have therespective meaning ascribed to such terms in the Plan): 

 

1. Section 5(c) ofthe Plan is hereby amended by adding the following sentence to the end of the aforementioned section: 

 

“Notwithstanding the foregoing the Board of Directors (including acting through a committee or subcommittee composed solely of two or moreNon-Employee Directors pursuant to Section 5(a)(iv) of the Plan) may in its discretion and from time-to-time grant options that permit, upon prior written notice to the Company, the transfer by gift of such options to any lineal descendant(including any legally adopted child), spouse or parent of an eligible optionee (a “Permitted Transferee”), or to any trust or similar entity of which a Permitted Transferee is the beneficiary; provided, however, that upontransfer to a Permitted Transferee pursuant to this Section 5(c), such Permitted Transferee (i) may not make any further transfer of such transferred options and (ii) may exercise such options only if and to the extent that the transferor, at thetime of such exercise, is permitted to exercise such option pursuant to the Plan and the written agreement evidencing such option grant. References to an “optionee” in the Plan or the written agreement evidencing such option grant, to theextent relevant in the context, shall apply to the Permitted Transferee.” 

 

2. Section 6 of the Plan is hereby amended and restated in its entirety to read as follows: 

 

 

The rights and benefits of participants under the Plan may not be assigned, whether voluntarily or by operation of law, except as providedin either Section 5(c) or Section 5(g).” 

 

Except as aforesaid, the Planshall remain in full force and effect. 

 

Adopted by the Board ofDirectors on May 19, 2003
3315 (4/18/95) CCG 0015 AC
Memorandum of Judgment

IN THE UNITED STATES
DISTRICT COURT FOR THE
NORTHERN DISTRICT OF
ILLINOIS, EASTERN

DIVISION
ENTERTAINMENT BY J&J,
INC.,
Plaintiff,
Vv.

BUD'S SPORT PLACE IV
d/b/a BUD’S and JOHN
GRABOWSKI and PARKER

GRABOWSKI,
Defendants.
Recorder's Stamp
. No. O01 C 6686
MEMORANDUM OF JUDGMENT
on March 19 , 2005, judgment was entered in this Court
in favor of the plaintiff ENTERTAINMENT BY J & J, INC

and against defendants _BUD'S SPORT PLACE IV, INC. d/b/a BUD'S and JOHN GRABOWKSI and PARKER GRABOWSKI

whose address is: _1033 Forest Trail, Sugar Grove, IL 60554 -- PIN #14-03-478-015

(GQ (ken

Judge Robert W. Gettleman

PILED

in the amount of $_118,769.00

Name Jennifer M. Bode, Coston & Rademacher

Attorney for Judgment Plaintiff AUG -
Address 407 S. Dearborn, Suite 600 Bus 5 $ £00
City Chicago, Illinois 60605 euler

Telephone 312/427-1930
AST BOURT

CLERK OF THE U.S. DISTRICT COURT, NORTHERN DISTRICT OF ILLINOIS
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wor-ex1069_329.htm



Exhibit 10.69

 

ANNUAL BASE SALARIES APPROVED FOR NAMED EXECUTIVE OFFICERS

OF

WORTHINGTON INDUSTRIES, INC.

 

In June 2021, the Compensation Committee of the Board of Directors of Worthington Industries, Inc. (the “Registrant”) approved base salary increases for the following executive officers of the Registrant who will be named executive officers of the Registrant for purposes of the disclosure to be included in the Registrant’s Proxy Statement for the 2021 Annual Meeting of Shareholders to be held on September 29, 2021, which will become effective in September 2021. 

