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

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION 

BARCO, INC. and BARCO NV, 

Plaintiffs, 

v. 

YEALINK (USA) NETWORK 

TECHNOLOGY CO., LTD., and 

YEALINK NETWORK 

TECHNOLOGY CO., LTD., 

Defendants. 

Case No. 2:23-cv-00521-JRG-RSP 

JURY TRIAL DEMANDED 

NOTICE OF APPEARANCE OF NATALIE A. BENNETT 

PLEASE TAKE NOTICE that the undersigned attorney enters her appearance as lead 

counsel on behalf of Defendants Yealink (USA) Network Technology Co., Ltd. (“Yealink USA”) 

and Yealink Network Technology Co., Ltd. (“Yealink China”) (collectively “Defendants” or 

“Yealink”). 

Case 2:23-cv-00521-JRG-RSP Document 16 Filed 03/14/24 Page 1 of 2 PageID #: 215
2 

Dated: March 14, 2024 Respectfully submitted, 

/s/ Natalie A. Bennett 

Natalie A. Bennett*

Illinois State Bar No. 6304611 

natalie.bennett@morganlewis.com 

Morgan, Lewis & Bockius LLP 

1111 Pennsylvania Avenue, NW 

Washington, DC 20004-2541 

T: (202) 739-5559 

F: (202) 739-3001 

Elizabeth M. Chiaviello 

Texas State Bar No. 24088913 

elizabeth.chiaviello@morganlewis.com 

Morgan, Lewis & Bockius LLP 

1717 Main Street, Suite 3200 

Dallas, Texas 75201 

T. (214) 466-4000 

F. (214) 466-4001 

Ahren C. Hsu-Hoffman 

Texas State Bar No. 24053269 

ahren.hsu-hoffman@morganlewis.com 

Morgan, Lewis & Bockius LLP 

1400 Page Mill Road 

Palo Alto, CA 94304-1124 

T. (650) 843-4000 

F. (650) 843-4001 

*Admitted to practice

Attorneys for Defendants Yealink (USA) 

Network Technology Co., Ltd. and Yealink 

Network Technology Co., Ltd.

CERTIFICATE OF SERVICE

The undersigned counsel hereby certifies that on March 14, 2024 a true and correct copy 

of the foregoing has been served via electronic mail. 

 /s/ Natalie A. Bennett 

Natalie A. Bennett 

Case 2:23-cv-00521-JRG-RSP Document 16 Filed 03/14/24 Page 2 of 2 PageID #: 216
United States District Court

EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

WELLS FARGO BANK, N.A.,

Plaintiff,

v. 

ROBERT M. MALONEY JR., ET AL., 

Defendants. 

§

§ 

§ 

§ 

§ 

§

§

§

§

CIVIL ACTION NO. 4:23-CV-01081

(JUDGE MAZZANT/JUDGE DURRETT) 

MEMORANDUM ADOPTING THE REPORT AND 

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Came on for consideration the Report and Recommendation (“Report”) of the United 

States Magistrate Judge in this action, this matter having been heretofore referred to the Magistrate 

Judge pursuant to 28 U.S.C. § 636. On August 20, 2024, the Magistrate Judge entered a Report 

(Dkt. #10) recommending that Plaintiff’s Motion for Default Judgment be denied. No Party filed 

objections to the Report. 

Accordingly, having received the Report of the Magistrate Judge, the Court is of the 

opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the 

Magistrate Judge’s report as the findings and conclusions of the Court.

It is therefore ORDERED that Plaintiff’s Motion for Default Judgment (Dkt. #7) is 

DENIED as premature. 

IT IS SO ORDERED. 

Case 4:23-cv-01081-ALM-AGD Document 12 Filed 09/16/24 Page 1 of 1 PageID #: 98
Exhibit 4

Redacted in its entirety

Case 2:23-cv-00419-JRG Document 39-6 Filed 02/07/24 Page 1 of 1 PageID #: 499
Curt M. LOCKETT, Petitioner, v. FLORIDA.

No. 18-9690

Supreme Court of the United States.

October 07, 2019

Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District denied.
**EXHIBIT 23.1**

 

**CONSENT OF INDEPENDENT CERTIFIED PUBLICACCOUNTANTS**

 

We have issued our reports datedMarch 17, 2003, which includes an explanatory paragraph for going concern matters, accompanying the consolidated financial statements of Reptron Electronics, Inc. and our report dated March 17, 2003 accompanying the schedule of Reptron Electronics,Inc., that are included in the Company’s Form 10-K for the year ended December 31, 2002. We hereby consent to the incorporation by reference of said reports in the Registration Statement of Reptron Electronics, Inc., on Forms S-8 (File No.33-103936, effective March 19, 2003, File No. 333-28727, effective June 6, 1997 and File No. 33-87854, effective December 22, 1994). 

