alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Orlando Ramirez, Appellant, v Javed Akhter Khan, Respondent.

[874 NYS2d 257]

— In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Rosengarten, J.), entered September 24, 2007, as denied that branch of his motion which was for leave to renew his opposition to the defendant’s prior motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), which had been granted in an order entered April 24, 2007.

Ordered that the order entered September 24, 2007, is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in denying that branch of the plaintiff’s motion which was for leave to renew his opposition to the defendant’s motion for summary judgment *(see Renna v Gullo,*19 AD3d 472 [2005]). A motion for leave to renew “shall be based upon new facts not offered on the prior motion that would change the prior determination” (CPLR 2221 [e] [2]) and “shall contain reasonable justification for the failure to present such facts on the prior motion” (CPLR 2221 [e] [3]; *see Dinten-Quiros v Brown,*49 AD3d 588 [2008]; *Madison v Tahir,*45 AD3d 744 [2007]). While it may be within the court’s discretion to grant leave to renew upon facts known to the moving party at the time of the original motion *(see J.D. Structures v Waldbaum, 282*AD2d 434 [2001]; *Cronwall Equities v International Links Dev. Corp.,*255 AD2d 354 [1998]), a motion for leave to renew “ ‘is not a second chance freely given to parties who have not exercised due diligence in making their first factual presentation’ ” *(Renna v Gullo,*19 AD3d at 472, quoting *Rubinstein v Goldman, 225*AD2d 328, 329 [1996]; *see also O’Dell v Caswell,*12 AD3d 492 [2004]; *Hart v City of New York, 5*AD3d 438 [2004]; *Carota v Wu,*284 AD2d 614 [2001]). In this case, the plaintiff failed to provide reasonable justification for the failure to include the affirmation of Dr. Robert Scott Schepp on the prior motion *(see*
      *749
      *Renna v Gullo,*19 AD3d at 472). In any event, that affirmation would not have changed the prior determination awarding summary judgment to the defendant *(id.).*Skelos, J.P., Santucci, Angiolillo, Dickerson and Chambers, JJ., concur.
KANSAS CITY = &.
BOARD OF TRADE

December 2, 2005

Sra MAGA GOMRAEAL inne
Ms. Jean A. Webb REQUESTER
Secretary of the Commission

Commodity Futures Trading Commission
Three Lafayette Centre

1155 21st Street, N.W.
Washington, D.C. 20581

Re: Submission pursuant to Commission Regulation Section
40.6 (Subject to FOIA Confidential Treatment Protection)

Dear Ms. Webb:

The Kansas City Board of Trade (“KCBT”) hereby gives notification to the
Commission pursuant to Commission Regulation Section 40.6, that KCBT has approved
a market maker program for its Value Line® Stock Index futures contract. A copy of the
agreement entered into with the market maker is attached and is herein filed subject to a
petition for confidential treatment protection (from requests under the Freedom of
Information Act) filed concurrent with this submission.

KCBT certifies to the Commission that the terms and conditions of the market
maker agreement are in compliance with the Commodity Exchange Act and the
regulations thereunder.

KCBT also hereby gives notice to the Commission that the previous market
maker agreement submitted to the Commission on June 16, 2005 has been terminated
effective December 1, 2005.

Any questions regarding this submission should be directed to the undersigned at 816-
753-7500.

Sincerely,

Jeff C. Borchardt
President

Ce: Rick Shilts - CFTC Washington

Tom Bloom — CFTC Kansas City
Robin Hagedorn — CFTC Kansas City



December 2, 2005

SENT VIA E-MAIL

Mr. Edward W. Colbert

Assistant Secretary of the Commission for FOI,
Privacy & Sunshine Acts Compliance

Commodity Futures Trading Commission

Three Lafayette Centre

1155 21st Street, N.W.

Washington, D.C. 20581

Re: FOIA Confidential Treatment Request
Dear Mr. Colbert:

The Kansas City Board of Trade ("KCBT”) hereby petitions, pursuant to the
Freedom of information Act, 5 U.S.C. 552 (Commission Regulation Section 145.9), that
the attached market maker agreement approved by KCBT for its Value Line® Stock
Index futures contract be retained and treated as “confidential” information and protected
from requests to review such information pursuant to the Freedom of Information Act
(‘FOIA’). KCBT further requests that the information subject to this confidential
treatment request remain confidential until such time as KCBT notifies the Commission
in waiting of its intent to no longer have the confidentiality of such information protected
pursuant to the above FOIA regulations.

