alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
STATE of North Carolina v. Lee Wayne HUNT,

No. 565P07.

Supreme Court of North Carolina.

February 25, 2008.

Richard A. Rosen, I. Beverly Lake, Jr., for Hunt.

Steven M. Arbogast, Special Deputy Attorney General, Edward W. Grannis, Jr., District Attorney, for State of NC.

*ORDER*

This matter having come before this Court on defendant's Motion to Review Pursuant to Rule 2, this Court notes that defendant was convicted and sentenced to life imprisonment at a time when such cases were directly appealable to the Supreme Court of North Carolina. Accordingly, this Court has jurisdiction to consider defendant's petition, which we treat as a Petition for Writ of Certiorari. As such, defendant's Petition for Writ of Certiorari is denied. The State's Motion to Dismiss Petition for Review Under Rule 2 is dismissed as moot. The State's Motion to Deny Defendant's Motion for Petition for Writ of Certiorari is dismissed as moot.

By order of the Court in Conference, this 24th day of January, 2008.
# C_2023035EN.01006902.xml

| 30.1.2023 | EN | Official Journal of the European Union | C 35/69 |
| --- | --- | --- | --- |

30.1.2023

EN

Official Journal of the European Union

C 35/69

---

Action brought on 14 November 2022 — Newco v Commission

(Case T-717/22)

(2023/C 35/90)

Language of the case: Portuguese

Parties

Applicant: Newco Corporate Services, SA (Zona Franca da Madeira) (Funchal, Portugal) (represented by: A. Ferreira Correia and R. da Palma Borges, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:

| — | annul the contested decision in respect of Articles 1 and 4; |
| --- | --- |

—

annul the contested decision in respect of Articles 1 and 4;

| — | order the defendant institution to pay the costs. |
| --- | --- |

—

order the defendant institution to pay the costs.

Pleas in law and main arguments

In support of the action brought against Commission Decision (EU) 2022/1414 of 4 December 2020 on aid scheme SA.21259 (2018/C) (ex 2018/NN) implemented by Portugal for Zona Franca da Madeira (ZFM) — Regime III (notified under document C(2020) 8550) (OJ 2022 L 217, p. 49), the applicant relies on four pleas in law that are, essentially, identical or similar to those relied on in Case T-702/22, TA v Commission.

---
| COMPUTATION OF PER SHARE EARNINGS                               |
|-----------------------------------------------------------------|
| (Dollars in thousands)                                          |
|                                                                 |
|                                                                 | For the three months ended |
|                                                                 | September 30, 2003 | September 30, 2002 |
|                                                                 |  |  |  |  |  |  |
|                                                                 | Income | WeightedAverageShares | Per shareAmount | Income | WeightedAverageShares | Per shareAmount |
| Basic EPS                                                       |  |  |  |  |  |  |
|     Income available to common shareholders | $946 | $1,326,477 | $0.71 | $649 | $1,339,331 | $0.48 |
|                                                                 |  |  |  |  |  |  |
| Effect of dilutive securities                                   |  |  |  |  |  |  |
|     Options                                 |  | 56,155 |  |  | 44,789 |  |
|                                                                 |  |  |  |  |  |  |
| Diluted EPS                                                     |  |  |  |  |  |  |
|     Income available to common shareholders | 946 | 1,382,632 | $0.68 | 649 | 1,384,120 | $0.47 |
|                                                                 |  |  |  |  |  |  |
|                                                                 |  |  |  |  |  |  |
|                                                                 |  |  |  |  |  |  |
|                                                                 |  |  |  |  |  |  |
|                                                                 |  |  |  |  |  |  |
|                                                                 |  |  |  |  |  |  |
|                                                                 | For the nine months ended |
|                                                                 | September 30, 2003 | September 30, 2002 |
| Basic EPS                                                       |  |  |  |  |  |  |
|     Income available to common shareholders | 2,356 | 1,323,224 | $1.78 | 2,074 | 1,336,499 | $1.55 |
|                                                                 |  |  |  |  |  |  |
| Effect of dilutive securities                                   |  |  |  |  |  |  |
|     Options                                 |  | 52,577 |  |  | 42,203 |  |
|                                                                 |  |  |  |  |  |  |
| Diluted EPS                                                     |  |  |  |  |  |  |
|     Income available to common shareholders | $2,356 | $1,375,801 | $1.71 | $2,074 | $1,378,702 | $1.50 |
|                                                                 |  |  |  |  |  |  |
# Commission Regulation (EU) No 346/2014Show full title