 

GRANT THORNTON LLP 

 

Tampa, Florida 

March 17, 2003
Phillip RAWNSLEY, Petitioner, v. UNITED STATES.

No. 19M14

Supreme Court of the United States.

October 7, 2019

Motion to direct the Clerk to file a petition for a writ of certiorari out of time denied.
1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

TYLER DIVISION 

THE DAILY WIRE, LLC, et al., 

 Plaintiffs, 

v. 

UNITED STATES DEPARTMENT OF 

STATE, et al., 

 Defendants. 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

Case No. 6:23-cv-609-JDK 

ORDER GRANTING MOTIONS FOR ADDITIONAL PAGES AND 

EXTENSIONS OF TIME 

Before the Court are Plaintiffs’ unopposed motion for leave to exceed the page 

limit in their preliminary injunction motion (Docket No. 10) and the parties’ joint 

motion to extend certain response and reply deadlines (Docket No. 16). The Court 

GRANTS both motions. 

Plaintiffs’ motion for a preliminary injunction is accepted as filed (Docket 

No. 11). And the Court ORDERS that the following schedule govern Defendants’ 

motion to transfer (Docket No. 14) and Plaintiffs’ motion for preliminary injunction 

(Docket No. 11): 

 March 15, 2024 – Deadline for Plaintiffs’ opposition to Defendants’ 

motion to transfer and Defendants’ opposition to Plaintiffs’ motion for 

preliminary injunction; 

 April 5, 2024 – Deadline for Defendants’ reply in support of their motion 

to transfer venue and Plaintiffs’ reply in support of their motion for 

preliminary injunction. 

Case 6:23-cv-00609-JDK Document 17 Filed 02/14/24 Page 1 of 2 PageID #: 645
2 Signed this

Feb 14, 2024

Case 6:23-cv-00609-JDK Document 17 Filed 02/14/24 Page 2 of 2 PageID #: 646
Daniel Arthur HELEVA, Petitioner, v. Michael CLARK, Superintendent, State Correctional Institution at Albion, et al.

No. 18-8535.

Supreme Court of the United States

July 15, 2019.

Petition for rehearing denied.
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

MOBILE HEALTH INNOVATIVE 

SOLUTIONS, LLC,

Plaintiff,

v. 

WITHINGS S.A.,

Defendant.

§

§

§

§

§

§

§

§

§

§

CIVIL ACTION NO. 2:23-CV-00610-JRG

ORDER

Before the Court is the Joint Motion to Stay All Deadlines and Notice of Settlement (the 

“Motion”) filed by Plaintiff Mobile Health Innovative Solutions, LLC and Defendant Withings 

S.A. (collectively, “the Parties”). (Dkt. No. 7.) In the Motion, the Parties represent that they “have 

reached an agreement in principle to settle all matters in controversy.” (Id. at 1.) Accordingly, the 

Parties request a 30-day stay “while the Parties finalize a settlement agreement and file dismissal 

documents with the Court.” (Id.)

Having considered the Motion, and noting its joint nature, the Court finds that it should be 

and hereby is GRANTED. Accordingly, all deadlines in the above-captioned case are STAYED 

for 30 days, up to and including July 13, 2024, during which time appropriate dismissal papers are 

to be filed with the Court.

Case 2:23-cv-00610-JRG Document 8 Filed 06/14/24 Page 1 of 2 PageID #: 114
2

____________________________________

RODNEY GILSTRAP

UNITED STATES DISTRICT JUDGE So ORDERED and SIGNED this 14th day of June, 2024.

Case 2:23-cv-00610-JRG Document 8 Filed 06/14/24 Page 2 of 2 PageID #: 115
Exhibit 23 

 

Case 2:23-cv-00576-JRG-RSP Document 26-32 Filed 01/29/24 Page 1 of 2 PageID #: 1422
Case 2:23-cv-00576-JRG-RSP Document 26-32 Filed 01/29/24 Page 2 of 2 PageID #: 1423
United States District Court

EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

JULIUS BELL, et al.

v. 

MIDLAND NATIONAL

§

§

§

§

§

§

CIVIL ACTION NO. 4:23-CV-01110-

ALM-AGD

MEMORANDUM ADOPTING REPORT AND 

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Came on for consideration the Report and Recommendation of the United States 

Magistrate Judge (“Report”), this matter having been referred to the Magistrate Judge pursuant 

to 28 U.S.C. § 636. On August 20, 2024, the Report of the Magistrate Judge, (Dkt. #12), was 

entered containing proposed findings of fact and recommendation that Plaintiffs’ Motion to 

Remand (Dkt. #3) be denied.

