alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
JUDGMENT OF THE CIVIL SERVICE TRIBUNAL

(Third Chamber)

11 December 2008

Case F-92/07

**Pascal Evraets**

**v**

**Commission of the European Communities**

(Civil service – Officials – Promotion – 2006 promotion procedure – Ability to work in a third language)

**Application:**brought under Articles 236 EC and 152 EA, in which Mr Evraets seeks, in particular, annulment of the decision not to promote
him for the 2006 promotion procedure.

**Held:**The decision not to promote the applicant for the 2006 promotion procedure is annulled. The Commission is ordered to bear
its own costs and to pay the costs of the applicant. The Council of the European Union, which intervened in support of the
Commission, is to bear its own costs.

**Summary**

1.      *Procedure – Application initiating proceedings – Formal requirements – Contested act not produced*

*(Statute of the Court of Justice, Art. 21; Rules of Procedure of the Court of First Instance, Art. 44(3) to (6))*

2.      *Officials – Promotion – Conditions – Demonstration of ability to work in a third language*

*(Staff Regulations, Art. 45(2); Annexes III, Art. 7, and XIII, Art. 11)*

1.      Where an applicant has failed to annex the contested decision to his application and the Registrar, contrary to Article 44(6)
of the Rules of Procedure of the Court of First Instance, has not invited him to rectify that omission, the Community judicature
cannot deny him the opportunity to do so by declaring his action inadmissible for failure to comply with the conditions of
Article 44(4) of those Rules of Procedure.

(see para. 21)

See:

F-48/06 *Avanzata and Others* v *Commission* [2008] ECR-SC I A‐0000 and II‐A‐0000, paras 49 and 50

2.      Article 45(2) of the Staff Regulations, in the version resulting from Regulation No 723/2004 amending the Staff Regulations
of Officials and the Conditions of employment of other servants, which requires officials to demonstrate, before their first
promotion, their ability to work in a third language, applies only from the entry into force of the joint implementing provisions
adopted by the institutions by mutual agreement.

Since the legislature has, in any event, under Article 11 of Annex XIII to the Staff Regulations, precluded its application
to promotions that take effect prior to 1 May 2006, Article 45(2) cannot be applied prior to the entry into force of those
joint implementing provisions under the terms required by the legislature, that is to say, with a guarantee that it will be
uniformly applied in the different institutions, and with a connection between this new requirement under the Staff Regulations
and the opportunity for officials to have training in a third language. Thus an institution cannot apply that article of the
Staff Regulations according to rules which it alone has laid down.

(see paras 35-38)
*

Honorable Timothy D. DeGiusti, District Judge for the Western District of

Oklahoma, sitting by designation.

FILED

United States Court of Appeals

Tenth Circuit

October 16, 2008

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

HAKIM ABID; ALLISON ABID,

Plaintiff - Appellees,

v.

QFA ROYALTIES LLC,

Defendant - Appellant.

No. 07-1235

(D. Ct. No. 06-cv-02528-JLK-BNB)

(D. Colo.)

ORDER

Before TACHA, HARTZ, and DeGIUSTI,

*

 Circuit Judges.

This matter is before the court on the defendant-appellant’s motion to dismiss its

appeal regarding the preliminary injunction entered by the district court. This court

agrees with the defendant that the appeal is now moot. Therefore, the appeal is

DISMISSED, and this matter is REMANDED to the district court for determination of 
- 2 -

whether the injunction should be vacated. A copy of this order shall stand as the mandate

of this court.

ENTERED FOR THE COURT,

Deanell Reece Tacha

Circuit Judge
1

The Honorable Rodney S. Webb, United States District Judge for the District

of North Dakota.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 07-1527

___________

United States of America, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the

* District of North Dakota.

Kristopher Kai Hamberg, *

* [UNPUBLISHED]

Appellant. *

___________

Submitted: September 25, 2008

Filed: September 30, 2008

___________

Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges.

___________

PER CURIAM.

Kristopher Hamberg appeals the district court’s1

 post-judgment order partially

denying his motion to set aside a protective order. As a threshold matter, we conclude

that Hamberg’s motion to set aside the protective order was civil in nature, and thus

his notice of appeal was timely filed. See Fed. R. App. P. 4(a)(1)(B) (in civil case,

when United States is party, time to file NOA is 60 days after entry of judgment or

order being appealed); cf. United States v. Miramontez, 995 F.2d 56, 58 (5th Cir.

