alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION 

ASUS TECHNOLOGY LICENSING INC. 

and CELERITY IP, LLC, 

 Plaintiffs, 

 v. 

SAMSUNG ELECTRONICS CO., LTD., 

SAMSUNG ELECTRONICS AMERICA, 

INC., and SAMSUNG RESEARCH 

AMERICA, 

 Defendants. 

Civil No. 2:23-cv-00409-JRG-RSP 

JURY TRIAL DEMANDED 

SAMSUNG ELECTRONICS CO., LTD., 

SAMSUNG ELECTRONICS AMERICA, 

INC., and SAMSUNG RESEARCH 

AMERICA, 

 Counterclaim-Plaintiffs, 

 v. 

ASUS TECHNOLOGY LICENSING INC. 

and CELERITY IP, LLC, 

 Counterclaim-Defendants. 

NOTICE OF APPEARANCE 

Notice is hereby given that Matthew L. Vitale of Winstead PC, 2728 N. Harwood Street, 

Suite 500, Dallas, Texas 75201 enters his appearance as counsel of record for Plaintiffs ASUS 

Technology Licensing Inc. and Celerity IP, LLC in the above-numbered and styled cause for 

purposes of receiving notices and orders from the Court. 

Case 2:23-cv-00409-JRG-RSP Document 36 Filed 03/22/24 Page 1 of 3 PageID #: 536
2 

Dated: March 22, 2024 Respectfully submitted, 

/s/ Matthew L. Vitale 

 Jamie H. McDole 

 State Bar No. 24082049 

Phillip B. Philbin 

 State Bar No. 15909020 

Michael D. Karson 

 State Bar No. 24090198 

Miranda Y. Jones 

 State Bar No. 24065519 

Grant Tucker 

 State Bar No. 24121422 

Matthew L. Vitale 

 State Bar No. 24137699 

WINSTEAD PC 

2728 N. Harwood Street 

Suite 500 

Dallas, Texas 75201 

Tel.: 214.745.5400 

Fax: 214.745.5390 

Email: jmcdole@winstead.com

pphilbin@winstead.com

mkarson@winstead.com

mjones@winstead.com

gtucker@winstead.com 

mvitale@winstead.com 

 

Attorneys for ASUS Technology Licensing 

Inc. and Celerity IP, LLC

 

Case 2:23-cv-00409-JRG-RSP Document 36 Filed 03/22/24 Page 2 of 3 PageID #: 537
3 

CERTIFICATE OF SERVICE 

I hereby certify that, on March 22, 2024, I electronically submitted the foregoing 

document with the clerk of the United States District Court for the Eastern District of Texas, 

using the electronic case management CM/ECF system of the Court which will send notification 

of such filing to all counsel of record who are deemed to have consented to electronic service. 

/s/ Matthew L. Vitale 

 Matthew L. Vitale 

Case 2:23-cv-00409-JRG-RSP Document 36 Filed 03/22/24 Page 3 of 3 PageID #: 538
Exhibit 32.2




CFO CERTIFICATION




Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.Sec. 1350, as adopted), Thomas P. Cawley, Chief Financial Officer of Peet’s Coffee & Tea, Inc. (the “Company”) hereby certifies that, to the best of his knowledge:




1. The Company’s annual report on Form 10-K for the period ended January 2, 2011, to which this Certification is attached as Exhibit 32.2 (the “Annual Report”) fully complies with the requirements of section 13(a) or section 15(d) of the Securities Exchange Act of 1934, as amended, and




2. The information contained in the Annual Report fairly presents, in all material respects, the financial condition and results of operations of the Company.




IN WITNESS WHEREOF, the undersigned has set his hand hereto as of the 17th day of March, 2011.


/s/ Thomas P. CawleyThomas P. CawleyChief Financial Officer




This certification accompanies the Form 10-K 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 Peet’s Coffee & Tea, 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 Form 10-K), irrespective of any general incorporation language contained in such filing.
ORDER DENYING PLAINTIFF’S MOTION ALLEGING FRAUDULENT CONVEYANCE 

AND DEMAND FOR IMMEDIATE ACTION SOLO PAGE

HB: 4878-2425-8773.1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

SHERMAN DIVISION 

NELSON WILLIS, 

 Plaintiff, 

vs. 

