alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1N THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

QUANTUM, INC., an Oregon corporation 

Plaintiff, Counterclaim Defendant, 

v. 

AKESO HEAL TH SCIENCES, LLC, a 

California corporation, 

Defendant, Counter-Claimant. 

JELDERKS, Magistrate Judge: 

) Civil No.: 3: 16-cv-00334-JE 

) 

) JUDGMENT 

) 

) 

) 

) 

) 

) 

) 

) 

Pursuant to the Court's summary judgment Opinion and Order filed June 5, 2017; the 

jury's Verdict dated June 12, 2017; and the Comi's Opinion and Order filed August 2, 2017, 

IT IS HEREBY ORDERED AND ADJUDGED that: 

1) the patties' written agreement dated February 11, 2002, expired in its entirety on 

October 31, 2004, and to the extent it was still viable in any respect, any residual rights of the 

parties were extinguished by the release executed by the parties on September 27, 2005; 

therefore, Plaintiff Quantum is awarded judgment on its Claim 1 and on Defendant Akeso' s 

Counterclaims I, 2 and 4. 

2) Defendant Akeso is awarded judgment on its implied contract counterclaim regarding 

sales channels (Counterclaim 10) in the amount of$504,381.00, reduced to $404,381.00 

pursuant to paragraph (3) below; 

3) Defendant Akeso is awarded judgment on Counterclaim 9 for implied contractspecific performance upon payment of$100,000 to Quantum. This payment is satisfied by the 

JUDGMENT-I 

Case 3:16-cv-00334-JE Document 172 Filed 08/08/17 Page 1 of 2
reduction to the judgment in paragraph (2) above. No later than 10 business days after the filing 

of this Judgment, Quantum shall complete a trademark assignment of United States Trademark 

Registration No. 2,002,902 and United States Trademark Application Serial No. 86/857160 in 

accordance with Section 10 of the Lanham Act (15 U.S.C. §1060). Furthermore, Quantum is 

enjoined from using the MigreLieftrademark as of the date of this Judgment. Quantum shall, 

without delay, impound and destroy all packaging currently in its possession that bears the 

MigreLief trademark; 

4) Defendant Akeso's counterclaims for breach of the 2002 contract - improper sales 

channels, promissory estoppel, equitable estoppel, injunctive relief, trademark infringement 

based on Quantum's use of the MigreLieftrademark, unfair competition based on Quantum's use 

of the MigreLieftrademark, and unfair and deceptive trade practices based on Quantum's use of 

the MigreLieftrademark (Counterclaims 3, 5, 6, 11, 12, 13, 14 and 19) are dismissed with 

prejudice; 

5) each of the parties' remaining claims for cancellation of the trademark registration and 

application, trademark infringement, unfair competition, and unfair and deceptive trade practices 

(Akeso's Counterclaims 7, 8, 15, 16, 17, 18, and Quantum's Claim Two, including Counts One, 

Two and Tlll'ee) are dismissed with prejudice; 

6) each pmiy is responsible for its own attorneys' fees and costs; and 

7) all other pending motions are denied as moot. 

DATED this day 81

h day of August, 2017. 

Jolm~~ U.S. Magistrate Judge 

JUDGMENT-2 

Case 3:16-cv-00334-JE Document 172 Filed 08/08/17 Page 2 of 2
#### In the Matter of Kayla R. Administration for Children’s Services, Respondent; Corey R., Appellant. (Proceeding No. 1.) In the Matter of Mya J. Administration for Children’s Services, Respondent; Corey R., Appellant. (Proceeding No. 2.)

[943 NYS2d 764] —

In two related child abuse proceedings pursuant to Family Court Act article 10, Corey R. appeals from (1) a fact-finding order of the Family Court, Kings County (Weinstein, J.), dated February 8, 2011, which, after a fact-finding hearing, *1022found that he had abused Mya J. and derivatively abused Kayla R, and (2) an order of disposition of the same court dated March 9, 2011, which, upon the fact-finding order and after a dispositional hearing, inter alia, released the children to the custody of their mother.

Ordered that the appeal from the fact-finding order is dismissed, without costs or disbursements, as the fact-finding order was superseded by the order of disposition and is brought up for review on the appeal from the order of disposition; and it is further,

Ordered that the order of disposition is affirmed, without costs or disbursements.