1993) (defendant’s post-judgment request for disclosure of grand jury transcripts was
-2-

civil in nature because, inter alia, criminal conviction had long been final and stated

purpose of request was need for materials to file civil habeas petition). 

Upon review, we conclude that the types of issues raised in Hamberg’s motion

are more appropriately addressed in a collateral proceeding under 28 U.S.C. § 2255.

Accordingly, we modify the district court’s order to be without prejudice, and we

affirm the order as modified.

______________________________
# C_2010037EN.01003701.xml

| 13.2.2010 | EN | Official Journal of the European Union | C 37/37 |
| --- | --- | --- | --- |

13.2.2010

EN

Official Journal of the European Union

C 37/37

---

Order of the General Court of 9 December 2009 — Deltalinqs and SVZ v Commission

(Case T-481/07) (1)

1

(State aid - System of aid granted by the Belgian authorities in support of inter-modal transport by inland waterways - Decision of the Commission not to object - Action for annulment brought by associations representing the interests of undertakings established in the port area of Rotterdam - Absence of any significant effect on a competitive position - Manifest inadmissibility)

2010/C 37/50

Language of the case: Dutch

Parties

Parties

Applicants: Deltalinqs (Rotterdam, Netherlands) and SVZ, Havenondernemersvereninging Rotterdam (Rotterdam) (represented by: M. Meulenbelt, lawyer)

Applicants:

Defendant: European Commission (represented by: G. Conte and S. Noë, acting as Agents)

Defendant:

Interveners in support of the form of order sought by the defendant: Vlaams Gewest (Brussels, Belgium) and Waterwegen en Zeekanaal NV (Willebroek, Belgium) (represented by: Y. van Gerven, lawyer)

Interveners in support of the form of order sought by the defendant:

Re:

Re:

Annulment of Commission Decision C (2007) 1939 final of 10 May 2007 not to object, following the preliminary examination procedure laid down in Article 88(3) EC, to the system of aid envisaged by the Vlaams Gewest (Flemish Region, Belgium) in support of inter-modal transport via inland waterways (State aid N 682/2006 — Belgium)

Operative part of the order

Operative part of the order

| 1. | The action is dismissed as manifestly inadmissible. |
| --- | --- |

1.

The action is dismissed as manifestly inadmissible.

| 2. | Deltaqings and SVZ, Havenondernemersvereninging Rotterdam shall bear their own costs and those incurred by the Commission. |
| --- | --- |

2.

Deltaqings and SVZ, Havenondernemersvereninging Rotterdam shall bear their own costs and those incurred by the Commission.

| 3. | Vlaams Gewest and Waterwegen en Zeekanaal NV shall bear their own costs. |
| --- | --- |

3.

Vlaams Gewest and Waterwegen en Zeekanaal NV shall bear their own costs.

---

(1)  OJ C 64, 8.3.2008.

1

---
[Federal Register Volume 70, Number 180 (Monday, September 19, 2005)]
[Notices]
[Page 54925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18559]


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

FEDERAL RESERVE SYSTEM


Federal Open Market Committee; Domestic Policy Directive of 
August 9, 2005

    In accordance with Sec.  271.25 of its rules regarding availability 
of information (12 CFR part 271), there is set forth below the domestic 
policy directive issued by the Federal Open Market Committee at its 
meeting held on August 9, 2005.\1\
---------------------------------------------------------------------------

    \1\ Copies of the Minutes of the Federal Open Market Committee 
Meeting on August 9, 2005, which includes the domestic policy 
directive issued at the meeting, are available upon request to the 
Board of Governors of the Federal Reserve System, Washington, DC 
20551. The minutes are published in the Federal Reserve Bulletin and 
in the Board's annual report.
---------------------------------------------------------------------------

    The Federal Open Market Committee seeks monetary and financial 
conditions that will foster price stability and promote sustainable 
growth in output. To further its long-run objectives, the Committee in 
the immediate future seeks conditions in reserve markets consistent 
with increasing the federal funds rate to an average of around 3\1/2\ 
percent.
    The vote encompassed approval of the paragraph below for inclusion 
in the statement to be released shortly after the meeting:
    ``The Committee perceives that, with appropriate monetary policy 
action, the upside and downside risks to the attainment of both 
sustainable growth and price stability should be kept roughly equal. 
With underlying inflation expected to be contained, the Committee 
believes that policy accommodation can be removed at a pace that is 
likely to be measured. Nonetheless, the Committee will respond to 
changes in economic prospects as needed to fulfill its obligation to 
maintain price stability.''