The basis for this petition for confidential treatment is Commission Regulation
Section 145.9(d)(1)(ii). Disclosure of such information provided by KCBT would reveal
financial, operational and procedural information considered trade secrets and
confidential commercial and financial information.

In the event a FOIA request for such information is filed, please contact me at
816-753-7500.

Ce: Rick Shilts - CFTC Washington
Tom Bloom — CFTC Kansas City
Robin Hagedom — CFTC Kansas City
### Supreme Court ofthe United States Office ofthe Clerk 

### Washington, DC 20543-0001
December 1, 2015 Scott S. Harris Clerk ofthe Court (202) 479-3011
Clerk Court ofCriminal Appeals ofTexas P.O. Box 12308 Capitol Station Austin, TX 78711 RECEIVED IN 

### COURT OF CRIMINALAPPEALS 

### DEC 08 2015 Re: Donald Jay Pruitt v. Texas No. 15-7179 (Your No. WR-55, 2403-03) 

### AbelAcosta, Clerk
Dear Clerk: The petition for a writ ofcertiorari in the above entitled case was filed on September 8, 2015 and placed on the docket December 1, 2015 as No. 15-7179.
Sincerely, Scott S. Harris, Clerk by Redmond K. Barnes Case Analyst
<PAGE>

                                                                Exhibit 3.2.3


                             THIRD AMENDMENT OF THE

                         AMENDED AND RESTATED BYLAWS OF

                                  WESTAFF, INC.

     Pursuant to a resolution of the Board of Directors of the Corporation,
the Amended and Restated Bylaws of the Corporation are further amended as
follows:

          RESOLVED: That effective March 30, 1999, Article 3, Section 3.3 of the
          Amended And Restated Bylaws of the Corporation be amended as follows:

                    "3.3 QUALIFICATION. The Chairman must be an officer of the
                    Corporation. The Vice Chairman need not be an officer of the
                    Corporation. The Chief Executive Officer need not be a
                    director. No officer need be a shareholder. Any two or more
                    offices may be held by the same person."

                                            WESTAFF, INC.

                                            By: /s/ Robin A. Herman
                                                -------------------
                                                Robin A. Herman, Secretary
----

STELLAR INTERNATIONAL INC.

NOTICE OF ANNUAL AND SPECIAL MEETING OF SHAREHOLDERS

    NOTICE IS HEREBY GIVEN that the annual andspecial meeting (the "Meeting") of the shareholders of **STELLAR INTERNATIONALINC.** (the "Corporation") will be held at the offices of Fogler, Rubinoff LLP,Suite 4400, Royal Trust Tower, Toronto-Dominion Centre, Toronto, Ontario, onThursday, the 29th day of April, 2004 at the hour of 4:00 p.m. (Toronto time)for the following purposes: 

- TO RECEIVE  the financial statements of the Corporation for the year  ended December 31, 2003, together with the report of the auditors thereon;    
- TO ELECT  directors for the ensuing year;    
- TO APPOINT  auditors of the Corporation for the ensuing year and  authorize the directors to fix their remuneration;    
-  **TO CONSIDER** and, if thought appropriate, to pass an  ordinary resolution approving an amendment to the Corporation's stock option  plan to increase the number of common shares set aside for issuance, as more  particularly set out in the management information circular accompanying this  notice;  **TO CONSIDER** and, if thought appropriate, to pass an  ordinary resolution ratifying the granting of a total of 140,000 options to  five directors of the Corporation, as more particularly set out in the  management information circular accompanying this notice;  TO CONSIDER
 and, if thought appropriate, pass a resolution, with or  without variation, confirming an amendment to section 19 of By-Law No. 1; and  
 
TO TRANSACT
 such other business as may properly come before the  Meeting. 