Contrary to the appellant’s contention, the Family Court properly admitted into evidence the mother’s statement to a police officer as an “adoptive admission” of the appellant *(People v Campney, 94*NY2d 307, 311-312 [1999]; *see People v Woodward,*50 NY2d 922 [1980]). Further, the appellant’s plea of guilty to endangering the welfare of a child was relevant to a determination of the issues in this proceeding and was properly considered by the Family Court *(see Ando v Woodberry,*8 NY2d 165, 168 [1960]).

The Family Court’s finding that the appellant abused Mya J. and derivatively abused Kayla R is supported by a preponderance of the evidence *(see*Family Ct Act § 1012 [e] [iii]; § 1046 [b] [i]; *Matter of Carmen L.,*37 AD3d 468, 469 [2007]). Where, as here, the Family Court is primarily confronted with issues of credibility, its findings must be accorded deference on appeal *(see Matter of Irene O.,*38 NY2d 776, 777 [1975]; *Matter of Aminat O.,*20 AD3d 480 [2005]).

The appellant’s allegation of bias on the part of the Family Court is not supported by the record *(see People v Acosta,*241 AD2d 385, 386 [1997]; *Matter of Tracey v Tracey,*235 AD2d 838 [1997]). Skelos, J.P., Florio, Belen and Sgroi, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0001001188
<NAME> CARNEGIE GROUP, INC.
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               MAR-31-1996
<CASH>                                      12,239,817
<SECURITIES>                                         0
<RECEIVABLES>                                8,772,007
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            22,470,400
<PP&E>                                       1,957,312
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              26,029,896
<CURRENT-LIABILITIES>                        5,525,908
<BONDS>                                              0
<COMMON>                                        64,363
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                  20,413,289
<TOTAL-LIABILITY-AND-EQUITY>                26,029,896
<SALES>                                        129,941
<TOTAL-REVENUES>                             8,323,340
<CGS>                                        5,064,193
<TOTAL-COSTS>                                2,314,983
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,857
<INCOME-PRETAX>                              1,092,572
<INCOME-TAX>                                   409,387
<INCOME-CONTINUING>                            683,185
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   683,185
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                      .10
        

</TABLE>
#### The People of the State of New York, Respondent, v Michael T. Chicherchia, Appellant.

[945 NYS2d 588]

Motion for writ of error coram nobis denied. Present — Smith, J.P., Centra, Carni and Sconiers, JJ.
# United States Court **of Appeals**  **f or the Fifth Circuit** 

**_____________** No. 23 - 40511 **consolidated with** No. 23 - 40512

**_____________ United States of America,**  Plaintiff
— Appellee **,** versus **Mario Alberto Reyes -**  **Martinez** Defendant
— Appellant **.**

**______________________________** Appeal s from the United States District Court for the Southern District of Texas USDC Nos. 7:23 - CR - 622 - 1, 7:23 - CR - 818 - 1

**______________________________** Before **King, Haynes, an** d **Graves,** Circuit Judges **. Per Curiam**  **:** ***** The Federal Public Defender appointed to represent Mario Alberto Reyes - Martinez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Reyes - Martinez has not filed a

**_____________________** * This opinion is not designated for publication. See **5th Cir .**  **R .**  47.5. United States Court of Appeals Fifth Circuit 

### FILED March 21, 2024 Lyle W. Cayce Clerk Case: 23-40511 Document: 45-1 Page: 1 Date Filed: 03/21/2024No. 23 - 40511 c/w No. 23 - 40512

2 response. We have reviewed co unsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal s present no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is **GRANTED** , counsel is e xcused from further responsibilities herein, and the appeal s are **DISMISSED** . See **5th Cir. R.** 42.2 . Case: 23-40511 Document: 45-1 Page: 2 Date Filed: 03/21/2024
#### The People of the State of New York, Respondent, v Timothy D. Wooten, Appellant.

