alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2011080EN.01000902.xml

| 12.3.2011 | EN | Official Journal of the European Union | C 80/9 |
| --- | --- | --- | --- |

12.3.2011

EN

Official Journal of the European Union

C 80/9

---

Judgment of the Court (Sixth Chamber) of 22 October 2010 — Longevity Health Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Merck KGaA

(Case C-84/10 P) (1)

1

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Word sign ‘Kids Vits’ - Opposition by the proprietor of the Community word mark VITS4KIDS - Level of attention of the relevant public - Likelihood of confusion - Similarity of the signs - Right to be heard)

2011/C 80/16

Language of the case: German

Parties

Parties

Appellant: Longevity Health Products, Inc. (represented by: J. E. Korab, Rechtsanwalt)

Appellant:

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent), Merck KGaA

Other parties to the proceedings:

Re:

Re:

Appeal brought against the judgment of the General Court (Eighth Chamber) of 9 December 2009 in Case T-484/08 Longevity Health Products v OHIM — Merck (Kids Vits) in which the General Court dismissed the action against the decision of the Fourth Board of Appeal of OHIM of 28 August 2008, refusing the registration of the word sign ‘Kids Vits’ as a Community trade mark for certain goods in Class 5, by upholding the opposition by the proprietor of the earlier Community word mark ‘VITS4KIDS’ — Infringement of the right to a judicial hearing — Breach of Article 8(1)(b) of Regulation (EC) No 40/94 — Likelihood of confusion between two marks

Longevity Health Products

OHIM — Merck (Kids Vits)

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders Longevity Health Products, Inc. to pay the costs. |
| --- | --- |

2.

Orders Longevity Health Products, Inc. to pay the costs.

---

(1)  OJ C 100, 17.04.2010.

1

---
# L_2006175EN.01010001.xml

| 29.6.2006 | EN | Official Journal of the European Union | L 175/100 |
| --- | --- | --- | --- |

29.6.2006

EN

Official Journal of the European Union

L 175/100

---

DECISION OF THE EEA JOINT COMMITTEE

No 50/2006

of 28 April 2006

amending Annex XX (Environment) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:

| (1) | Annex XX to the Agreement was amended by Decision of the EEA Joint Committee No 36/2006 of 10 March 2006 (1). |
| --- | --- |

(1)

Annex XX to the Agreement was amended by Decision of the EEA Joint Committee No 36/2006 of 10 March 2006 (1).

| (2) | Council Decision 2005/673/EC of 20 September 2005 amending Annex II of Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles (2) is to be incorporated into the Agreement, |
| --- | --- |

(2)

Council Decision 2005/673/EC of 20 September 2005 amending Annex II of Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles (2) is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following indent shall be added in point 32e (Directive 2000/53/EC of the European Parliament and of the Council) of Annex XX to the Agreement:

| ‘— | 32005 D 0673: Council Decision 2005/673/EC of 20 September 2005 (OJ L 254, 30.9.2005, p. 69).’ |
| --- | --- |

‘—

32005 D 0673: Council Decision 2005/673/EC of 20 September 2005 (OJ L 254, 30.9.2005, p. 69).’

Article 2

The texts of Decision 2005/673/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 29 April 2006, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 28 April 2006.

For the EEA Joint Committee

The President

R. WRIGHT

---

(1)  
  OJ L 147, 1.6.2006, p. 55.

1

(2)  
  OJ L 254, 30.9.2005, p. 69.

2

(*1)  No constitutional requirements indicated.

*1

---
Release:#4005-97 (CFTC Docket 97-7)

For Release:March 19, 1997

CFTC FILES COMPLAINT CHARGING EUGENE LYON JEWETT, II, OF

LOS ANGELES WITH VIOLATING FEDERAL COMMODITY LAW

Jewett Allegedly Illegally Accepted Some $32,000 from at Least Four
    Customers to Trade Commodity Futures and Options Contracts

WASHINGTON -- The Commodity Futures Trading Commission (CFTC) today
    announced the filing of a three-count administrative complaint against Eugene Lyon Jewett, II, of Los Angeles, California. Jewett has never
    been registered with the CFTC in any capacity. He was employed as a clerk
    for a floor broker in the Eurodollar options pit at the Chicago Mercantile
    Exchange from March to November 1994.