    A shareholder wishing to be represented byproxy at the Meeting or any adjournment thereof must have deposited his dulyexecuted form of proxy not later than 4:00 p.m. (Toronto time) on Tuesday, April27, 2004 or, if the Meeting is adjourned, not later than 48 hours, excludingSaturdays, Sundays and holidays, preceding the time of such adjourned Meeting,at the offices of Equity Transfer Services Inc., Richmond Adelaide Centre, 120Adelaide Street West, Suite 420, Toronto, Ontario M5H 4C3. 

    A form of proxy solicited by management inrespect of the Meeting is enclosed herewith. Shareholders who are unable to bepersonally present at the Meeting are requested to date, sign and return in theenvelope provided for that purpose the enclosed form of proxy for use at theMeeting. 

    DATED at Toronto, this 2nd day of April, 2004.
**BY ORDER OF THE BOARD

*"Peter Riehl"***PETER RIEHL      President and Chief Executive Officer****
# C_2010296EN.01002401.xml

| 30.10.2010 | EN | Official Journal of the European Union | C 296/24 |
| --- | --- | --- | --- |

30.10.2010

EN

Official Journal of the European Union

C 296/24

---

Information communicated by member states regarding closure of fisheries

2010/C 296/12

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

1

| Date and time of closure | 1 September 2010 |
| --- | --- |
| Duration | 1 September 2010-31 December 2010 |
| Member State | Belgium |
| Stock or Group of stocks | SOL/8AB. |
| Species | Common sole (Solea solea) |
| Zone | VIIIa and VIIIb |
| Type(s) of fishing vessels | — |
| Reference number | 533502-575329 |

Date and time of closure

1 September 2010

Duration

1 September 2010-31 December 2010

Member State

Belgium

Stock or Group of stocks

SOL/8AB.

Species

Common sole (Solea solea)

Solea solea

Zone

VIIIa and VIIIb

Type(s) of fishing vessels

—

Reference number

533502-575329

Web link to the decision of the Member State:

http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm

---

(1)  OJ L 343, 22.12.2009, p. 1.

1

---
# C_2010335EN.01000301.xml

| 11.12.2010 | EN | Official Journal of the European Union | C 335/3 |
| --- | --- | --- | --- |

11.12.2010

EN

Official Journal of the European Union

C 335/3

---

Information communicated by Member States regarding closure of fisheries

2010/C 335/03

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

1

| Date and time of closure | 18.6.2010 |
| --- | --- |
| Duration | 18.6.2010-31.12.2010 |
| Member State | France |
| Stock or Group of stocks | COD/5B6A-C |
| Species | Cod (Gadus morhua) |
| Zone | VIa; EU and international waters of Vb east of 12° 00′ W |
| Type(s) of fishing vessels | — |
| Reference number | — |

Date and time of closure

18.6.2010

Duration

18.6.2010-31.12.2010

Member State

France

Stock or Group of stocks

COD/5B6A-C

Species

Cod (Gadus morhua)

Gadus morhua

Zone

VIa; EU and international waters of Vb east of 12° 00′ W

Type(s) of fishing vessels

—

Reference number

—

Web link to the decision of the Member State:

http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm

---

(1)  OJ L 343, 22.12.2009, p. 1.

1

---
Exhibit 15.1



Consent of Independent Registered Public Accounting Firm



We consent to the incorporation by reference in the following Registration Statements:



| | (1) | Registration Statement (Form S-8 No. 333-146218) of Advantest Corporation,
| | --- | --------------------------------------------------------------------------



| | (2) | Registration Statement (Form S-8 No. 333-141394) of Advantest Corporation,
| | --- | --------------------------------------------------------------------------



| | (3) | Registration Statement (Form S-8 No. 333-132374) of Advantest Corporation,
| | --- | --------------------------------------------------------------------------



| | (4) | Registration Statement (Form S-8 No. 333-123671) of Advantest Corporation, and
| | --- | ------------------------------------------------------------------------------



| | (5) | Registration Statement (Form S-8 No. 333-97107) of Advantest Corporation;
| | --- | -------------------------------------------------------------------------



of our report dated June 16, 2008, with respect to the consolidated financial statements of Advantest Corporation, and our report dated June 16, 2008, with
respect to the effectiveness of internal control over financial reporting of Advantest Corporation, included in the Annual Report (Form 20-F) of Advantest Corporation for the year ended March 31, 2008.