[946 NYS2d 914]

Appeal from a judgment of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), rendered June 28, 2011. The judgment convicted defendant, upon his plea of guilty, of assault in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of assault in the third degree (Penal Law § 120.00 [1]). Contrary to defendant’s contention, the record establishes that he knowingly, voluntarily and intelligently waived the right to appeal *(see generally People v Lopez,*6 NY3d 248, 256 [2006]), and that valid waiver forecloses any challenge by defendant to the severity of the sentence *(see id.*at 255; *see generally People v Lococo,*92 NY2d 825, 827 [1998]; *People v Hidalgo,*91 NY2d 733, 737 [1998]). Present — Scudder, P.J., Carni, Lindley, Sconiers and Martoche, *JJ.*
CERTIFICATE

     I, KENNETH J. WARREN,  hereby certify that I am the duly elected  Secretary
of Royal Precision,  Inc., a Delaware  corporation (the  "Corporation"),  and do
further certify that the following resolutions were duly adopted by the Board of
Directors of the  Corporation at a meeting duly called and held on May 25, 2000,
and that such  resolutions  have not been amended or rescinded,  and are in full
force and effect:

     RESOLVED,  that each officer and director who may be required to execute an
annual report on Form 10-K or any amendment or  supplement  thereto  (whether on
behalf of the Company or as an officer or director thereof or otherwise) be, and
each of them hereby is,  authorized  to execute a power of  attorney  appointing
Richard P. Johnston and Thomas  Schneider and each of them  severally,  his true
and lawful  attorneys and agents to execute in his name, place and stead (in any
such  capacity) said Form 10-K and all  instruments  or reports  necessary or in
connection  therewith,  and to file the same with the  Securities  and  Exchange
Commission,  each of said  attorneys and agents to have the power to act with or
without the other,  to have full power and authority to do and to perform in the
name and on behalf of each of said officers and directors,  or both, as the case
may be, every act which is  necessary  or advisable to be done as fully,  and to
all intents and purposes,  as any such officer or director  might or could do in
person.

     Dated this 5th day of June, 2000.


                                             /s/ Kenneth J. Warren
                                             -----------------------------------
                                             Kenneth J. Warren
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM THE QUINTEL
COMMUNICATIONS, INC. AND SUBSIDIARIES CONSOLIDATED FINANCIAL STATEMENT AS
PRESENTED IN THE COMPANY'S FORM 10Q FOR THE QUARTER ENDED AUG 31, 1999 AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          NOV-30-1999
<PERIOD-START>                             JUN-01-1999
<PERIOD-END>                               AUG-31-1999
<CASH>                                      18,472,306
<SECURITIES>                                21,466,410
<RECEIVABLES>                                9,743,770
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            53,510,009
<PP&E>                                         983,552
<DEPRECIATION>                                 428,404
<TOTAL-ASSETS>                              54,565,157
<CURRENT-LIABILITIES>                       17,714,190
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        15,379
<OTHER-SE>                                  38,850,967
<TOTAL-LIABILITY-AND-EQUITY>                54,565,157
<SALES>                                      8,084,023
<TOTAL-REVENUES>                             8,064,023
<CGS>                                        3,580,331
<TOTAL-COSTS>                                3,580,331
<OTHER-EXPENSES>                             1,907,960
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              20,965
<INCOME-PRETAX>                              2,390,715
<INCOME-TAX>                                 1,092,525
<INCOME-CONTINUING>                          1,298,190
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,298,190
<EPS-BASIC>                                       0.09
<EPS-DILUTED>                                     0.09


</TABLE>
Case 3:16-cv-00258-MO Document 7 Filed 02/12/16 Page 1 of 4
Case 3:16-cv-00258-MO Document 7 Filed 02/12/16 Page 2 of 4
Case 3:16-cv-00258-MO Document 7 Filed 02/12/16 Page 3 of 4
Case 3:16-cv-00258-MO Document 7 Filed 02/12/16 Page 4 of 4
BRYNN BRYANT

,

Appellant,

v.

STATE OF FLORIDA

,

Appellee

. IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 15

- 0 884

___________ __________________/

Opinion filed July 2, 2015.

An appeal from an order of the Circuit Court for Leon County

. Frank Sheffield , Judge

.

Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public

Defender, Tallahassee , for Appellant.

Pamel a Jo Bondi, Attorney General, Tallahassee , for Appellee.

PER CURIAM.

AFFIRMED.

ROWE, SWANSON, and BILBREY, JJ., CONCUR.
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# C_2006161EN.01000301.xml

| 12.7.2006 | EN | Official Journal of the European Union | C 161/3 |
| --------- | -- | -------------------------------------- | ------- |

---

Reorganisation measures

Decision on a reorganisation measure in respect of Faro Compagnia di Assicurazioni e Riassicurazioni s.p.a.