ADAM M. ARON, 

Defendant.

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§

Case No.: 4:23-CV-732-ALM-KPJ 

ORDER DENYING PLAINTIFF’S MOTION ALLEGING FRAUDULENT 

CONVEYANCE AND DEMAND FOR IMMEDIATE ACTION 

Pending before the Court is Plaintiff Nelson Willis’ Motion Alleging Fraudulent 

Conveyance and Demand for Immediate Action (the “Motion”), filed on July 23, 2024 [Dkt. 78]. 

Having considered the Motion, Defendant Adam M. Aron’s Response, and the applicable law, 

the Court finds the Motion is not well taken and should be DENIED. 

Case 4:23-cv-00732-ALM-KPJ Document 85-1 Filed 08/06/24 Page 1 of 1 PageID #: 1346
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

SYMBOLOGY INNOVATIONS, LLC,

Plaintiff,

v. 

VALVE CORPORATION, GEARBOX 

SOFTWARE, L.L.C.,

Defendants.

§

§

§

§

§

§

§

§

§

§

§

CIVIL ACTION NO. 2:23-CV-00419-JRG

ORDER

Before the Court is the Joint Stipulated Motion for Extension of Time to File a Responsive 

Pleading (the “Joint Motion”) filed by Plaintiff Symbology Innovations, LLC (“Plaintiff”) and 

Defendant Gearbox Software L.L.C. (“Gearbox”) (collectively, the “Parties”). (Dkt. No. 18). In 

the Joint Motion, the Parties request that the Court grant Gearbox a thirty (30) day extension of 

time to respond to the Complaint (Dkt. No. 1), up to and including January 2, 2024. (Dkt. No. 18 

at 1). The Parties represent that “good cause for the extension exists to allow the Parties the 

opportunity to explore a potential resolution” and that “the proposed extension is not sought for 

the purpose of delay.” (Id.).

Having considered the Joint Motion, the Court finds that it should be and hereby is 

GRANTED. Accordingly, the Court ORDERS that the deadline for Gearbox to respond to the 

Complaint is extended up to and including January 2, 2024.

So Ordered this

Dec 4, 2023

Case 2:23-cv-00419-JRG Document 21 Filed 12/05/23 Page 1 of 1 PageID #: 178
```
 
 
MSCI EAFE MINI INDEX - NYSE LIFFE                                    Code-244041
FUTURES ONLY POSITIONS AS OF 12/17/13                         |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  LONG  | SHORT  |SPREADS |  LONG  | SHORT  |  LONG  | SHORT  |  LONG  | SHORT
--------------------------------------------------------------------------------
(MSCI EAFE INDEX X $50)                              OPEN INTEREST:      117,743
COMMITMENTS
  25,166    4,102    6,124   78,954  103,848  110,244  114,074    7,499    3,669

CHANGES FROM 12/10/13 (CHANGE IN OPEN INTEREST:     24,497)
    -792      677    1,631   22,444   20,702   23,283   23,010    1,214    1,487

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADERS
    21.4      3.5      5.2     67.1     88.2     93.6     96.9      6.4      3.1

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:       89)
      14        4        3       51       42       66       48
 
 
MSCI EMERGING MKTS MINI INDEX - NYSE LIFFE                           Code-244042
FUTURES ONLY POSITIONS AS OF 12/17/13                         |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  LONG  | SHORT  |SPREADS |  LONG  | SHORT  |  LONG  | SHORT  |  LONG  | SHORT
--------------------------------------------------------------------------------
(MSCI EAFE INDEX X $50)                              OPEN INTEREST:      287,482
COMMITMENTS
  75,936   24,931   10,098  181,325  240,569  267,359  275,598   20,123   11,884

CHANGES FROM 12/10/13 (CHANGE IN OPEN INTEREST:     26,600)
   4,740   -2,260    6,061   10,755   17,221   21,556   21,022    5,044    5,578

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADERS
    26.4      8.7      3.5     63.1     83.7     93.0     95.9      7.0      4.1

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      181)
      60       20       22       78       65      147       98
```