The CFTC complaint alleges that Jewett violated the Commodity Exchange
    Act (CEA) and CFTC regulations by acting as a futures commission merchant
    (FCM) without being registered as such with the CFTC, and when he solicited
    and accepted at least $32,000 from at least four customers to open accounts
    and trade commodity futures and options on behalf of those customers.

The complaint also charges Jewett with commingling customer money with
    his own, failing to segregate customer money, and failing to furnish
    customers with a written risk disclosure statement, as well as monthly
    statements and confirmation statements, as required by Federal commodity
    law and CFTC regulations.

A public hearing is to be held to determine whether the allegations
    against Jewett are true and to determine what sanctions should be imposed.
    Possible CFTC sanctions include: a cease and desist order prohibiting
    Jewett from violating provisions of the CEA and CFTC regulations; a
    personal trading prohibition; restitution to customers; and, civil
    penalties of not more than the higher of $110,000 or triple the monetary
    gain to Jewett for each violation of the CEA and CFTC regulations.

# # #
In Re Kelly Scott THOMAS-BEY, petitioner.

No. 16-8587.

Supreme Court of the United States

July 17, 2017.

Petition for rehearing denied.
Miguel ABREAU-PENA, petitioner, v. UNITED STATES.

No. 17-5950.

Supreme Court of the United States

Oct. 10, 2017.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<EXCHANGE-RATE>                                      1
<CASH>                                             503
<SECURITIES>                                         0
<RECEIVABLES>                                    7,629
<ALLOWANCES>                                     1,089
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                          62,509
<DEPRECIATION>                                  21,181
<TOTAL-ASSETS>                                  48,371
<CURRENT-LIABILITIES>                            1,698
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      46,673
<TOTAL-LIABILITY-AND-EQUITY>                    48,371
<SALES>                                              0
<TOTAL-REVENUES>                                 8,637
<CGS>                                                0
<TOTAL-COSTS>                                    5,727
<OTHER-EXPENSES>                                 (328)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  3,438
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,438
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
# L_2007328EN.01005001.xml

| 13.12.2007 | EN | Official Journal of the European Union | L 328/50 |
| --- | --- | --- | --- |

13.12.2007

EN

Official Journal of the European Union

L 328/50

---

Corrigendum to the Decision of the EEA Joint Committee No 50/2007 of 8 June 2007 amending Annex IX (Financial services) to the EEA Agreement

(
  Official Journal of the European Union L 266 of 11 October 2007
  )

On page 8, in the first recital of Decision of the EEA Joint Committee No 50/2007, the text of the footnote 1 shall become: ‘
  OJ L 209, 9.8.2007, p. 38.’

---
**Exhibit
      32.1**





**CERTIFICATION
      OF PRINCIPAL EXECUTIVE OFFICER**


**PURSUANT
      TO**


**18
      U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


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





I,
      Nigel
      P. Ekern, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
      to
      Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of Net
      Perceptions, Inc. on Form 10-K 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 that information contained in such Annual Report on
      Form 10-K fairly presents in all material respects the financial condition
      and
      results of operations of Net Perceptions, Inc.





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





Date:
                    March 31,
                    2006
                  
                  By:
                  */s/
                    Nigel P.
                    Ekern*Name:
                  Nigel
                    P. EkernTitle:
                  Chief
                      Administrative Officer
# L_2010332EN.01006001.xml

| 16.12.2010 | EN | Official Journal of the European Union | L 332/60 |
| --- | --- | --- | --- |

16.12.2010

EN

Official Journal of the European Union

L 332/60

---

DECISION OF THE EEA JOINT COMMITTEE

No 110/2010

of 1 October 2010

amending Annex XXI (Statistics) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:

| (1) | Annex XXI to the Agreement was amended by Decision of the EEA Joint Committee No 36/2010 of 12 March 2010 (1). |
| --- | --- |