Having received the Report of the United States Magistrate Judge, and no timely objections 

being filed, the Court is of the opinion that the findings and conclusions of the Magistrate Judge 

are correct and adopts the Magistrate Judge’s Report as the findings and conclusions of the Court.

It is therefore ORDERED Plaintiffs’ Motion to Remand (Dkt. #3) is DENIED.

IT IS SO ORDERED. 

Case 4:23-cv-01110-ALM-AGD Document 14 Filed 09/05/24 Page 1 of 1 PageID #: 70
Richard SILVESTRI, Petitioner, v. UNITED STATES.

No. 19-7497.

Supreme Court of the United States.

March 9, 2020.

Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.
Paul A. VIERA, Petitioner v. FLORIDA.

No. 19-5059

Supreme Court of the United States.

October 7, 2019

Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District denied.
James Patton ROBERTSON, Petitioner, v. UNITED STATES.

No. 19-7269

Supreme Court of the United States.

February 24, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
- 1 - 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION 

VALTRUS INNOVATIONS LTD. § 

 § 

v. § CASE NO. 2:23-cv-00443-JRG 

 § (Lead Case) 

AT&T INC., et al § 

 

VALTRUS INNOVATIONS LTD. § 

 § 

v. § CASE NO. 2:23-cv-00444-JRG 

 § (Member Case) 

T-MOBILE USA, INC., et al § 

 

VALTRUS INNOVATIONS LTD. § 

 § 

v. § CASE NO. 2:23-cv-00445-JRG 

 § (Member Case) 

VERIZON COMMUNICATIONS, § 

INC., et al § 

ORDER 

The above-captioned cases are hereby ORDERED to be CONSOLIDATED for all 

pretrial issues with the LEAD CASE, Case No. 2:23-cv-00443. All parties are instructed to file 

any future filings in the LEAD CASE. Individual cases remain active for trial. 

The Clerk is instructed to add the consolidated Defendants into the Lead Case and their 

corresponding Lead and Local Counsel only. Additional counsel may file a Notice of Appearance 

in the Lead Case if they wish to continue as counsel of record in the lead consolidated action. 

Counsel who has appeared pro hac vice in any member case may file a Notice of Appearance in 

the Lead Case without filing an additional application to appear pro hac vice in the Lead Case. 

Counsel who have not appeared in a member case at the point when it is consolidated into the Lead 

Case should file a Notice of Appearance only in the Lead Case, and such Notice should state the 

relevant member case. 
- 2 - So Ordered this

Nov 2, 2023
* 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. 99-40565

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

FELIX FEDERICO SERNA,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. C-98-CR-130-1

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

December 14, 1999

Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges. 

PER CURIAM:*

The Federal Public Defender appointed to represent Felix

Federico Serna has moved for leave to withdraw and has filed a

brief as required by Anders v. California, 386 U.S. 738 (1967). 

Serna has not filed a response. Our independent review of

counsel’s brief and the record discloses no nonfrivolous issue. 

Accordingly, counsel’s motion for leave to withdraw is GRANTED,

counsel is excused from further responsibilities herein, and the

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.
ex10_17.htm











Exhibit 10.17







December 12, 2008


 




	
Thomas Miller, Ph.D.


	
c/o Discovery Laboratories, Inc.


	
2600 Kelly Road


	
Suite 100


	
Warrington, PA 18976


	 
	
Re:           Amendment to Employment Agreement







 




Dear Dr. Miller,







This amendment is attached to and made part of the Amended and Restated Employment Agreement dated as of June 12, 2006 between you and Discovery Laboratories, Inc., as amended (the “Agreement”).  Effective as of the date hereof the parties hereby agree that certain provisions of the Agreement are revised as set forth below.  Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms as set forth in the Agreement.







Section 2 of the Agreement is hereby amended to provide (i) that the Term of the Agreement shall continue through May 3, 2010, and (ii) that, commencing on May 4, 2010, and on each May 4th thereafter, the Term of the Agreement shall automatically be extended for one additional year, except in the event of notice as provided for therein.







Except as amended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect.  This addendum confirms an agreement between you and the Company with respect to the subject matter hereof and is a material part of the consideration stated in the Agreement and mutual promises made in connection therewith.  Please indicate your acceptance of the terms contained herein by signing both copies of this amendment, retaining one copy for your records, and forwarding the remaining copy to the Company.


