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# C_2019062EN.01031001.xml

| 15.2.2019 | EN | Official Journal of the European Union | C 62/310 |
| --- | --- | --- | --- |

15.2.2019

EN

Official Journal of the European Union

C 62/310

---

Opinion of the European Economic and Social Committee on ‘Proposal for a regulation of the European Parliament and of the Council on the European Fisheries Control Agency (codification)’

(COM(2018) 499 final — 2018/0263 (COD))

(2019/C 62/52)

| Consultation | European Parliament, 5.7.2018
  Council of the European Union, 17.7.2018 |
| --- | --- |
| Legal basis | Article 43(2) of the Treaty on the Functioning of the European Union |
| Section responsible | Agriculture, Rural Development and the Environment |
| Adopted at plenary session | 17.10.2018 |
| Plenary session No | 538 |
| Outcome of vote
  (for/against/abstentions) | 208/0/5 |

Consultation

European Parliament, 5.7.2018

Council of the European Union, 17.7.2018

Legal basis

Article 43(2) of the Treaty on the Functioning of the European Union

Section responsible

Agriculture, Rural Development and the Environment

Adopted at plenary session

17.10.2018

Plenary session No

538

Outcome of vote

(for/against/abstentions)

208/0/5

Since the Committee unreservedly endorses the content of the proposal and feels that it requires no comment on its part, it decided, at its 538th plenary session held on 17 and 18 October 2018 (meeting of 17 October 2018), by 208 votes to none with five abstentions, to issue an opinion endorsing the proposed text.

Brussels, 17 October 2018.

The President of the European Economic and Social Committee

Luca JAHIER

---
No. 6:23-cv-00283

Jacob Durst,

Petitioner,

v.

Smith County,

Respondent.

ORDER

On June 5, 2023, petitioner Jacob Durst, proceeding pro se, filed 

this federal petition for writ of habeas corpus (Doc. 1) pursuant to 28

U.S.C. § 2254. The case was referred to United States Magistrate 

Judge K. Nicole Mitchell pursuant to 28 U.S.C. § 636(b). Doc. 3. 

On June 8, 2023, the magistrate judge instructed petitioner to 

amend his petition to clarify his claims. Doc. 4. Petitioner did not file 

an amended petition.

On September 29, 2023, the magistrate judge entered a report 

recommending that petitioner’s case be dismissed without prejudice 

for want of prosecution and failure to obey an order. Doc. 6. No objections have been filed.

When no party objects to the 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) (en 

banc). Having reviewed the magistrate judge’s report and being satisfied that the report contains no clear error, the court accepts the 

findings and conclusions of the report. Accordingly, the complaint is 

dismissed without prejudice for failure to prosecute and for failure 

to comply with a court order.

So ordered by the court on November 17, 2023.

J. CAMPBELL BARKER

United States District Judge

Case 6:23-cv-00283-JCB-KNM Document 8 Filed 11/17/23 Page 1 of 1 PageID #: 19
Victor Andrew APODACA, Sr., Petitioner, v. John DOES, et al.

No. 19-5145

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.
xml version="1.0" encoding="UTF-8"?


C\_2018218EN.01003401.xml


| | | | |
| --- | --- | --- | --- |
| 22.6.2018 | EN | Official Journal of the European Union | C 218/34 |

---

Prior notification of a concentration

(Case M.8823 — Neste/Demeter Animal Fats and Proteins)

(Text with EEA relevance)

(2018/C 218/12)

1.

On 15 June 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 [(1)](#ntr1-C_2018218EN.01003401-E0001).

This notification concerns the following undertakings:

| | |
| --- | --- |
| — | Neste Oyj (Finland), |

| | |
| --- | --- |
| — | Int. Handelsmaatschappij Demeter BV (Netherlands), controlled by Demeter Holding BV. |

Neste Oyj (Neste) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of G Int. Handelsmaatschappij Demeter BV (Demeter), which will regroup the animal fats and proteins sourcing and supply activities of the Demeter group.

The concentration is accomplished by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

—   for Neste: Neste is a refining and marketing company focusing on low-emission, high-quality traffic fuels. For its production of renewable fuel, the Neste group uses a variety of renewable feedstock, including animal fats,

—   for Demeter: Demeter is active in the purchase and resale of processed animal fats and of processed animal proteins.

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.8823 — Neste/Demeter Animal Fats and Proteins

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

| |
| --- |
| Email: COMP-MERGER-REGISTRY@ec.europa.eu |
| Fax +32 22964301 |
| Postal address: |
| European Commission |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

---

[(1)](#ntc1-C_2018218EN.01003401-E0001)  [OJ L 24, 29.1.2004, p. 1](http://publications.europa.eu/resource/oj/JOL_2004_024_R_TOC) (the ‘Merger Regulation’).