(1)

Annex XXI to the Agreement was amended by Decision of the EEA Joint Committee No 36/2010 of 12 March 2010 (1).

| (2) | Commission Regulation (EU) No 275/2010 of 30 March 2010 implementing Regulation (EC) No 295/2008 of the European Parliament and of the Council, as regards the criteria for the evaluation of the quality of structural business statistics (2) is to be incorporated into the Agreement, |
| --- | --- |

(2)

Commission Regulation (EU) No 275/2010 of 30 March 2010 implementing Regulation (EC) No 295/2008 of the European Parliament and of the Council, as regards the criteria for the evaluation of the quality of structural business statistics (2) is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following point shall be inserted after point 1l (Commission Regulation (EC) No 251/2009) of Annex XXI to the Agreement:

| ‘1m. | 32010 R 0275: Commission Regulation (EU) No 275/2010 of 30 March 2010 implementing Regulation (EC) No 295/2008 of the European Parliament and of the Council, as regards the criteria for the evaluation of the quality of structural business statistics (OJ L 86, 1.4.2010, p. 1).’ |
| --- | --- |

‘1m.

32010 R 0275: Commission Regulation (EU) No 275/2010 of 30 March 2010 implementing Regulation (EC) No 295/2008 of the European Parliament and of the Council, as regards the criteria for the evaluation of the quality of structural business statistics (OJ L 86, 1.4.2010, p. 1).’

Article 2

The text of Regulation (EU) No 275/2010 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 1 November 2010, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 1 October 2010.

For the EEA Joint Committee

The President

Stefán Haukur JÓHANNESSON

---

(1)  
  OJ L 143, 10.6.2010, p. 31.

1

(2)  
  OJ L 86, 1.4.2010, p. 1.

2

(*1)  No constitutional requirements indicated.

*1

---
Debbie ROHN, et vir, petitioners, v. VIACOM INTERNATIONAL, INC., et al.

No. 17-1460.

Supreme Court of the United States

June 4, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
# L_2011171EN.01001901.xml

| 30.6.2011 | EN | Official Journal of the European Union | L 171/19 |
| --- | --- | --- | --- |

30.6.2011

EN

Official Journal of the European Union

L 171/19

---

DECISION OF THE EEA JOINT COMMITTEE

No 21/2011

of 1 April 2011

amending Annex XXI (Statistics) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:

| (1) | Annex XXI to the Agreement was amended by Decision of the EEA Joint Committee No 112/2010 of 1 October 2010 (1). |
| --- | --- |

(1)

Annex XXI to the Agreement was amended by Decision of the EEA Joint Committee No 112/2010 of 1 October 2010 (1).

| (2) | Commission Regulation (EU) No 317/2010 of 16 April 2010 adopting the specifications of the 2011 ad hoc module on employment of disabled people for the labour force sample survey provided for by Council Regulation (EC) No 577/98 (2) is to be incorporated into the Agreement, |
| --- | --- |

(2)

Commission Regulation (EU) No 317/2010 of 16 April 2010 adopting the specifications of the 2011 ad hoc module on employment of disabled people for the labour force sample survey provided for by Council Regulation (EC) No 577/98 (2) is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following point shall be inserted after point 18aq (Commission Regulation (EU) No 351/2010) of Annex XXI to the Agreement:

| ‘18ar. | 32010 R 0317: Commission Regulation (EU) No 317/2010 of 16 April 2010 adopting the specifications of the 2011 ad hoc module on employment of disabled people for the labour force sample survey provided for by Council Regulation (EC) No 577/98 (OJ L 97, 17.4.2010, p. 3).’. |
| --- | --- |

‘18ar.

32010 R 0317: Commission Regulation (EU) No 317/2010 of 16 April 2010 adopting the specifications of the 2011 ad hoc module on employment of disabled people for the labour force sample survey provided for by Council Regulation (EC) No 577/98 (OJ L 97, 17.4.2010, p. 3).’.

