alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# EUR-Lex - 52006AP0471 - EN

Important legal notice

*|*

# 52006AP0471

**European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Council Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (COM(2005)0676 - C6-0442/2005 - 2005/0258(COD)) **

*
Official Journal 314 E , 21/12/2006 P. 0067 - 0067 *

P6_TA(2006)0471

Social security schemes to employed persons and members of their families moving within the Community ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Council Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (COM(2005)0676 — C6-0442/2005 — 2005/0258(COD))

(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the European Parliament and the Council (COM(2005) 0676) [1],

- having regard to Article 251(2) and Articles 42 and 308 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0442/2005),

- having regard to Rule 51 of its Rules of Procedure,

- having regard to the report of the Committee on Employment and Social Affairs (A6-0346/2006),

1. Approves the Commission proposal as amended;

2. Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3. Instructs its President to forward its position to the Council and the Commission.

[1] Not yet published in the OJ.

--------------------------------------------------
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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

WILLIAM ALBERT HAYNES III, 

individually and on behalf of 

all others similarly situated, 

Plaintiff, 

v. 

WORLD WRESTLING ENTERTAINMENT, 

INC. I 

Defendant. 

BROWN, Judge. 

3:14-cv-01689-ST 

ORDER 

On June 25, 2015, Magistrate Judge Janice M. Stewart issued 

an Opinion and Order (#59) granting Defendant's Motion (#47) to 

Transfer Venue. On July 9, 2015, Plaintiff filed Objections 

(#61) to Magistrate Judge's Order. The matter is now before this 

Court pursuant to Federal Rule of Civil Procedure 72(a). 

In accordance with Rule. 72(a), "[w]hen a pretrial matter not 

dispositive of a party's claim or defense is referred to a 

magistrate judge to hear and decide, the magistrate judge must 

promptly conduct the required proceedings and, when appropriate, 

1 - ORDER 

Case 3:14-cv-01689-ST Document 66 Filed 07/27/15 Page 1 of 2
issue a written order stating the decision." The standard of 

review for an order with objections is ''clearly erroneous" or 

"contrary to law." See also 28 U.S.C. § 636(b)(l)(A)(applying 

the "clearly erroneous or contrary to law" standard of review for 

nondispositive motions). If a ruling on a motion is not 

determinative of "a party's claim or defense," it is not 

dispositive and, therefore, is not subject to the de nova review 

that is required for proposed findings and recommendations that 

address dispositive motions. See 28 U.S.C. § 636(b) (1) (B). 

This Court has carefully considered the Objections of 

Plaintiff and concludes they do not provide a basis to modify the 

Magistrate Judge's Order. This Court also has reviewed the 

pertinent portions of the record de nova and does not find any 

error. 

CONCLUSION 

The Court AFFIRMS Magistrate Judge Stewart's Opinion and 

Order (#59) granting Defendant's Motion (#47) to Transfer Venue. 

IT IS SO ORDERED. 

DATED this 27th day of July, 2015. 

/s/ Anna J. Brown 

ANNA J. BROWN 

United States District Judge 

2 - ORDER 

Case 3:14-cv-01689-ST Document 66 Filed 07/27/15 Page 2 of 2
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Nacer  Bellaloui    Research Plant Physiologist Crop Genetics Research Unit 141 Experiment Station Road PO Box 345 Stoneville, MS 38776 Office: 662.686.5290 Fax: 662.686.5218


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#### Henry D. Norris, Respondent, *v.*William H. Nesbit et al., Appellants.

An action to foreclose a mechanics’ lien is not an action “affecting the title to real estate or an interest therein ” within the meaning of the exception in the provision of the Code of Civil Procedure (§ 191, subd. 3), limiting appeals to this court, and when the amount.in controversy is less than $500, the Judgment is not reviewable here.

(Argued October 10, 1890;

decided October 21, 1890.)

*651Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Mew York, entered upon an order made April 1, 1889, which affirmed a judgment in favor of plaintiff entered upon the report of a referee.

This action was brought to foreclose a mechanics’ lien.

The following is the opinion in full:

“ The mechanics’ lien in process of foreclosure in this action was for a claim of $419.20, and hence the amount in controversy fell below the figure specified by section 191 of the Code of Civil Procedure as a condition of the right to have a further review by this court.