Publication made in accordance with Article 6 of Directive 2001/17/EC of the European Parliament and of the Council of 19 March 2001 on the reorganisation and winding-up of insurance undertakings

(2006/C 161/03)

| Insurance undertaking | Faro Compagnia di Assicurazioni e Riassicurazioni s.p.a. via Fieschi 3/9, I-16121 Genova | Faro Compagnia di Assicurazioni e Riassicurazioni s.p.a. | via Fieschi 3/9, | I-16121 Genova |
| -------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------- | -------------------- | -------------- |
| Faro Compagnia di Assicurazioni e Riassicurazioni s.p.a. | | | | |
| via Fieschi 3/9, | | | | |
| I-16121 Genova | | | | |
| Date, entry into force and nature of the decision | Provvedimento ISVAP n. 2438 del 31 maggio 2006 — Nomina del Commissario per la gestione provvisoria ai sensi dell'art. 230 del d. lgs. 209/2005 | | | |
| Competent authorities | ISVAP Via del Quirinale 21 I-00187 Roma | ISVAP | Via del Quirinale 21 | I-00187 Roma |
| ISVAP | | | | |
| Via del Quirinale 21 | | | | |
| I-00187 Roma | | | | |
| Administrator appointed | prof. Daniele Pace via Fieschi 3/9 I-16121 Genova | prof. Daniele Pace | via Fieschi 3/9 | I-16121 Genova |
| prof. Daniele Pace | | | | |
| via Fieschi 3/9 | | | | |
| I-16121 Genova | | | | |
| Applicable law | art. 230 del d. lgs. 209/2005 | | | |

By ISVAP order/measure No 2438 of 31 May 2006, Prof. Daniele Pace has been appointed within the meaning of Article 230 of the legislative decree of 7 September 2005 No 209 as commissioner for the interim management of ‘Faro Compagnia di Assicurazioni e Riassicurazioni’ with its head office in Genoa, Via Fieschi 3/9 for a maximum period of 2 months from the adoption of this order. Consequently, the powers of the administrative and controlling bodies of the company are suspended.

---
# L_2009291EN.01002601.xml

| 7.11.2009 | EN | Official Journal of the European Union | L 291/26 |
| --- | --- | --- | --- |

7.11.2009

EN

Official Journal of the European Union

L 291/26

---

COUNCIL DECISION

of 27 October 2009

appointing one French member of the Committee of the Regions

(2009/817/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal of the French Government,

Whereas:

| (1) | On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1). |
| --- | --- |

(1)

On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

| (2) | A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Bernard SOULAGE, |
| --- | --- |

(2)

A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Bernard SOULAGE,

HAS DECIDED AS FOLLOWS:

Article 1

The following is hereby reappointed to the Committee of the Regions as a member for the remainder of the current term of office, which runs until 25 January 2010:

Mr Bernard SOULAGE, Vice-président du Conseil régional de Rhône-Alpes.

Article 2

This Decision shall take effect on the day of its adoption.

Done at Luxembourg, 27 October 2009.

For the Council

The President

C. BILDT

---

(1)  
  OJ L 56, 25.2.2006, p. 75.

1

---
# L_2009265DE.01004301.xml

| 9.10.2009 | DE | Amtsblatt der Europäischen Union | L 265/43 |
| --- | --- | --- | --- |

9.10.2009

DE

Amtsblatt der Europäischen Union

L 265/43

---

Berichtigung der Verordnung (EG) Nr. 256/2009 der Kommission vom 23. März 2009 zur Änderung der Anhänge II und III der Verordnung (EG) Nr. 396/2005 des Europäischen Parlaments und des Rates hinsichtlich der Höchstgehalte an Rückständen von Azoxystrobin und Fludioxonil in oder auf bestimmten Erzeugnissen

(
  Amtsblatt der Europäischen Union L 81 vom 27.3.2009
  )

Amtsblatt der Europäischen Union L 81 vom 27.3.2009

Seite 3, Erwägungsgrund 1:

anstatt:

„Für Azoxystrobin wurde im Rahmen einer Neuzulassung seiner Anwendung bei Speiserüben ...“

muss es heißen:

„Für Azoxystrobin wurde im Rahmen einer Neuzulassung seiner Anwendung bei Weißen Rüben ...“

Seite 3, Erwägungsgrund 4:

anstatt:

„... noch bei kurzzeitiger Exposition durch massiven Verzehr von Speiserüben oder Granatäpfeln ...“

muss es heißen:

„... noch bei kurzzeitiger Exposition durch massiven Verzehr von Weißen Rüben oder Granatäpfeln ...“

---