Commission Regulation (EU) No 346/2014 of 1 April 2014 establishing a temporary prohibition of fishing for redfish in NAFO            3M area by vessels flying the flag of a Member State of the European Union         

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U.K.

# Commission Regulation (EU) No 346/2014                     

# of 1 April 2014

# establishing a temporary prohibition of fishing for redfish in NAFO 3M area by vessels flying the flag of a Member State of                        the European Union                     

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring                           compliance with the rules of the common fisheries policy(1), and in particular Article 36(2) thereof,                        

Whereas:

(1)Council Regulation (EU) No 43/2014 of 20 January 2014 fixing for 2014 the fishing opportunities for certain fish stocks and                              groups of fish stocks, applicable in Union waters and, to Union vessels, in certain non-Union waters(2), lays down quotas for 2014.

(2)According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation                              by vessels flying the flag of or registered in the European Union have exhausted the mid-term quota allocated for the period                              before 1 July 2014.

(3)It is therefore necessary to prohibit directed fishing activities for that stock until 30 June 2014.

HAS ADOPTED THIS REGULATION:

## Article 1U.K.Quota exhaustion

The fishing quota allocated to the Member States referred to in the Annex to this Regulation for the stock referred to therein                     for the period from 1 January 2014 until 30 June 2014 included shall be deemed to be exhausted from the date set out in that                     Annex.                  

## Article 2U.K.Prohibitions

Directed fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered                     in the Member States referred to therein shall be prohibited from the date set out in that Annex until 30 June 2014 included.                  

## Article 3U.K.Entry into force

This Regulation shall enter into force on the day following that of its publication in the *Official Journal of the European Union*.                  

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 1 April 2014.

*For the Commission*                            

*On behalf of the President,*                            

Lowri Evans                            

*Director-General for Maritime Affairs and Fisheries*                            

## ANNEXU.K.

1

OJ L 343, 22.12.2009, p. 1.                           

2

OJ L 24, 28.1.2014, p. 1.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AND THE CONSOLIDATED STATEMENT OF INCOME FOR
THE PERIOD ENDED JUNE 30, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               JUN-30-1997
<CASH>                                       4,538,000
<SECURITIES>                                 4,668,000
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                 10,676,000
<CURRENT-ASSETS>                            25,807,000
<PP&E>                                     134,876,000
<DEPRECIATION>                               3,350,000
<TOTAL-ASSETS>                             170,882,000
<CURRENT-LIABILITIES>                       12,486,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       120,000
<OTHER-SE>                                 144,201,000
<TOTAL-LIABILITY-AND-EQUITY>               170,882,000
<SALES>                                     26,557,000
<TOTAL-REVENUES>                            26,557,000
<CGS>                                        4,904,000
<TOTAL-COSTS>                               19,464,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             386,000
<INCOME-PRETAX>                              7,467,000
<INCOME-TAX>                                 2,837,000
<INCOME-CONTINUING>                          4,630,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 4,630,000
<EPS-PRIMARY>                                    $0.38
<EPS-DILUTED>                                    $0.38
        


</TABLE>
DOTSON v. DAVIS.

No. COA07-789.

Court of Appeals of North Carolina.

Filed April 1, 2008.

Certification Date April 21, 2008.

Appeal from the Watauga (06CVS183).

Cases Reported Without Published Opinion. Reversed.
STATE of North Carolina v. Alfonza Dawnta COLTRANE.

No. 428P07.

Supreme Court of North Carolina.

March 6, 2008.