“Mor does the action affect the title to real property, or an interest therein, within the sense in which that language is te be taken and in which it has been construed in this court. *(Wheeler*v. Scofield, 67 M. Y. 311; *Nichols*v. *Voorhis,*74 id. 28; *Trevett*v. *Barnes,*110 id. 500.) Mo action can be deemed to effect the title to real estate, merely because it relates to real estate. Whether it be brought for an injury to real property, or to enforce the collection of a claim thereon, it is not included in the category of actions which have for their object the determination of title. The judgment in this action could not change the title to real estate or he conclusive evidence against the true owner. Its effect is simply to collect the plaintiff’s money demand out of the real estate. He claims no title to it and as to these appellants, whatever their title and interests, the result of the action is to enforce payment out of the real estate, notwithstanding their defenses; leaving the legal or equitable relations subsisting between them and the defendant Schmidt, who was the record owner of the property when the debt of plaintiff’s assignors was contracted, to he determined in some proper action, or in such way as the parties might take for that purpose.

“ The appeal should he dismissed, with costs.”

*De Witt C. Brown*for appellants.

*William Stone*for respondent.

Gray, J.,

reads for dismissal of appeal.

All concur.

Appeal dismissed.
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. .’ 

.e 305 

oplnlon Eo. O-7.502 

%I?: Is it mfudatory that the 

city health officer be 

ap lntetl.sacb year snd 

2-e cl ted questlon8. 

Your letter of flwentber 9, 1966 has been reoeived r-eguesting an opkfon of this department MC! presenting the following 

two questione: 

WI. 

asndatory that the c ty hetith dfficsr is appointed 

Atrordiy to ,,the~ state. l&s is it 

every two ye%rs? ' 

‘(2). 

is z-e-elected entire1 

sL%yor and city counta ; 

city health officer 

ey wish to keep the sams 

8 It necesscqr for the govern- 

* body ta agaia 08ficially appoint the health officer 

Sor a new tea-&" 

prorides : 

Article 4425, ILevisod Civil Statutes of Tsxas, as amended, 

. . 

"The goyerniig. bod;r of each inoorporated city and 

tom within this State shzS. elect l qualified person 

for the office of City health officer by s najority 

of the vo';os of the governing body, except in cities 

uhich aay be o*rat.ed under e charter providing for a 

different net!& of se1ecti.q city 

fh 

yaicians, in which 

event the dfiS.ce of city health off cer &all be filled 

as ie now PiLeG by the city physicist,, butSin no 

iustanee sl;&.et~tof:ice 02 city health ofricer bB 

aboliabed. -- liealtk ofilcer after amointzzent 

shall talcc em? sub&be to the of1 -1 ciCl o.&; ant? ah dl 

flL - copy of such oath end a copy of his a~~oiWmrzt 
\ . 

Ilon. oebrgo WI co% - P%w 2 

~t&theTaxasStateBoard ofKee&h, and ahallnotbe 

debti ",z ;&a;~ qualified until aaid coptee ohall 

. Ho tenure of affieo ir proaadbad for the oit health 

officer, 80 the etty would haye authoriOy'to preeoriba I;r ordinanoo 

what the authorities felt would-be the proper length of tho.Wrm of 

a city health officer. However,. the tena of office could not be 

fixed for a term longer.than two years because of the limitation6 

provided in Article XVI Section 30, of the Texas Cowtitution. 

380 &SO ca~b&%ll VS. k&OWfl, 30 3.4. 322; h2hld.c: Vll. City Of ' 

Dallas, 63 SAT;'. 2nd 175, af-tirn?od # S.X. 2nd 167, oplnioil withdrawn 

on rdmaring and reversed on ether grounds, 103 S.W. 2nd 725. 

provides: 

Row&w, Article XVI, Section 17, of the State Constlti%ion 

(7) 

.ihll officers within the Stat6 eh&U continue to 

perform the &tie8 0: their offioeer until their 5wz- .b.. oe88or8 13hal.3. be dd.. qu&ified.R 

'Pherbforo, our antwer Lo ]iour first q&t&on is that a city 

health officer &tee no-t havo to be appo$ntbd every two ywr6, but his 

ternlofofflce c#u¶not+befor8longortwm~aQtwoye~* 

ia that it would not be 

a&o ol'ficially ap it?% 

if that person now r olds 

ofMaa until hi6 l uo c esadvisable if the city 

.~.
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