alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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# Official Journal L 88/2021

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 88 |
| | |
| English edition | Legislation | Volume 6415 March 2021 |

ISSN 1977-0677

Official Journal

of the European Union

L 88

English edition

Legislation

Volume 6415 March 2021

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | DECISIONS |
| | * | Commission Implementing Decision (EU) 2021/450 of 10 March 2021 amending the Annex to Implementing Decision (EU) 2020/1809 concerning certain protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States
  (notified under document C(2021) 1711)

   (
  1
  ) | 1 |

Contents

II   Non-legislative acts

page

DECISIONS

*

Commission Implementing Decision (EU) 2021/450 of 10 March 2021 amending the Annex to Implementing Decision (EU) 2020/1809 concerning certain protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States
  (notified under document C(2021) 1711)

   (
  1
  )

(notified under document C(2021) 1711)

1

1

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
firstamendmenttoemployme






  FIRST AMENDMENT TO EMPLOYMENT AGREEMENT       This First Amendment to Employment Agreement (this “Amendment”) is entered into as of June  24, 2021 by and between BlueLinx Corporation (the “Company”) and Dwight Gibson (“Executive”, and  collectively with the Company, the “Parties”).     WHEREAS, the Company, BlueLinx Holdings Inc., and Executive are parties to that certain  Employment Agreement dated as of April 15, 2021 (the “Agreement”) and effective June 7, 2021 (the  “Effective Date”);     WHEREAS, Section 19 of the Agreement provides that it may be amended by written consent of  the Company and Executive; and     WHEREAS, the Company and Executive desire to amend the Agreement by updating the  Executive’s title with the Company and correcting the vesting date specified for the restricted stock units  contemplated by Section 4(d)(i) of the Agreement.     NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good  and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties  hereto agree as follows:     1. Amendment to Agreement. In each place in the Agreement where it appears, the term  “Chief Executive Officer” shall be replaced with the term “President and Chief Executive Officer.”    2.  Amendment to Section 4(d).  Section 4(d)(i) of the Agreement is hereby amended by  deleting the reference to “June 1, 2022” in Section 4(d)(i) and replacing it with “June 7, 2022.”     3. No Other Amendments.  All terms and provisions of the Agreement not amended hereby  shall remain in full force and effect, and from and after the date of this Amendment, all references to the  term “Agreement” in this Amendment or the original Agreement shall include the terms contained herein.     4. Counterparts.  This Amendment may be executed in separate counterparts, each of which  is to be deemed to be an original and all of which taken together are to constitute one and the same  agreement.      [Signatures on following page]     





 






   IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the date first set  forth above.      BLUELINX CORPORATION        By: /s/ Shyam K. Reddy      Shyam K. Reddy  Chief Administrative Officer      EXECUTIVE        /s/ Dwight Gibson      Dwight Gibson
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#### Patrick D. TILLIO, Sr., Appellant v. F. Harry SPIESS, Jr.; Montgomery County; Montgomery County Courthouse; Steven T. O’Neill, Montgomery County Courthouse; Joe Rannaezy, Vincent’s Hardwood Flooring; Lauren McSorley; Michael P. Dignazio.

No. 11-1276.

United States Court of Appeals, Third Circuit.

Submitted Pursuant to Third Circuit LAR 34.1(a) Aug. 1, 2011.

Opinion filed: Aug. 4, 2011.

*110Patrick D. Tillio, Sr., Ardmore, PA, pro se.

Before: JORDAN, GARTH and BARRY, Circuit Judges.

OPINION

PER CURIAM.

Patrick Tillio, proceeding *pro se,*appeals the decision of the District Court dismissing his complaint without prejudice for failure to comply with Rule 8(a) of the Federal Rules of Civil Procedure. In January 2011, Tillio filed a five-page handwritten complaint. On January 20, 2011, the District Court, *sua sponte,*dismissed Til-lio’s complaint without prejudice and closed the case statistically, because it was “rambling and unclear” and therefore failed to meet the pleading standards set forth in Rule 8(a).