Anne Bleyman, for Coltrane.

Tracy Curtner, Assistant Attorney General, Garland N. Yates, District Attorney, for State of NC.

*ORDER*

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Defendant on the 30th day of August 2007 in this matter pursuant to G.S. 7A-30 (substantial constitutional question), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is

"Dismissed ex mero motu by order of the Court in conference, this the 6th day of March 2008."

Upon consideration of the petition filed on the 30th day of August 2007 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

*56"Denied by order of the Court in conference, this the 6th day of March 2008."
EXHIBIT 32.1

CERTIFICATION

I, Vicente Anido, Jr., Ph.D., hereby certify pursuant to Rule 13a-14(b) or Rule 15d-14(b) of the
Securities Exchange Act of 1934 and 18 U.S.C. Section 1350, that the Quarterly Report of ISTA Pharmaceuticals, Inc. on Form 10-Q for the quarterly period ended March 31, 2009 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 Quarterly Report on Form 10-Q for the period ended March 31, 2009 fairly presents in all material respects the financial condition and results of operations of
ISTA Pharmaceuticals, Inc.



|                   |  |  |  |                                      
|------------------ |  |  |  | -------------------------------------
|                   |  | 
|Date: May 12, 2009 |  |  |  | /s/ Vicente Anido, Jr., Ph.D.        
|                   |  |  |  | Vicente Anido, Jr., Ph.D.            
|                   |  |  |  | President and Chief Executive Officer

This certification accompanies the Quarterly Report pursuant to Rule 13a-14(b) or Rule 15d-14(b) under the
Securities Exchange Act of 1934 and 18 U.S.C. Section 1350 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934.
WINROW v. DISCOVERY INS. CO.

No. COA06-1681.

Court of Appeals of North Carolina.

Filed March 4, 2008.

Certification Date March 24, 2008.

Appeal from Pasquotank (04CVD525).

Case reported without published opinion. Affirmed.
STATE v. FLEMING.

No. COA07-1299.

Court of Appeals of North Carolina.

Filed August 19, 2008.

Certification Date September 8, 2008.

Appeal from Wayne (05CRS56762, 05CRS56763, 05CRS9730).

Case reported without published opinion. No error in part; reversed in part.
STATE v. BROWN

No. COA07-130

Court of Appeals of North Carolina.

Filed February 19, 2008.

Certification Date March 10, 2008.

Appeal from Northampton (02CRS51359, 03CRS625, 03CRS626, 03CRS627, 05CRS2).

Decision without published opinion. No prejudicial error.
STATE v. RAVIT.

No. COA07-1553.

Court of Appeals of North Carolina.

Filed July 1, 2008.

Certification Date July 21, 2008.

Appeal from Guilford (05CRS24220, 05CRS24221).

Case reported without published opinion. Affirmed.
Exhibit 31.2
**CERTIFICATION**
I, Bary G. Bailey, Chief Financial Officer, certify that:
     1. Ihave reviewed this quarterly report on Form 10-Q of ValeantPharmaceuticals International;
     2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this report;
     3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the registrantas of, and for, the periods presented in this report;
     4. The registrant’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
          (a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this report is being prepared;
          (b) Evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and
          (c) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s mostrecent fiscal quarter (the registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting;and
     5. The registrant’s other certifying officer(s) and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of registrant’sboard of directors (or persons performing the equivalent functions):
          (a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record, process,summarize and report financial information; and
          (b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.        Date: May 10, 2004 /s/ BARY G. BAILEY   **Bary G. Bailey**   **Executive Vice President andChief Financial Officer**
EXHIBIT 10.22

                              AMENDMENT TWO TO THE
                         CLUB CORPORATION INTERNATIONAL
                           EXECUTIVE STOCK OPTION PLAN

Amendment made this 14th day of April, 1998, to the  Club Corporation
International Executive Stock Option Plan (the "Plan") by Club Corporation
International ("ClubCorp").