 


	
Name and Principal Position
	
 
	
 
	
Base Salary

	
 
	
 
	
 
	
 
	
 

	
John P. McConnell

Executive Chairman; a Director
	
 
	
 
	
$
	
412,000

	
 
	
 
	
 
	
 
	
 

	
B. Andrew Rose

President and CEO
	
 
	
 
	
$
	
670,000

	
 
	
 
	
 
	
 
	
 

	
Joseph B. Hayek
	
 
	
 
	
 
	
 

	
Vice President and Chief Financial Officer of the Registrant
	
 
	
 
	
$
	
450,000

	
 
	
 
	
 
	
 
	
 

	
Geoffrey G. Gilmore

Executive Vice President and Chief Operating Officer of the Registrant
	
 
	
 
	
$
	
633,000

	
 
	
 
	
 
	
 
	
 

	
Eric M. Smolenski

President – Building Products and Sustainable Energy Solutions
	
 
	
 
	
$
	
386,250

	
 
	
 
	
 
	
 
	
 

	
Jeff R. Klinger

President – Steel Processing
	
 
	
 
	
$
	
 

385,000
EXHIBIT 21.1

LIST OF SUBSIDIARIES OF MEDALLION FINANCIAL CORP.



|                                 |  |                                           
|-------------------------------- |  | ------------------------------------------
|Name                             |  | Jurisdiction of Incorporation or Formation
|Medallion Funding LLC            |  | New York                                  
|                                 | 
|Medallion Capital, Inc.          |  | Minnesota                                 
|                                 | 
|Freshstart Venture Capital Corp. |  | New York                                  
|                                 | 
|Medallion Bank                   |  | Utah                                      
|                                 | 
|Generation Outdoor, Inc.         |  | Delaware                                  
|                                 | 
|Medallion Hamptons Holding LLC   |  | Delaware                                  
|                                 | 
|Taxi Medallion Loan Trust III    |  | Delaware                                  
|                                 | 
|Medallion Servicing Corp.        |  | Delaware                                  
|                                 | 
|Medallion Fine Art, Inc.         |  | Delaware                                  
|                                 | 
|LAX Group, LLC                   |  | Delaware                                  



68
#### Yellow Book Sales and Distribution Company, Inc., Respondent, v On Call Plumbing & Heating, Inc., et al., Appellants.

[945 NYS2d 140]—

In an action to recover damages for breach of contract, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), dated June 13, 2011, as granted that branch of the plaintiffs motion which was for summary judgment on the complaint insofar as asserted against the defendant Charles A. Cafiso.

Ordered that the appeal by the defendant On Call Plumbing & Heating, Inc., is dismissed, as it is not aggrieved by the portion of the order appealed from *(see*CPLR 5511; *Mixon v TBV Inc.,*76 AD3d 144, 156-157 [2010]); and it is further,

Ordered that the order is reversed insofar as appealed from by the defendant Charles A. Cafiso, on the law, with costs, and that branch of the plaintiffs motion which was for summary judgment on the complaint insofar as asserted against the defendant Charles A. Cafiso is denied.