 




	
DISCOVERY LABORATORIES, INC.


	 
	
By: 

	/s/ Robert J. Capetola	 
	Name:  	Robert J. Capetola, Ph.D.	 
	Title:	President and CEO	 
	 	 	 
	
Accepted and Agreed to:


	 	 	 
	 	/s/ Thomas Miller	 
	Name:  	Thomas Miller, Ph.D.
```
 
 
WHEAT - KANSAS CITY BOARD OF TRADE                                   Code-001612
FUTURES ONLY POSITIONS AS OF 05/14/13                         |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  LONG  | SHORT  |SPREADS |  LONG  | SHORT  |  LONG  | SHORT  |  LONG  | SHORT
--------------------------------------------------------------------------------
(CONTRACTS OF 5,000 BUSHELS)                         OPEN INTEREST:      136,751
COMMITMENTS
  36,363   27,788    8,897   74,302   78,259  119,562  114,944   17,189   21,807

CHANGES FROM 05/07/13 (CHANGE IN OPEN INTEREST:      1,026)
   2,091    1,451   -1,177      162      221    1,076      495      -50      531

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADERS
    26.6     20.3      6.5     54.3     57.2     87.4     84.1     12.6     15.9

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      165)
      42       36       31       52       66      114      116
```

----

Updated May 17, 2013
Kenton G. FINDLAY, Petitioner v. HSBC BANK USA, N.A., et al.

No. 18-9717

Supreme Court of the United States.

October 7, 2019

Petition for writ of certiorari to the Supreme Court of Florida denied.
<PAGE>   1

                                                                  EXHIBIT 23.1.1

                        CONSENT OF INDEPENDENT AUDITORS

The Board of Directors
QLogic Corporation:

     We consent to the incorporation by reference in the registration statements
on Form S-8 (Nos. 33-75814, 333-13137 and 333-66407) of QLogic Corporation of
our report dated May 10, 2000, related to the consolidated balance sheets of
QLogic Corporation and subsidiaries as of April 2, 2000 and March 28, 1999 and
the related consolidated statements of income, stockholders' equity and cash
flows for each of the years in the three-year period ended April 2, 2000, and
the related financial statement schedule, which report appears in the April 2,
2000, annual report on Form 10-K/A of QLogic Corporation.

                                         KPMG LLP

Orange County, California
July 28, 2000
## U nit edSta tes C ou rt o f A pp eal s For t h e Firs t C ircu it

No. 06-1558 UNITED STATES OF AMERICA, Plaintiff, Appellee,

v . MANUEL A. VEGA-SANTIAGO, Defendant, Appellant.

ERRATA The opinion issued on February 21, 2008, is amended as follows: On page 6, line 1 of footnote 3, replace the citation "32(i)(C)" with the citation "32(i)(1)(C)."
* Pursuant to 5 TH C IR

. R. 47.5, the Court has determined that this opinion should not

be published and is not pre cedent except under the limited circumstances set forth in 5 T H

C IR . R. 47.5.4. UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-30476

GRIMALDI CONSTRUCTION, INC.,

ET AL., Plaintiffs-Appellants,

versus

H. TOM ROBINSON, ET AL., Defendants-Appellees.

Appeal from the United States District Court

for the Eastern District of Louisiana

(96-CV-484-A)

January 8, 1998

Before POLITZ, Chief Judge, HIGGINBOTHAM and DEMOSS, Circuit Judges.

PER CURIAM: *

Grimaldi Construction, Inc., et al.

, appeal an adverse summary judgment in

their action against H. Tom Robinson and American International Specialty Lines

Insurance Company. Having considered the summary judgment record, briefs and

oral arguments of counsel, and substantially for the reasons assigned and au thorities

cited by the district court in its Order and Reasons signed and filed April 18, 1997,2

we AFFIRM.
`DTCC Repo-US Treasury <30 YR - NYSE LIFFE - NYPC                     Code-045L2T
OPTION AND FUTURES COMBINED POSITIONS AS OF 09/25/12          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
(CONTRACTS OF $5,000,000)                            OPEN INTEREST:       40,631
COMMITMENTS
   3,387   18,833    2,546   34,483   19,066   40,416   40,445      215      186

CHANGES FROM 09/18/12 (CHANGE IN OPEN INTEREST:      3,611)
     119      172      661    3,632    3,565    4,412    4,398     -801     -787

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
     8.3     46.4      6.3     84.9     46.9     99.5     99.5      0.5      0.5

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:       36)
       7        7        6       19       18       29       29`

---

Updated September 28, 2012
**Exhibit 23.1**

 

CONSENT OF INDEPENDENT AUDITORS 

 

We consent to the incorporation by reference in the Registration Statements (Form S-8, Nos. 333-10017, 333-58403 and333-49916; and Form S-3, Nos. 333-96905 and 333-82426) pertaining to the ACT Teleconferencing, Inc. Stock Option Plans, the issuance of stock by ACT to certain investors and the resale of certain shares of ACT stock by selling security holders, ofour report dated March 9, 2003, with respect to the consolidated financial statements and schedules of ACT Teleconferencing, Inc. included in the Annual Report (Form 10-K) at December 31, 2002. 