                              W I T N E S S E T H:
                              -------------------

     WHEREAS, ClubCorp established the Plan, effective August 31, 1995; and

     WHEREAS, pursuant to Section 9 of the Plan, ClubCorp has the right to amend
the Plan; and

     WHEREAS, ClubCorp desires to amend the Plan to accelerate the period for
full vesting of Options under the Plan.

     NOW THEREFORE, pursuant to its authority under Section 9 of the Plan,
ClubCorp hereby amends the Plan, effective April 14, 1998, as follows:

1.     Existing Section 6.5(iv) is deleted in its entirety and the following is
substituted in its place:

     "(iv) the end of ten (10) years from the date the Option is granted."

     IN WITNESS WHEREOF, this Amendment has been executed by the person duly
authorized by ClubCorp on the day and year first above written.

    
CLUB CORPORATION INTERNATIONAL

By:   /s/ Terry A. Taylor
      -------------------

Its:  Senior Vice President
      ---------------------
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          15,979
<SECURITIES>                                         0
<RECEIVABLES>                                    4,694
<ALLOWANCES>                                     (307)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                20,763
<PP&E>                                           3,276
<DEPRECIATION>                                 (1,434)
<TOTAL-ASSETS>                                  40,557
<CURRENT-LIABILITIES>                            7,434
<BONDS>                                              0
<PREFERRED-MANDATORY>                              880<F1>
<PREFERRED>                                          0
<COMMON>                                        22,182<F2>
<OTHER-SE>                                       8,537
<TOTAL-LIABILITY-AND-EQUITY>                    40,557
<SALES>                                         40,227
<TOTAL-REVENUES>                                40,227
<CGS>                                           23,828
<TOTAL-COSTS>                                   23,828
<OTHER-EXPENSES>                                 9,674
<LOSS-PROVISION>                                   300
<INTEREST-EXPENSE>                               (687)
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<INCOME-TAX>                                     3,544
<INCOME-CONTINUING>                              3,923
<DISCONTINUED>                                       0
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<CHANGES>                                            0
<NET-INCOME>                                     3,923
<EPS-PRIMARY>                                     1.18
<EPS-DILUTED>                                     1.18
<FN>
<F1>REDEEMABLE VOTING LLC UNITS
<F2>VOTING LLC UNITS
</FN>
        

</TABLE>
Christopher P. STARK v. Janaki RATASHARA.

No. 353A04-4.

Supreme Court of North Carolina.

March 6, 2008.

Christopher Paul Stark, Pro Se.

R. Michael Bruce, Danbury, for Ratashara-Stark.

*ORDER*

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Plaintiff on the 4th day of February 2008 in this matter pursuant to G.S. 7A-30 (substantial constitutional question), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is

"Dismissed ex mero motu by order of the Court in conference, this the 6th day of March 2008."

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Plaintiff on the 12th day of February 2008 in this matter pursuant to G.S. 7A-30 (substantial constitutional question), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is

"Dismissed ex mero motu by order of the Court in conference, this the 6th day of March 2008."
STATE v. BUCK.

No. COA07-169.

Court of Appeals of North Carolina.

Filed December 18, 2007

Certification Date January 7, 2008.

Appeal from Carteret (04CRS 1099).

Decision without published opinion. No error.
#### Leticia Joaquin et al., Respondents, v Fabio Munoz, Appellant.

[798 NYS2d 913]

In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Richmond County (Maltese, J.), dated March 19, 2004, as denied his motion for summary judgment dismissing the complaint on the ground that the plaintiff Leticia Joaquin did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and granted that branch of the plaintiffs’ cross motion which was for leave to serve an amended bill of particulars.

*350Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in granting the plaintiffs leave to serve an amended bill of particulars to include allegations of a new injury *(see Jones v Lynch,*298 AD2d 499 [2002]; *Loadholt v Rams Beer & Soda,*273 AD2d 446 [2000]; *Chiapperini v Grossinger’s Hotel,*176 AD2d 1048 [1991]).

The defendant’s remaining contention is without merit. Krausman, J.P., Luciano, Mastro and Lifson, JJ., concur.