We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291. This Court reviews a district court’s dismissal of claims under Rule 8 for abuse of discretion. *In re Westinghouse Sec. Litig.,*90 F.3d 696, 702 (3d Cir.1996).

Federal Rule of Civil Procedure 8(a) requires a pleading to contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” A district court may *sua sponte*dismiss a complaint for failure to comply with Rule 8, but dismissal “is usually reserved for those cases in which the complaint is so confused, ambiguous, vague, or otherwise unintelligible that its true substance, if any, is well disguised.” *Simmons v. Abruzzo,*49 F.3d 83, 86 (2d Cir.1995) (quotations omitted). Although the complaint Tillio submitted was, as the District Court noted, “rambling and unclear,” district courts generally must allow plaintiffs leave to amend deficient complaints prior to dismissal unless doing so would be futile. *Simmons,*49 F.3d at 87; *cf. Grayson v. Mayview State Hosp.,*293 F.3d 103, 108 (3d Cir.2002).

We conclude that the District Court did not abuse its discretion in dismissing Til-lio’s complaint for failure to comply with Federal Rule of Civil Procedure 8. None of his submissions to the District Court or to this Court reveals any factual or legal basis for a federal claim. Although a district court should generally give leave to amend prior to dismissing or making its own determination whether any amendment would be futile, *Simmons,*49 F.3d at 87, we are satisfied — especially in light of Tillio’s unclear appellate filings — that the District Court did not abuse its discretion by dismissing his complaint without leave *111to amend. *Cf. Grayson v. Mayview State Hosp.,*293 F.3d 103, 114 (3d Cir.2002).

For the foregoing reasons, we shall affirm the judgment of the District Court.
<PAGE>


                         [The Lenfest Group Letterhead]


                                                March 26, 1998
                                                (Effective September 30, 1997)

Samuel W. Morris, Jr., Esquire
Vice President - General Counsel
Lenfest Communications, Inc.
200 Cresson Boulevard
Oaks, Pa 19456-0989

    Re: LCI Indemnity of H. F. Lenfest on Australis Movie Studio Agreements

Dear Sam:

         In consideration of the continuing indemnity provided by Lenfest New
Jersey, Inc., Lenfest York, Inc., Lenfest Raystay, Inc. and Lenfest MCN, Inc.
(formerly MicroNet, Inc.), pursuant to the Agreement, dated June 6, 1997,
between those companies and me, with respect to any loss I may suffer in making
good my personal guarantee to the movie studios under their license agreements
with Australis Media Limited, I hereby amend my Letter Agreement, dated March 6,
1997, and release LCI and the Restricted Subsidiaries from their indemnification
obligation to me under the AML Movie Studio Guaranty Liability until the last to
occur of January 1, 1999 or the last day of any fiscal quarter when the funding
of such indemnity would not cause LCI to be in default under the Credit
Agreement, dated as of June 27, 1996 (as the same may be amended from time to
time, the "Credit Agreement"), among LCI and the banks parties thereto. The
effective date of this amendment is September 30, 1997.

         Capitalized terms not defined herein have the meaning given in the
Credit Agreement.



                                            Sincerely yours,


                                            /s/ H. F. Lenfest
                                            ----------------------------
                                                H. F. (Gerry) Lenfest

cc:  H. Brooks
     M. Bryla
     T. K. Pasch, Esq.
     M. Glass, Toronto Dominion Bank
     B. Collins, Toronto Dominion Bank
----

(2004/C 84 E/0918)

WRITTEN QUESTION E-0623/04

by Alexandros Alavanos (GUE/NGL) to the Commission

(1 March 2004)

Subject:   Schedules of airlines from third countries

Following the recent tragic crash of the Flash Airlines plane from Sharm el-Sheik in Egypt, the United Kingdom published a list of third countries airlines which are banned from using its airspace since they fail to comply with the international safety rules laid down by the International Civil Aviation Organization. One of the airlines blacklisted in this way is Albanian Airlines, which operates a flight three or four times a week between Athens and Tirana.