 

/s/    ERNST & YOUNG LLP 

 

Denver, Colorado 

April 15, 2003
Asata D. LOWE, Petitioner, v. Mike PARRIS, et al.

No. 19-7229.

Supreme Court of the United States.

March 9, 2020.

Petition for writ of certiorari to the Court of Appeals of Tennessee, Eastern Division denied.
<PAGE>

Exhibit 24.1
                          ACT Teleconferencing, Inc.

                               Power of Attorney
                         of Directors and/or Officers


          The undersigned directors and/or officers of ACT Teleconferencing,
Inc., a Colorado corporation, hereby make, constitute, and appoint Gerald D. Van
Eeckhout and Gavin Thomson, and either of them, the undersigned's true and
lawful attorneys-in-fact, with power of substitution, for the undersigned and in
the undersigned's names, place, and stead, to sign and affix the undersigned's
names as such directors and/or officers of said corporation to an Annual Report
on Form 10-KSB or other applicable form, and all amendments to it, to be filed
by said corporation in March, 1999 with the Securities and Exchange Commission,
Washington, D.C., under the Securities Act of 1934, as amended, with all
exhibits and other supporting documents, with the SEC, granting unto said
attorneys-in-fact, and either of them, full power and authority to do and
perform any and all acts necessary or incidental to the performance and
execution of the powers expressly granted in this power of attorney.

          IN WITNESS WHEREOF, the undersigned has set the undersigned's hand
this February 24, 2000.



                              /s/ Ronald J. Bach
                              ---------------------------------------
                              Ronald J. Bach

                              /s/ James F. Seifert
                              ---------------------------------------
                              James F. Seifert

                              /s/ Donald Sturtevant
                              ---------------------------------------
                              Donald Sturtevant

                              /s/ Carolyn R. Van Eeckhout
                              ---------------------------------------
                              Carolyn R. Van Eeckhout
Servando PINEDA-CASTELLANOS, Petitioner, v. UNITED STATES.

No. 19-6290

Supreme Court of the United States.

Feb. 24, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
```
 
 
WHEAT - MINNEAPOLIS GRAIN EXCHANGE                                   Code-001626
FUTURES ONLY POSITIONS AS OF 09/24/13                         |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  LONG  | SHORT  |SPREADS |  LONG  | SHORT  |  LONG  | SHORT  |  LONG  | SHORT
--------------------------------------------------------------------------------
(CONTRACTS OF 5,000 BUSHELS)                         OPEN INTEREST:       44,508
COMMITMENTS
   7,476    9,182      652   23,411   23,829   31,539   33,663   12,969   10,845

CHANGES FROM 09/17/13 (CHANGE IN OPEN INTEREST:      2,851)
   1,528      851       45      887    2,783    2,460    3,679      391     -828

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADERS
    16.8     20.6      1.5     52.6     53.5     70.9     75.6     29.1     24.4

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:       68)
      10       18        6       35       24       49       45
```

----

Updated September 27, 2013
Kent Vu PHAN, Petitioner, v. NATIONAL JEWISH HEALTH, et al.

No. 18-9039

Supreme Court of the United States.

October 7, 2019

Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.
```
  
 
VIX FUTURES - CBOE FUTURES EXCHANGE                                  Code-1170E1
OPTION AND FUTURES COMBINED POSITIONS AS OF 03/19/13          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
($1000 X INDEX)                                      OPEN INTEREST:      463,432
COMMITMENTS
 114,635  199,035   78,801  238,480  150,843  431,916  428,679   31,516   34,753

CHANGES FROM 03/12/13 (CHANGE IN OPEN INTEREST:     28,682)
  -6,705    9,337      804   16,283   -1,396   10,382    8,745   18,300   19,937

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
    24.7     42.9     17.0     51.5     32.5     93.2     92.5      6.8      7.5

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      182)
      57       74       72       37       38      141      145
```

----

Updated March 22, 2013