---
```
 
 
CRUDE OIL, LIGHT SWEET - ICE FUTURES EUROPE                          Code-067411
FUTURES ONLY POSITIONS AS OF 07/30/13                         |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  LONG  | SHORT  |SPREADS |  LONG  | SHORT  |  LONG  | SHORT  |  LONG  | SHORT
--------------------------------------------------------------------------------
(CONTRACTS OF 1,000 BARRELS)                         OPEN INTEREST:      622,471
COMMITMENTS
 101,183   39,672  190,421  316,404  371,447  608,008  601,540   14,463   20,931

CHANGES FROM 07/23/13 (CHANGE IN OPEN INTEREST:     14,332)
  -6,607    4,036    8,990   10,577     -752   12,960   12,274    1,372    2,058

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADERS
    16.3      6.4     30.6     50.8     59.7     97.7     96.6      2.3      3.4

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      159)
      47       36       61       65       68      139      141
```

----

Updated August 2, 2013
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 99 Engrossed in House (EH)]

113th CONGRESS
  1st Session
H. J. RES. 99

_______________________________________________________________________

                            JOINT RESOLUTION

 
Relating to the disapproval of the President's exercise of authority to 
   suspend the debt limit, as submitted under section 1002(b) of the 
        Continuing Appropriations Act, 2014 on October 17, 2013.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Congress disapproves of 
the President's exercise

              

 of authority to suspend the debt limit, as exercised pursuant to the 
certification under section 1002(b) of the Continuing Appropriations 
Act, 2014.

            Passed the House of Representatives October 30, 2013.

            Attest:

                                                                 Clerk.
113th CONGRESS

  1st Session

                             H. J. RES. 99

_______________________________________________________________________

                            JOINT RESOLUTION

Relating to the disapproval of the President's exercise of authority to 
   suspend the debt limit, as submitted under section 1002(b) of the 
        Continuing Appropriations Act, 2014 on October 17, 2013.
```
Abdullahi Hamu JARA, petitioner, v. STANDARD PARKING, et al.

No. 18-8878.

Supreme Court of the United States

Aug. 23, 2019.

Petition for rehearing denied.
Wade Travis WEBB, Petitioner, v. COUNTY OF PIMA, ARIZONA, et al.

No. 18-9369

Supreme Court of the United States.

October 7, 2019

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

```

----

Updated April 25, 2014
QuickLinks
 -- Click here to rapidly navigate through this document

 
 

Exhibit 10.9    
    


February 13,
2003

Mr. Darl McBride

President & CEO

Caldera, dba The SCO Group

355 South 520 West

Lindon, Utah 84042 


Dear
Darl: 


        This
letter shall serve as the first amendment and clarification to our engagement letter dated August 16, 2002 (the "Engagement Letter"). 


        First,
I would like to memorialize your and your management team's satisfaction with Morgan Keegan's services to date. The SCO engagement has taken a number of unexpected twists and
turns that have required assistance that goes beyond conventional investment banking services. I understand that you are pleased with Morgan Keegan's assistance and contributions in addressing SCO's
atypical needs. It has been, and remains, Morgan Keegan's objective to work diligently with management to build shareholder value at SCO. I also understand that it is our collective intent that Morgan
Keegan will continue to work with SCO in the broad range of capacities that Morgan Keegan has served the Company to date. 


        Accordingly,
the Engagement Letter between SCO and Morgan Keegan is amended and clarified as follows: 


	1.
	SCO
and Morgan Keegan mutually agree to extend the date of the Engagement Letter to August 16, 2003. Further, SCO requires that Kim Jenkins continue to serve as the primary
banker in connection with the SCO engagement.



	2.
	SCO
and Morgan Keegan agree that, in the event Sun Microsystems and/or Microsoft enters into a substantial SCOsource licensing arrangement with SCO during the term of the engagement,
that such an event would fall under provision 1(b) of our Engagement Letter. As such, the aggregate amounts paid under the license agreements would be subject to the Contingent Placement Fee,
calculated as six (6) percent for a license with Sun and one (1) percent for a license with Microsoft.



	3.
	SCO
and Morgan Keegan reaffirm the merger and acquisition provisions of the Engagement Letter and agree to the applicability of provision 1(c) regarding the payment of a Transaction
Fee equal to 2% in the event of a sale or acquisition of SCO to a large strategic company. 



        Except
as otherwise provided above, the Engagement Letter remains unamended in full force and effect. 



	

 	
 	

Very truly yours,
	

 	
 	

MORGAN KEEGAN & CO., INC.
	