----

Updated December 20, 2013
1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

BEAUMONT DIVISION 

UNITED STATES and STATE OF §

TEXAS ex rel. DANIEL W. ELLIOTT, §

M.D. and LISA A. MINSLOFF, M.D., §

§

Plaintiffs, §

§

v. § Civil Action No. 1:23-cv-00329-MJT

§

SOUTHEAST TEXAS MEDICAL §

ASSOCIATES, LLP, et al §

§

Defendants. §

DEFENDANT, BAPTIST HOSPITALS OF SOUTHEAST TEXAS’

SECOND NOTICE OF COMPLIANCE WITH SERVICE OF ITS 

INITIAL DISCLOSURES

Defendant, Baptist Hospitals of Southeast Texas respectfully notifies the Court that on 

August 21, 2023, it complied with Judge Gilstrap’s Discovery Order (Dkt. No. 80) by serving its 

initial disclosures on all counsel of record. Baptist Hospitals complied with this Court’s initial 

mandatory disclosure order (Dkt. No. 95) by serving its initial disclosures on all counsel of record 

via electronic mail on October 17, 2023.

Dated: October 18, 2023 Respectfully submitted,

/s/ J. Thad Heartfield 

J. Thad Heartfield

State Bar No. 09346800

M. Dru Montgomery

State Bar No. 24010800

THE HEARTFIELD LAW FIRM

2195 Dowlen Road

Beaumont, TX 77706

Telephone: 409-866-3318

Facsimile: 409-866-5789

thad@heartfieldlawfirm.com 

dru@heartfieldlawfirm.com

Case 1:23-cv-00329-MJT Document 111 Filed 10/18/23 Page 1 of 2 PageID #: 1065
2

Edward B. Diskant 

M. Elias Berman

MCDERMOTT WILL & EMERY LLP

1 Vanderbilt Avenue

New York, NY 10017

Tel: (212) 547-5400

Fax: (646) 390-0877

ediskant@mwe.com

eberman@mwe.com

Jennifer B. Routh

MCDERMOTT WILL & EMERY LLP

500 North Capitol Street, N.W.

Washington, D.C. 20001

Tel: (202) 756-8000

Fax: (202) 756-8087

jrouth@mwe.com

ATTORNEYS FOR DEFENDANT, 

Baptist Hospitals of Southeast Texas

CERTIFICATE OF SERVICE

The undersigned hereby certifies that counsel of record who are deemed to have consented 

to electronic services are being served with a copy of this document via the Court’s CM/ECF 

system per Local Rule CV-5(a) on this 18th day of October, 2023. 

/s/ J. Thad Heartfield 

J. Thad Heartfield

Case 1:23-cv-00329-MJT Document 111 Filed 10/18/23 Page 2 of 2 PageID #: 1066
Exhibit 31.2**CERTIFICATION**I, Zohar Ziv, certify that:1. I have reviewed this quarterly report on Form 10-Q of EMAK Worldwide, Inc.;2. Based on my knowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in lightof the circumstances under which such statements were made, not misleading with respect to theperiod covered by this quarterly report;3. Based on my knowledge, the financial statements, and other financial information includedin this quarterly 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 presentedin this quarterly report;4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:a. Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relatedto the registrant, including its consolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period in which this quarterly report is beingprepared;b. Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this quarterly report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this quarterly report based onsuch evaluation; andc. Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control over financialreporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunction):a. All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financial information; andb. Any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.         /s/ Zohar Ziv   Zohar Ziv   Senior Vice President and Chief Financial Officer
<PAGE>

                                                                    EXHIBIT 23.1

                            INDEPENDENT AUDITORS' CONSENT


     We consent to the incorporation by reference in Registration Statement No.
33-80326 and Registration Statement No. 33-90782 of Cameron Ashley Building
Products, Inc. on Forms S-8 of our reports dated December 16, 1997 (except the
last paragraph of Note 7, which is as of January 22, 1998) appearing in this
Annual Report on Form 10-K of Cameron Ashley Building Products, Inc. for the
year ended October 31, 1997.