    By order of the Federal Open Market Committee, September 6, 
2005.
Vincent R. Reinhart,
Secretary, Federal Open Market Committee.
[FR Doc. 05-18559 Filed 9-16-05; 8:45 am]
BILLING CODE 6210-01-P
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Environmental Protection Agency

          - [OECA-2005-0014; FRL-7969-4] 

# AGENCY:

Environmental Protection Agency (EPA). 

# ACTION:

Notice; correction. 

# SUMMARY:

                        The Environmental Protection Agency published a document in the                         **Federal Register**                         of August 31, 2005, concerning request for comments on guidance requirements for state reporting (State Review Framework). The document contained incorrect dates and incorrect summary language.                     

# FOR FURTHER INFORMATION CONTACT:

Arthur Horowitz, (202) 564-2612. 

## Corrections 

                        In the                         **Federal Register**                         of August 31, 2005, in FR Doc. 05-17361, on page 51779, at the top of the second column, correct the                         **SUPPLEMENTARY INFORMATION**                         caption to read:                     

Any comments related to this ICR should be submitted to EPA within 30 days of this notice. 

                        In the                         **Federal Register**                         of August 31, 2005, in FR Doc. 05-17361, on page 51778, in the last column, correct the                         **SUMMARY**                         caption to read:                     

# SUMMARY:

                        In compliance with the Paperwork Reduction Act (44 U.S.C. 3501*et seq.*), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request for a new collection. This ICR describes the nature of the information collection and its estimated burden and cost.                     

Dated: September 6, 2005. 

Oscar Morales, 

Director, Collection Strategies Division. 

[FR Doc. 05-18709 Filed 9-19-05; 8:45 am] 

BILLING CODE 6560-50-P
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION

November 7, 2008 Revision

Cause number: 01-11-00258-CR

Style: Jeremy Thomas v. The State of Texas

Date motion filed*: March 5, 2015

Type of motion: State’s Third Motion for Extension of Time to File Appellate Brief

Party filing motion: Appellee

Document to be filed: Appellee’s brief

Is appeal accelerated? No.

If motion to extend time:

Original due date: December 12, 2014

Number of extensions granted: 2 Current Due date: March 4, 2015

Date Requested: March 31, 2015

Ordered that motion is:

 Granted

If document is to be filed, document due:

 No further extensions of time will be granted

 Denied

 Dismissed (e.g., want of jurisdiction, moot)

 Other: _____________________________________ 

Given the notice from the Clerk of Court on 2/5/15 granting appellee’s second motion 

for an extension advised appellee that no further extensions would be granted, we 

DENY appellee’s third motion for a 4-week extension of time to file appellee’s 

brief. If the appellee’s brief is not filed within 7 days from the date of this order, the

case may be considered on the appellant’s brief only. See TEX. R. APP. P. 38.9(a).

Judge’s signature: /s/ Evelyn V. Keyes

  Acting individually 

Date: March 19, 2015
I 

113TH CONGRESS 

2D SESSION H. R. 3988 

To supplement the Secretary of the Army’s existing authorities to review 

the operations of reservoirs. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 4, 2014 

Mr. HUFFMAN (for himself, Ms. MATSUI, Mr. GARAMENDI, and Mr. THOMPSON of California) introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To supplement the Secretary of the Army’s existing 

authorities to review the operations of reservoirs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fixing Operations of 

5 Reservoirs to Encompass Climatic and Atmospheric 

6 Science Trends Act’’ or the ‘‘FORECAST Act’’. 

7 SEC. 2. REVIEW OF RESERVOIR OPERATIONS. 

8 (a) IN GENERAL.—Not later than 1 year after a re9 quest of a non-Federal sponsor of a reservoir, the Sec10 retary of the Army, in consultation with the Administrator 


sroberts on DSK5SPTVN1PROD with BILLS
2 

•HR 3988 IH

1 of the National Oceanic and Atmospheric Administration 

2 (NOAA), shall review its operation, including the water 

3 control manual and rule curves, using improved weather 

4 forecasts and run-off forecasting methods, including the 

5 Advanced Hydrologic Prediction System of the National 

6 Weather Service and the Hydrometeorology Testbed pro7 gram of NOAA. 

8 (b) DESCRIPTION OF BENEFITS.—In conducting the 

9 review under subsection (a), the Secretary shall determine 

10 if a change in operations, including the use of improved 

11 weather forecasts and run-off forecasting methods, will 

12 improve one or more of the core functions of the Army 

13 Corps of Engineers, including— 

14 (1) reducing risks to human life, public safety, 

15 property; 