 	
 	

By:	
 	

/s/  KIMBLE L. JENKINS      

	 	 	Name:	 	Kimble L. Jenkins

	 	 	Title:	 	Managing Director








 

Agreed
and Accepted: 


CALDERA, INC.,
dba The SCO Group 



	

By:	
 	

/s/  DARL C. MCBRIDE      
	
 	

 
	Name:	 	Darl C. McBride
	 	 
	Title:	 	Chief Executive Officer
	 	 




2









QuickLinks



Exhibit 10.9
Exhibit 31.1

 

**CERTIFICATIONS**

 

I, Clive Barwin, certify that:
| 1. | I have reviewed this quarterly report on Form 10-QSB of Melt Inc.; |
|----|--------------------------------------------------------------------|

2.            Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report;

3.            Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this quarterly report;

4.             I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and I have:

a)             designed such disclosure controls and procedures to ensure that material information relating to the small business issuer, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;

b)            evaluated the effectiveness of the small business issuer’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this quarterly report based on such evaluation; and

c)             disclosed in this quarterly report any change in the small business issuer’s internal control over financial reporting that occurred during the small business issuer’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the small business issuer’s internal control over financial reporting.

5.             I have disclosed, based on my most recent evaluation of internal controls over financial reporting, to the small business issuer’s auditors and the audit committee of the small business issuer’s board of directors (or persons performing the equivalent functions):

a)             all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer’s ability to record, process, summarize and report financial information; and

b)            any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuer’s internal control over financial reporting.

 

Date: May 30, 2006

 

/s/ Clive Barwin                                                            

Clive Barwin, President, CEO and Secretary 

(Principal Executive Officer and Principal Financial Officer)
<PAGE>

                                                                      EXHIBIT 32

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of First National Bankshares of Florida,
Inc. (the "Company") on Form 10-Q for the quarterly period ended June 30, 2004
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), the undersigned, Gary L. Tice, President and Chief Executive Officer
of the Company, and Robert T. Reichert, Senior Vice President and Chief
Financial Officer do hereby certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the
best of our knowledge:

      (1) The Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

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

By: /s/Gary L. Tice
    ---------------
    Gary L. Tice
    President and Chief Executive Officer
    August 9, 2004

    /s/Robert T. Reichert
    ---------------------
    Robert T. Reichert
    Senior Vice President,
    Chief Financial Officer and
    Treasurer
    August 9, 2004
JUDGMENT

Court of Appeals 

 

First District of Texas 

NO. 01-15-00089-CV

IN THE INTEREST OF M. J. C., A CHILD

Appeal from the 313th District Court of Harris County (Tr. Ct. No. 2013-06828J)

After due consideration, the Court grants the motion to dismiss this appeal filed 

by the appellant, M.M.C. It is therefore CONSIDERED, ADJUDGED, and ORDERED

that the appeal be dismissed. It is further ORDERED that this decision be certified 

below for observance.

Judgment rendered March 12, 2015.

Judgment rendered by panel consisting of Justices Keyes, Bland, and Massengale.
1

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

)

DISPLAY TECHNOLOGIES, LLC )

)

Plaintiff, )

)

v. ) C.A. No. 2:23-cv-00591

)

SIRIUS XM RADIO INC., ) JURY TRIAL DEMANDED

)

Defendant. )

)

UNOPPOSED MOTION FOR ENTRY OF PROTECTIVE ORDER

Defendant Sirius XM Radio Inc. (“SXM”) files this Unopposed Motion for Entry of 

Protective Order. The Parties have conferred and agreed upon the Protective Order. Therefore, 

SXM respectfully requests that the Court approve and enter same, a copy of which is attached 

hereto for the Court’s entry.

Case 2:23-cv-00591-JRG-RSP Document 26 Filed 04/15/24 Page 1 of 3 PageID #: 390
2

Dated: April 15, 2024 Respectfully submitted,

/s/ Mark A. Baghdassarian

Mark A. Baghdassarian

Shannon Hedvat

Jeffrey Coleman

mbaghdassarian@kramerlevin.com

shedvat@kramerlevin.com

jcoleman@kramerlevin.com

KRAMER LEVIN NAFTALIS & 

FRANKEL LLP

1177 Avenue of the Americas

New York, NY 10036

Tel: (212) 715-9100

Fax: (212) 715-8000

Melissa R. Smith

Texas Bar No. 24001351

GILLAM & SMITH, LLP

303 South Washington Avenue

Marshall, Texas 75670

Telephone: (903) 934-8450

Facsimile: (903) 934-9257

Email: melissa@gillamsmithlaw.com

Counsel for Defendant Sirius XM Radio 

Inc.