“An agent who signs an agreement on behalf of a disclosed principal will not be held liable for its performance unless the agent clearly and explicitly intended to substitute his personal liability for that of his principal” *(Yellow Book Sales & Distrib. Co., Inc. v Mantini,*85 AD3d 1019, 1021 [2011] [internal quotation marks omitted]; *see Savoy Record Co. v Cardinal Export Corp.,*15 NY2d 1, 4-6 [1964]; *Salzman Sign Co. v Beck,*10 NY2d 63, 67 [1961]; *Ho Sports, Inc. v Meridian Sports, Inc.,*92 AD3d 915, 916-917 [2012]; *Stamina Prods., Inc. v Zintec USA, Inc.,*90 AD3d 1021, 1022 [2011]). Here, the plaintiff failed to establish its prima facie entitlement to judgment as a matter of law against the defendant Charles A. Cafiso, who executed the advertising contract with the plaintiff on behalf of the defendant On Call Plumbing & Heating, Inc., because a triable issue of fact exists as to whether he may be held personally liable on that contract *(see Ho Sports, Inc. v Meridian Sports, Inc.,*92 AD3d at 917; *Yellow Book Sales & Distrib. Co., Inc. v Mantini,*85 AD3d at 1021; *Yellow Book of NY v DePante,*309 AD2d 859, 860 [2003]; *Star Video Entertainment v J & I Video Distrib.,*268 AD2d 423 [2000]). Accordingly, the Supreme Court should have denied that branch of the plaintiffs motion which was for summary judgment on the complaint insofar as asserted against Cafiso. Rivera, J.P., Belen, Sgroi and Miller, JJ., concur. [Recalled and vacated, see 2012 NY Slip Op 75315(U).]
Case: 1:01-cv-09479 Document #: 56 Filed: 04/24/02 Page 1 of 4 PageID #:266
Case: 1:01-cv-09479 Document #: 56 Filed: 04/24/02 Page 2 of 4 PageID #:267
Case: 1:01-cv-09479 Document #: 56 Filed: 04/24/02 Page 3 of 4 PageID #:268
Case: 1:01-cv-09479 Document #: 56 Filed: 04/24/02 Page 4 of 4 PageID #:269
Case: 1:02-cv-04506 Document #: 7 Filed: 09/10/02 Page 1 of 2 PageID #:33
Case: 1:02-cv-04506 Document #: 7 Filed: 09/10/02 Page 2 of 2 PageID #:34
#### In the Matter of Roseanne Martin, Petitioner, v Kevin Murray, as Deputy State Comptroller, Respondent.

[943 NYS2d 805]—

Kavanagh, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Comptroller which denied petitioner’s application for accidental disability retirement benefits.

Petitioner, a charge nurse for the Westchester Medical Center, was injured in November 2008 when, at the request of a nursing home resident, she stepped behind a chair to change the station on a radio and tripped and fell when the cord from a window blind became wrapped around her ankle. As a result of the fall, petitioner sustained injuries to her back, right arm and right shoulder which led to her application for accidental disability retirement benefits. The application was ultimately denied by the Comptroller, with a determination that the November 2008 incident did not constitute an accident within the meaning of Retirement and Social Security Law § 63. Petitioner thereafter commenced this CPLR article 78 proceeding to challenge the determination, and we now confirm.

Petitioner bears the burden of establishing entitlement to accidental disability retirement benefits by demonstrating that her injuries were caused by “ ‘a sudden and extraordinary event that [was] unrelated to the ordinary risks of [her] employment’ ” *(Matter of Chilelli v DiNapoli,*91 AD3d 1098, 1098 [2012], quoting *Matter ofBleeker v New York State Comptroller,*84 AD3d 1683, 1683-1684 [2011], *lv denied*17 NY3d 709 [2011]; *see Matter of Ruggiero v DiNapoli,*85 AD3d 1282, 1283 [2011], *lv denied*17 NY3d 711 [2011]). Benefits may be denied where the hazard causing the incident was one that could have been reasonably anticipated, even though the petitioner did not actually see it until after the fall *(see Matter of Tierney v New York State Comptroller,*90 AD3d 1215, 1215-1216 [2011]; *Matter of Walsh v New York State & Local Retirement Sys.,*82 AD3d 1341, 1341 [2011]). Here, petitioner testified that, as part of her duties, she routinely checked for hazards on the floor, and if she had seen a blind cord that was too long, she would have picked it up and placed it on the window sill. In addition, petitioner testified that, although she did not notice the cord on which she tripped on the day of the accident, she had likely operated that *1557blind previously. Accordingly, we decline to disturb the Comptroller’s finding that the hazard posed by the lengthy cord was one that could have been reasonably anticipated and, thus, we find the determination to be supported by substantial evidence *(see Matter of Batista v New York State Comptroller,*56 AD3d 927, 928 [2008], *lv denied*12 NY3d 708 [2009]).

Lahtinen, J.E, Spain, Malone Jr. and McCarthy, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
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