16 (2) reducing the need for future disaster relief; 

17 (3) improving local water storage capability and 

18 reliability in coordination with the non-Federal spon19 sor and other water users; 

20 (4) restoring, protecting, or mitigating the im21 pacts of a water resources development project on 

22 the environment; or 

23 (5) improving fish species habitat or population 

24 within the boundaries and downstream of a water 

25 resources project. 


sroberts on DSK5SPTVN1PROD with BILLS
3 

•HR 3988 IH

1 (c) RESULTS REPORTED.—Not later than 90 days 

2 after completion of the review under this section, the Sec3 retary shall submit a report to Congress regarding the re4 sults of such review. 

5 (d) MANUAL UPDATE.—As expeditiously as prac6 ticable and not later than 3 years after submission of the 

7 report under subsection (c), and pursuant to the proce8 dures required under existing authorities, if the Secretary 

9 determines from the results of the review that using im10 proved weather and run-off forecasting methods improves 

11 one or more core functions of the Army Corps of Engi12 neers at a reservoir, the Secretary shall incorporate such 

13 changes in its operation and update the water control 

14 manual. 

Æ 


sroberts on DSK5SPTVN1PROD with BILLS
Exhibit 31.1



Section 302 Certification of Chief Executive Officer and Chief Financial Officer







I, B. Alva Schoomer, certify that:



1.

I have reviewed this quarterly report on Form 10-Q/A of Innocap, 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 registrant 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 registrant and have:



a)

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



b)

Evaluated the effectiveness of the registrant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 report based on such evaluation; and



c)

Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting.



5.

I have disclosed, based on my most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of registrant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 registrant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 registrants internal control over financial reporting.





Date: August 24, 2005





/s/ B. Alva Schoomer

B. Alva Schoomer

Chief Executive Officer and Chief Financial Officer
<PAGE>

                                                                  Exhibit 10.30


                      THIRD AMENDMENT TO SUBLEASE AGREEMENT


THIS THIRD AMENDMENT is made and entered into this 11Th day of February 1998 by
and between Ancor Communications, Inc., formerly known as Anderson Cornelius
("Sublessee") and Unisys Corporation, formerly known as Burroughs Corporation
("Sublessor").

WHEREAS, by Sublease Agreement dated March 29, 1988, as amended by Sublease
Amendment Agreement dated March 8, 1989 and Sublease Amendment Agreement dated
August 31, 1992 (collectively, the "Sublease"), Sublessee sublet from Sublessor
certain premises consisting of a building of approximately twenty-seven thousand
five hundred sixty (27,560) square feet of rentable space located at 6130 Blue
Circle Drive, Minnetonka, Minnesota 55343 and

WHEREAS, Sublessor and Sublessee desire to extend the term of the Sublease on
the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the covenants, agreements stipulations and
provisions contained herein, to be performed by Sublessor and Sublessee, the
parties do hereby agree as follows:

         1. The term of the Sublease is hereby renewed and extended for a
            further term of twelve (12) months beginning May 1, 1998 and
            expiring April 30, 1999 (the "Renewal Term").

         2. The monthly rental for the Renewal Term shall be Seventeen Thousand
            Two Hundred Twenty-Five and No/100 Dollars ($17,225.00).

         3. Except as modified herein, the Sublease shall remain unchanged and
            in full force and effect and the parties hereby ratify and confirm
            all the terms and conditions thereof.


IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to
Sublease Agreement as of the day and year first above written.


                                   SUBLESSEE:
                                   ANCOR COMMUNICATIONS, INC.
                                   By:  /S/STEVEN E. SNYDER
                                   Its: CFO


                                   SUBLESSOR:
                                   UNISYS CORPORATION
                                   By:  /S/ RICHARD J. L'ECUYER
                                        Corporate Director
                                        Real Estate Operations