/s/ Ernst & Young ShinNihon

Tokyo, Japan

June 20, 2008
#### RAINTREE HOMEOWNERS ASSOC’N v. RAINTREE COUNTRY CLUB

No. 395P98

Case below: 130 N.C.App. 757

Petition by defendant (Raintree Country Club) for writ of supersedeas denied 30 December 1998. Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 30 December 1998. Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 dismissed as moot 30 December 1998. Motion to strike defendant-appellant’s reply denied 30 December 1998. Motion by plaintiff (Raintree Homeowners) to dismiss petition denied 30 December 1998.
[Federal Register Volume 66, Number 11 (Wednesday, January 17, 2001)]
[Notices]
[Pages 3984-3985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1385]


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

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[Docket 2-2001]


Foreign-Trade Zone 29--Louisville, KY; Application for Subzone 
ISP Chemicals Inc. (Chemical Plant) Calvert City, KY

    An application has been submitted to the Foreign-Trade Zones Board 
(the Board) by the Louisville & Jefferson County Riverport Authority, 
grantee of FTZ 29, requesting special-purpose subzone status for the 
chemical plant facilities of ISP Chemicals Inc., located in Calvert 
City, Kentucky. The application was submitted pursuant to the 
provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-
81u), and the regulations of the Board (15 CFR part 400). It was 
formally filed on January 9, 2001.
    The facility is located on Highway 95, Calvert City, Kentucky. The 
application is requesting the use of zone procedures only for the 
portion of the facility that processes butanediol (B1D) into 
butyrolactone (BLO). This portion of the facility (4 acres, 525 
employees) has the capacity to produce 210,000 pounds per day of BLO 
(HTS 2932.29.50 and 3824.90.47; duty rate 3.7%). Some 60 percent of the 
B1D is sourced from

[[Page 3985]]

abroad (HTS 2905.39.10; duty rate 7.9%).
    FTZ procedures would exempt ISP from Customs duty payments on the 
foreign components used in export production. Some 35 percent of the 
BLO produced from the imported B1D in 1999 was exported. On its 
domestic sales, ISP would be able to choose the duty rates during 
Customs entry procedures that apply to BLO (3.7%) for the foreign input 
noted above. The request indicates that the savings from FTZ procedures 
would help improve the plant's international competitiveness.
    In accordance with the Board's regulations, a member of the FTZ 
Staff has been designated examiner to investigate the application and 
report to the Board.
    Public comment is invited from interested parties. Submissions 
(original and 3 copies) shall be addressed to the Board's Executive 
Secretary at the address below. The closing period for their receipt is 
March 19, 2001. Rebuttal comments in response to material submitted 
during the foregoing period may be submitted during the subsequent 15-
day period to April 3, 2001.
    A copy of the application and the accompanying exhibits will be 
available for public inspection at each of the following locations:

U.S. Department of Commerce, Export Assistance Center, 601 West 
Broadway, Room, 634B, Louisville, KY 40202

Office of the Executive Secretary, Foreign-Trade Zones Board, Room 
4008, U.S. Department of Commerce, 14th and Pennsylvania Avenue, NW., 
Washington, DC 20230

    Dated: January 10, 2001.
Dennis Puccinelli,
Executive Secretary.
[FR Doc. 01-1385 Filed 1-16-01; 8:45 am]
BILLING CODE 3510-DS-P
UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549



---

FORM 8-K

---



CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Act of 1934



Date of Report (Date of earliest event reported):  April 10, 2007



---

THE VALSPAR CORPORATION

(Exact name of registrant as specified in its charter)



|Delaware                                      | 1-3011                  | 36-2443580                         
|--------------------------------------------- | ----------------------- | -----------------------------------
|(State or other jurisdictionof incorporation) | (CommissionFile Number) | (I.R.S. EmployerIdentification No.)



|1101 Third Street South, Minneapolis, Minnesota | 55415     
|----------------------------------------------- | ----------
|(Address of principal executive offices)        | (Zip Code)





Registrants telephone number, including area code:(612) 332-7371



Not Applicable

(Former name or former address, if changed since last report)



---

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (seeGeneral Instruction A.2. below):



oWritten communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)



oSoliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)



oPre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))



oPre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))







---

Item 8.01.    Other Events.