Will the Commission say:

Answer given by Mrs de Palacio on behalf of the Commission

(6 April 2004)

At present there are no provisions obliging the Member States to give the Commission the information requested by the Honourable Member. The Commission is not therefore in possession of the information and would invite the Honourable Member to contact the competent national authorities directly. In contrast, as the Honourable Member will be able to confirm, the Directive mentioned below will give the Commission access to such information.

The Directive of the European Parliament and of the Council due to be adopted in April 2004 on third countries' aircraft calling at Community airports (1) provides scope for national authorities to check the conformity of third countries' aircraft with international safety standards. It also provides for an exchange of information on this subject between the Member States and the Commission, the possibility of grounding dangerous aircraft and a procedure whereby a decision by one Member State to ban an airline from using its airspace can be extended throughout the Community.

----

(1)  Not yet published.

----
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#### Violet GOODWIN, Appellant, v. CREIGHTON UNIVERSITY, Appellee.

No. 11-2657.

United States Court of Appeals, Eighth Circuit.

Submitted: Dec. 15, 2011.

Filed: Dec. 20, 2011.

Violet Goodwin, Omaha, NE, pro se.

Abigail M. Moland, McGrath & North, Omaha, NE, for Appellee.

Before MURPHY, ARNOLD, and BENTON, Circuit Judges.

PER CURIAM.

Violet Goodwin appeals the district court’s1 adverse grant of summary judgment in her Title VI discrimination action, in which she alleged that the defendant University had discriminated against her in its law school admissions process. Upon careful de novo review, this court concludes the judgment of the district court was correct for the reasons stated in the district court’s order. *See Tusing v. Des Moines Indep. Cmty. Sch. Dist.,*639 F.3d 507, 514 (8th Cir.2011) (standard of review). *See*8th Cir. R. 47B.

1

. The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska.
<PAGE>


                                                                    Exhibit 31.2

                                 CERTIFICATIONS

    I, Brent W. Christensen, certify that:

    1. I have reviewed this quarterly report on Form 10-Q/A of Meade Instruments
Corp.;

    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;

    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;

    4. The registrant's other certifying officer 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 registrant 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
         registrant, 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) evaluated the effectiveness of the registrant'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

      c) disclosed in this report any change in the registrant's internal
         control over financial reporting that occurred during the registrant's
         most recent fiscal quarter (the registrant's fourth fiscal quarter in
         the case of an annual report) that has materially affected, or is
         reasonably likely to materially affect, the registrant's internal
         control over financial reporting; and

    5. The registrant's other certifying officer 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 registrant'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 registrant'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 registrant's internal
         control over financial reporting

Date: July 21, 2004

By: /s/ Brent W. Christensen
    --------------------------------
    Senior Vice President - Finance and CFO
EXHIBIT 23
                                                                      ----------





              [LETTERHEAD OF SMITH, GOOLSBY, ARTIS & REAMS, P.S.C.]




                          INDEPENDENT AUDITOR'S CONSENT
                          -----------------------------


The Board of Directors
Classic Bancshares, Inc
Ashland, Kentucky


We hereby consent to incorporation by reference in the Registration Statements
on Form S-8 (Nos. 333-09385, 333-09409, and 333-43481) of our report dated June
15, 2003, relating to the consolidated financial statements of Classic
Bancshares, Inc. and subsidiaries as of March 31, 2003 and 2002 and for each of
the years in the three-year period ended March 31, 2003, which report appears on
Form 10-KSB of Classic Bancshares, Inc. for the Fiscal year ended March 31,
2003.



/s/ Smith, Goolsby, Artis & Reams, P.S.C.
-----------------------------------------


Ashland, Kentucky
June 27, 2003
Case: 1:02-cv-07345 Document #: 163  Filed: 12/23/03 Page 1 of 3 PageID #:1246

Case: 1:02-cv-07345 Document #: 163  Filed: 12/23/03 Page 2 of 3 PageID #:1247

Case: 1:02-cv-07345 Document #: 163  Filed: 12/23/03 Page 3 of 3 PageID #:1248