DELOITTE & TOUCHE, LLP
Dallas, Texas
January 28, 1998
No. 99-30894

-1-

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 99-30894

Summary Calendar

 

JOHN M. ROPER,

Plaintiff-Appellant,

versus

EXXON CORPORATION,

Defendant-Appellee.

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

Appeal from the United States District Court

for the Middle District of Louisiana

USDC No. 97-CV-829-C

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

April 18, 2000

Before HIGGINBOTHAM, DeMOSS, and STEWART, Circuit Judges.

PER CURIAM:*

John M. Roper appeals the district court’s grant of summary

judgment against him on a complaint he brought against his former

employer, Exxon Corporation. Having considered the issue sua

sponte, we conclude that the district court’s exercise of federal

jurisdiction over the complaint was proper. See Giles v. NYLCare

Health Plans, Inc., 172 F.3d 332, 336-37 (5th Cir. 1999).

Roper argues that Exxon violated LA. REV. STAT. ANN. 23:631 by

failing to pay him for six days of illness occurring during a

vacation. We agree with the district court that Roper never had
No. 99-30894

-2-

a vested right to payment for those days because he never

provided Exxon with the required medical certification of illness

for the days. See Beard v. Summit Inst. for Pulmonary Med. &

Rehabilitation, Inc., 707 So. 2d 1233, 1235 (La. 1998) (holding

that an employer is obligated to pay only amounts “due under the

terms of employment”).

Roper argues that Exxon is obliged to pay him penalty wages

and attorney’s fees under LA. REV. STAT. ANN. 23:632. Because

Exxon owed Roper nothing for the six uncertified days of illness,

no penalties or fees are due him for those days. In addition, we

conclude that summary judgment against Roper was proper as to six

days of illness that were properly certified. Roper’s principal

piece of evidence, a pay stub showing that he had reported

disability days during vacation, is not probative of when Exxon

exercised its discretion under the terms of employment to

reclassify Roper’s vacation time.

Finally, Roper argues that Exxon should have made a seven

percent contribution to his thrift fund account on all amounts it

paid him at his discharge in lieu of vacation. The district

court held, and we agree, that this is an Employee Retirement

Income Security Act claim governed by the terms of Exxon’s Thrift

Plan. See 29 U.S.C. § 1132(a). We also agree that Roper

presented no evidence that Exxon’s Thrift Plan involved

contributions for vacation days. 

AFFIRMED.
No. 6:23-cv-00053

Fred A. Dixon, Jr.,

Plaintiff,

v.

Unknown,

Defendant.

ORD ER

Plaintiff Fred A. Dixon, Jr., proceeding pro se, filed the abovestyled and numbered civil rights lawsuit pursuant to 42 U.S.C. 

§ 1983. The case was referred to United States Magistrate Judge 

K. Nicole Mitchell, who issued a report and recommendation 

(Doc. 3) concluding that plaintiff’s complaint should be dismissed with prejudice for purposes of in forma pauperis proceedings pursuant to 28 U.S.C. § 1915(g). No objections were filed. 

When there have been no timely objections to a magistrate 

judge’s report and recommendation, the court reviews it only for 

clear error. See Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 

1420 (5th Cir. 1996). Having reviewed the magistrate judge’s report and being satisfied that it contains no clear error, the court 

accepts its findings and recommendation. 

For the reasons stated in the report, plaintiff’s complaint is 

dismissed with prejudice for purposes of in forma pauperis proceedings pursuant to 28 U.S.C. § 1915(g). Plaintiff may resume 

his lawsuit if he pays the entire filing fee of $402 within 30 days 

after the entry of the final judgment.

So ordered by the court on March 21, 2023.