Case 2:23-cv-00591-JRG-RSP Document 26 Filed 04/15/24 Page 2 of 3 PageID #: 391
3

CERTIFICATE OF CONFERENCE

The undersigned hereby certifies that counsel for Defendant met and conferred with 

counsel for Plaintiff to discuss the substantive issues addressed in this Motion pursuant to Local 

Rule CV-7(i). Counsel for Plaintiff indicated that Plaintiff does not oppose the relief sought in this 

Motion.

/s/ Melissa R. Smith

 Melissa R. Smith

CERTIFICATE OF SERVICE

I certify that on April 15, 2024, I electronically filed the foregoing with the Clerk of the 

Court using the CM/ECF system which will send notification of such filing to all counsel of record.

/s/ Melissa R. Smith

 Melissa R. Smith

Case 2:23-cv-00591-JRG-RSP Document 26 Filed 04/15/24 Page 3 of 3 PageID #: 392
```
 
 
MSCI EAFE MINI INDEX - NYSE LIFFE                                    Code-244041
OPTION AND FUTURES COMBINED POSITIONS AS OF 03/12/13          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
(MSCI EAFE INDEX X $50)                              OPEN INTEREST:      107,707
COMMITMENTS
  25,388    4,791    1,792   74,436   98,007  101,616  104,590    6,091    3,117

CHANGES FROM 03/05/13 (CHANGE IN OPEN INTEREST:     17,655)
     399      -34      822   15,216   15,908   16,437   16,696    1,218      959

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
    23.6      4.4      1.7     69.1     91.0     94.3     97.1      5.7      2.9

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:       70)
      10        5        6       39       32       52       40
 
 
MSCI EMERGING MKTS MINI INDEX - NYSE LIFFE                           Code-244042
OPTION AND FUTURES COMBINED POSITIONS AS OF 03/12/13          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
(MSCI EAFE INDEX X $50)                              OPEN INTEREST:      229,533
COMMITMENTS
  63,868   28,417   10,814  128,536  175,792  203,218  215,023   26,315   14,510

CHANGES FROM 03/05/13 (CHANGE IN OPEN INTEREST:     35,677)
    -377    1,147    6,437   21,909   18,817   27,969   26,401    7,708    9,276

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
    27.8     12.4      4.7     56.0     76.6     88.5     93.7     11.5      6.3

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      145)
      40       18       12       69       47      116       70
```

----

Updated March 15, 2013
-1-

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

VIRTAMOVE, CORP.,

Plaintiff,

v.

HEWLETT PACKARD ENTERPRISE

COMPANY,

Defendant.

§

§

§

§

§

§

§

§

§

§

Case No. 2:24-cv-00093-JRG

(Lead Case) 

JURY TRIAL DEMANDED

VIRTAMOVE, CORP.,

Plaintiff,

v.

INTERNATIONAL BUSINESS 

MACHINES

CORP.,

Defendant.

§

§

§

§

§

§

§

§

§

§

Case No. 2:24-CV-00064-JRG

(Member Case) 

JURY TRIAL DEMANDED

ORDER GRANTING PLAINTIFF VIRTAMOVE, CORP.’S OPPOSITION TO 

IBM CORP.’S MOTION TO TRANSFER (DKT. 78)

Before the Court is IBM Corp.’s Motion to Transfer. The Court, having considered 

Defendant’s Motion, Plaintiff’s Opposition, and Defendant’s Reply, is of the opinion that 

Defendant’s Motion should be DENIED. 

IT IS THEREFORE ORDERED that Defendant International Business Machines Corp.’s 

Motion to Transfer is DENIED.

Case 2:24-cv-00093-JRG Document 82-20 Filed 09/20/24 Page 1 of 1 PageID #: 4026
```
 
 
VIX FUTURES - CBOE FUTURES EXCHANGE                                  Code-1170E1
FUTURES ONLY POSITIONS AS OF 12/31/13                         |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  LONG  | SHORT  |SPREADS |  LONG  | SHORT  |  LONG  | SHORT  |  LONG  | SHORT
--------------------------------------------------------------------------------
($1000 X INDEX)                                      OPEN INTEREST:      349,696
COMMITMENTS
 113,282  153,274   77,969  139,181   95,542  330,432  326,785   19,264   22,911

CHANGES FROM 12/24/13 (CHANGE IN OPEN INTEREST:     -4,577)
   1,640    3,507   -5,735     -575   -2,912   -4,670   -5,140       93      563

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADERS
    32.4     43.8     22.3     39.8     27.3     94.5     93.4      5.5      6.6

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      155)
      50       54       60       33       30      115      125
```

----

Updated January 6, 2014
Gabriel L. ROMAN, Petitioner, v. Sarah H. KIM, et al.

No. 19-7990.

Supreme Court of the United States.

May 18, 2020

Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District denied.