Article 2

The text of Regulation (EU) No 317/2010 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 2 April 2011, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 1 April 2011.

For the EEA Joint Committee

The Acting President

Gianluca GRIPPA

---

(1)  
  OJ L 332, 16.12.2010, p. 62.

1

(2)  
  OJ L 97, 17.4.2010, p. 3.

2

(*1)  No constitutional requirements indicated.

*1

---
James Delarosa BORDEN, petitioner, v. UNITED STATES.

No. 17-8549.

Supreme Court of the United States

May 21, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

      ( print page 6639)    
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Cancer Institute Initial Review Group, Subcommittee G—Education.                    

*Date:*                         February 20-22, 2001.                    

*Time:*                         9:00 AM to 12:00PM.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Georgetown Holiday Inn, 2101 Wisconsin Avenue, NW, Washington, DC 20007.                    

*Contact Person:*                         Harvey P. Stein, Scientific Review Administrator, Grants Review Branch, Division of Extramural Activities, National Cancer Institute, National Institutes of Health, 6116 Executive Boulevard, Room 8137, Bethesda, MD 20892, (301) 496-7841.                    

(Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS)

Dated: January 12, 2001.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 01-1630  Filed 1-19-01; 8:45 am]

BILLING CODE 4140-01-M
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21
- 6134

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. MICHAEL JOHN MAISEY , Defendant

- Appellant

.

Appeal from the United States District Court for the Northern District of West Virginia , at Wheeling

. John Preston Bailey, District Judge. ( 5:19

- cr - 00003

- JPB

- JPM

- 1 )

Submitted : September 13, 2021 Decided: September 30, 2021

Before WYNN, DIAZ, and RICHARDSON , Circuit Judges.

Affirmed by un published per curiam opinion

. Michael John Maisey , Appellant Pro Se. Shawn Michael Adkins, Assistant U nited S tates Attorney , OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM : Michael John Maisey appeals the district court’s order s denying his motions for reconsideration of the court’s order denying his second motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A), as amended by the First Step Act of 2018, Pub. L. No.
115

- 391, § 603(b)(1), 132 Stat. 5194, 5239

. “[T]he Federal Rules of Criminal Procedure do not specifically provide for motions for reconsideration and prescribe the time in which they must be filed.” Nilson Van & Storage Co. v. Marsh , 755 F.2d 362, 364 (4th Cir. 1985). The Supreme Court, however, has held that a motion for reconsideration extends the time for filing a notice of appeal in a criminal case if the motion is fil ed before the order sought to be reconsidered becomes final. See United States v. Ibarra , 502 U.S. 1, 4 n.2 (1991) (per curiam) (holding that would

- be appellant who files timely motion for reconsideration from criminal judgment is entitled to full time pe riod for noticing appeal after motion for reconsideration has been decided). By extension, a motion for reconsideration in a criminal case is untimely when it is filed outside the appeal period for the underlying order or judgment. Here, t he 14

- day app eal period for the order denying Maisey’s second motion for compassionate release expired on October 15, 2020

. See Fed. R. App. P. 4(b)(1)(A)(i). Maisey filed his first motion for reconsideration on November 9, 2020, and his second motion for reconsidera tion on January 12, 2021 , both outside the appeal period for the3 underlying order. * We therefore affirm the district court’s orders denying Maisey’s motions for reconsideration on the ground that the motions were untimely. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED

* For the purpose of this appeal, we assume that the date appearing on the motions for reconsideration are the earliest dates they could have been properly delivered to prison officials for mailing to the court. See Houston v. Lack , 487 U.S. 266, 276 (1988 ) (establishing prison mailbox rule).
George BERARDI, petitioner, v. Daniel PARAMO, Warden.

No. 17-8096.

Supreme Court of the United States

May 14, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
Althea Marie HUGHES, petitioner, v. BANK OF AMERICA.

No. 17-8358.

Supreme Court of the United States

June 4, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.