On April 10, 2007, the Company issued a press release announcing its entry into an accelerated share repurchase agreement with Goldman, Sachs & Co. for the repurchase of two million shares of Valspar common stock. A copy of the press release is attached as Exhibit 99.1 to this Form 8-K.



Item 9.01.    Financial Statements and Exhibits.



(d)
        Exhibits




99.1
        Press Release dated April 10, 2007




SIGNATURE



Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.





THE VALSPAR CORPORATIONDated:  April 10, 2007
        /s/ Rolf EnghName:
        Rolf EnghTitle:
        Secretary






---
Exhibit
      32.2


**CERTIFICATION
      PURSUANT TO**


**18
      UNITED STATES CODE SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


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





I,
      Jackie
      You Kazmerzak, Chief Financial Officer of Diguang International Development
      Co.,
      Ltd., certify that (i) Online Processing Inc.’s Form 10-KSB/A for the year ended
      December 31, 2005 fully complies with the requirements of Section 13(a) or
      15(d)
      of the Securities Exchange Act of 1934 and (ii) the information contained in
      the
      Form 10-KSB/A for the year ended December 31, 2005 fairly presents, in all
      material respects, the financial condition and the results of operations of
      Online Processing, Inc..






/s/
              Jackie You KazmerzakJackie
              You KazmerzakChief
              Financial OfficerSeptember
              26, 2006





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Diguang International Development Co., Ltd. and will be retained by it and
      furnished to the Securities and Exchange Commission or its staff upon
      request.
Exhibit
      32.1





Certification*




In
      connection with the Quarterly Report of Lynn Two, Inc., (the “Company”), on Form
      10-QSB for the period ended June 30, 2008 as filed with the Securities and
      Exchange Commission on the date hereof (the “Report”) pursuant to the
      requirement set forth in Rule 13a-14(b) of the Securities Exchange Act of
      1934, as amended (the “Exchange Act”), and Section 1350 of Chapter 63
      of Title 18 of the United States Code (18 U.S.C.§ 1350), Hilary Davis, the
      President and the principal executive officer and principal financial officer
      of
      the Company, hereby certifies that, to the best of my knowledge:




1. The
      Report fully complies with the requirements of Section 13(a) or
      Section 15(d) of the Exchange Act, and




2. The
      information contained in the Report fairly presents, in all material respects,
      the financial condition and results of operations of the Company for the period
      covered by the Periodic Report.




Date: August
              12, 2008
            By:
            /s/ Hilary
              DavisHilary
              DavisPresident
              (Principal Executive Officer and Principal Financial
              Officer)






*  This
      certification accompanies the Report to which it relates, is not deemed filed
      with the Securities and Exchange Commission and is not to be incorporated by
      reference into any filing of Lynn Two, Inc. under the Securities Act of 1933,
      as
      amended, or the Securities Exchange Act of 1934, as amended (whether made before
      or after the date of the Report), irrespective of any general incorporation
      language contained in such filing.
Exhibit 32
                                                      Section 1350 Certification

                         STATEMENT FURNISHED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     The undersigned are the Chief Executive Officer or Principal Executive
Officer and the Chief Financial Officer Principal Accounting Officer of Cirmaker
Technology Corporation. This Certification is made pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002. This Certification accompanies the Annual Report
on Form 10-KSB of Cirmaker Technology Corporation for the year ended December
31, 2004.

     The undersigned certifies that such 10-KSB Report fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and that the information contained in such 10-KSB Report fairly presents, in all
material respects, the financial condition and results of operations of Cirmaker
Technology Corporation as of December 31, 2004.

This Certification is executed as of April 15, 2005.



By:    /s/ Bill Liao
-----------------------------------------
Name:  Bill Liao
Title: Chief Executive Officer
(Principal Executive Officer)



By:    /s/ Hong Juin Chang
-----------------------------------------
Name:  Hong Juin Chang
Title: Chief Financial Officer
(Principal Financial and Accounting Officer)






A signed original of this written statement required by Section 906 has been
provided to Cirmaker Technology Corporation and will be retained by Cirmaker and
furnished to the Securities and Exchange Commission or its staff upon request.