J. CAMPBELL BARKER

United States District Judge

Case 6:23-cv-00053-JCB-KNM Document 5 Filed 03/21/23 Page 1 of 1 PageID #: 9
<PAGE>
 
                                                                   EXHIBIT 23.2
 
                        CONSENT OF RYDER SCOTT COMPANY
 
  We consent to the incorporation by reference in the following registration
statements of Vastar Resources, Inc. (the "Company"), Registration Statement
on Form S-8 (No. 33-80844), Registration Statement on Form S-8 (No. 33-80846),
Registration Statement on Form S-8 (No. 33-80848), Registration Statement on
Form S-8 (No. 33-80850), Registration Statement on Form S-8 (No. 33-87814),
Registration Statement on Form S-8 (No. 33-87816), Registration Statement on
Form S-8 (No. 33-87818), Registration Statement on Form S-8 (No. 333-24077)
and Registration Statement on Form S-3 (No. 33-86310), of our report dated
January 9, 1998 on our audit of the remaining proved reserves attributable to
the properties owned by the Company as of December 31, 1997.
 
                                          /s/ RYDER SCOTT COMPANY
                                            PETROLEUM ENGINEEERS
                                          -------------------------------------
                                          RYDER SCOTT COMPANY
                                          PETROLEUM ENGINEEERS
 
March 6, 1998
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET AS OF DECEMBER 31, 1999, AND STATEMENT OF INCOME FOR THE TWELVE MONTHS
ENDING DECEMBER 31, 1999, OF DOMINION HOMES, INC. AND IS QUALIIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<EXCHANGE-RATE>                                      1
<CASH>                                           2,862
<SECURITIES>                                         0
<RECEIVABLES>                                      759
<ALLOWANCES>                                         3
<INVENTORY>                                    159,180
<CURRENT-ASSETS>                                     0
<PP&E>                                           9,055
<DEPRECIATION>                                   3,589
<TOTAL-ASSETS>                                 174,059
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        31,388
<OTHER-SE>                                      27,342
<TOTAL-LIABILITY-AND-EQUITY>                   174,059
<SALES>                                        277,577
<TOTAL-REVENUES>                               277,577
<CGS>                                          224,474
<TOTAL-COSTS>                                  258,075
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               6,024
<INCOME-PRETAX>                                 13,478
<INCOME-TAX>                                     5,460
<INCOME-CONTINUING>                              8,018
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,018
<EPS-BASIC>                                       1.27
<EPS-DILUTED>                                     1.23


</TABLE>
```
 
 
CRUDE OIL, LIGHT SWEET - ICE FUTURES EUROPE                          Code-067411
FUTURES ONLY POSITIONS AS OF 01/17/12                         |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  LONG  | SHORT  |SPREADS |  LONG  | SHORT  |  LONG  | SHORT  |  LONG  | SHORT
--------------------------------------------------------------------------------
(CONTRACTS OF 1,000 BARRELS)                         OPEN INTEREST:      362,044
COMMITMENTS
  50,911   37,676   71,143  211,774  229,981  333,828  338,800   28,216   23,244

CHANGES FROM 01/10/12 (CHANGE IN OPEN INTEREST:     -9,410)
   2,026    4,494   -5,065  -17,391  -18,527  -20,430  -19,098   11,020    9,688

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADERS
    14.1     10.4     19.7     58.5     63.5     92.2     93.6      7.8      6.4

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      110)
      26       22       40       55       57      105       98
```

----

Updated January 20, 2012
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

BRET COONEY (DECEASED) -

AMANDA SERRANO,

 Petitioner

 v.

WORKERS' COMPENSATION APPEAL

BOARD (PATTERSON UTI, INC.),

 Respondent

:

:

:

:

:

:

:

:

:

:

:

:

:

No. 393 WAL 2014

Petition for Allowance of Appeal from the

Order of the Commonwealth Court

ORDER

PER CURIAM

AND NOW, this 10th day of February, 2015, the Petition for Allowance of Appeal

is DENIED.
Exhibit 8



SUBSIDIARIES



Our wholly-owned subsidiaries are:

•

Caradas, Inc., a Delaware corporation.

•

DSS Software Technologies, a California corporation, (inactive, listed as discontinued operations)

•

Diversinet Corporation of America, a Delaware corporation, (inactive)

•

Diversinet Inc., an Ontario corporation, (inactive)

•

Diversinet (Israel) Ltd., an Israeli corporation (inactive)

•

The Instant Publisher Ltd., a Barbados corporation, (inactive)



Our joint venture is:

•

Atria Limited, a 50% owned joint venture that operated in Hong Kong, (inactive)