alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2009032EN.01003301.xml

| 7.2.2009 | EN | Official Journal of the European Union | C 32/33 |
| --- | --- | --- | --- |

7.2.2009

EN

Official Journal of the European Union

C 32/33

---

Judgment of the Court of First Instance of 16 December 2008 — Focus Magazin Verlag v OHIM — Editorial Planeta (FOCUS Radio)

(Case T-357/07) (1)

1

(Community trade mark - Opposition proceedings - Application for Community word mark FOCUS Radio - Earlier national word marks FOCUS MILENIUM - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2009/C 32/62)

Language of the case: English

Parties

Applicant: Focus Magazin Verlag GmbH (Munich, Germany) (represented by: B. Müller, R. Schweizer and T. Schwarz, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Editorial Planeta, SA (Barcelona, Spain)

Other party to the proceedings before the Board of Appeal of OHIM:

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 30 July 2007 (Case R 269/2005-4) relating to opposition proceedings between Editorial Planeta, SA, and Focus Magazin Verlag GmbH.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Focus Magazin Verlag GmbH to pay the costs. |
| --- | --- |

2.

Orders Focus Magazin Verlag GmbH to pay the costs.

---

(1)  OJ C 269, 10.11.2007.

1

---
**Exhibit 10.1**

June 27, 2000

John R. Beighley12680 Brookglen CourtSaratoga, CA 95070

Dear John:

The following is yourcompensation package as the Acting Division President of SATCOM, plus continuingas Corporate V.P. Sales.

·        **Base Salary:**

Bi-weekly base salary of $2,519.25 ($131,000.00 peryear). This is unchanged from your previousbase salary. In addition, beginning August 1, 2000, and every two months untilthe SATCOM position is converted to a permanent one, or you return to yourCorporate Sales duties, you will be awarded a $2,000 ECAP.

·      **Incentive Compensation:**

For the balance of FY 2000 yourMIP compensation will remain the plan you are under as Vice President ofCorporate Sales.

·      **Executive Car Program:**

Participation in the company’sExecutive Car Program at the current FY level with the added feature ofannual maintenance

·      **Insurance:**

BusinessTravel:

3 XBase up to $1M (Regular death)

6 X Base up to $1M (Death by air)

SpecialDeath Benefit:

2 X Weekly earnings, plus oneadditional day for every year of completed service

·      **401K Plan:**

·     Participationin a defined contribution plan (Qualified and Non-Qualified)

·     Employeecontribution rate of 0-18% base pay pre-post tax

·     Companycontribution rate of 4.75% of base salary to the Qualified Plan

·      Company contribution rate of an additional 4.75%of employee base over social security wagebase to the Non-Qualified Plan – made annually at calendar year-end (plandetail to follow)

·      **Executive Physical:**

Eligible to participate in theExecutive Physical Program with reimbursement of up to $600 annually.This is a new benefit extended to Division Presidents.

----

·      **SeveranceAgreement:**

Employment with the Company willbe “at will”, meaning that your employment with the Company may be terminatedat any time for any reason. As described below, however, you will be entitledto the following in the event you are terminated without “cause”:

**Base**

Guaranteed - 6 monthsContingent – 6 months

**Benefits**

Full medical and dental coverageat normal employee COBRA contribution rates, for 18 months

**MIP**

100% of the award that wouldhave otherwise been earned

**Car**

Retain through severance period

**Outplacement**

Twelve month outplacementExecutive Service with Lee Hecht Harrison

In order to receive theforegoing you shall execute a general release in favor of CPI.

John, I sincerely believe thatCommunications & Power Industries will continue to provide the challengesand opportunities that you seek and that you will be an asset to ourorganization.

Sincerely,
|   | /s/ Bart Petrini |   |
|--------|------------------|--------|
|   | Bart Petrini     |
|   | CEO              |

 

BP:pgAttachments

Your signature will indicateyour understanding of the terms of employment set forth in this letter. Pleasesign both copies and return one copy.
|        | /s/ John R.  Beighley |   | 6-28-00 |   |
|--------|-----------------------|--------|---------|--------|
|   | John R. Beighley      | Date   |    |

 

----
Exhibit 32.2 

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 on Form 10-Q for the quarter ended September 30, 2016 (the “Report”) of Hercules Capital, Inc. (the “Registrant”), as filed with the Securities and Exchange Commission on the date hereof, I, Mark R. Harris, the Chief Financial Officer of the Registrant, certify, to the best of my knowledge, that: 

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

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

 

| Date: November 3, 2016 | By:    | /S/ MARK R. HARRIS

     |
|------------------------|--------|-------------------------------|
|                   |   | Mark R. Harris                |
|                   |   | Chief Financial Officer       |
|                   |   | (Principal Financial Officer) |
# C_2008285EN.01004102.xml

| 8.11.2008 | EN | Official Journal of the European Union | C 285/41 |
| --- | --- | --- | --- |

8.11.2008

EN

Official Journal of the European Union

C 285/41

---

Order of the Court of First Instance of 10 September 2008 — Serviço Intermunicipalizado de Gestão de Resíduos do Grande Porto (Lipor) v Commission

(Case T-26/07) (1)

1

(Action for annulment - Cohesion Fund - Regulation (EC) No 1164/94 - Reduction of financial assistance - No direct concern - Inadmissibility)

(2008/C 285/76)

Language of the case: Portuguese

Parties

Applicant: Serviço Intermunicipalizado de Gestão de Resíduos do Grande Porto (Lipor) (Baguim do Monte, Portugal) (represented by: P. Moura Pinheiro, M. Gorjão Henriques and F. Quintela, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented by: P. Guerra e Andrade and A. Weimar, Agents)

Defendant:

Re:

Action for annulment of decision C(2006) 5008 of the Commission of 17 October 2006 concerning the reduction of the Cohesion Fund as regards certain projects relating to the factory for the incineration of solid urban waste of household origin in the Region of Porto.

Operative part of the order

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

1.

The action is dismissed as inadmissible;

| 2. | Serviço Intermunicipalizado de Gestão de Resíduos do Grande Porto (Lipor) shall pay its own costs and those incurred by the Commission. |
| --- | --- |

2.

Serviço Intermunicipalizado de Gestão de Resíduos do Grande Porto (Lipor) shall pay its own costs and those incurred by the Commission.

---

(1)  OJ C 82 of 17.4.2007.

1

---
State v. William Edward Godwin, III

167PA16-1

Supreme Court of North Carolina.

December 22, 2016.

Mr. M. Gordon Widenhouse, Jr., Attorney at Law, For Godwin, William Edward (III).

Ms. Teresa L. Townsend, Ms. Kristin Jo Uicker, Assistant Attorney General, Mr. R. Andrew Murray, District Attorney, For State of North Carolina.

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 20th of December 2016 by State of NC:

"Motion Allowed by order of the Court in conference, this the 22nd of December 2016."

State of NC shall have up to and including the 11th day of January 2017 to file and serve his/her brief with this Court.
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-08-00208-CR

______________________________

FELIPE RUBIO GASPAR, Appellant

V.

THE STATE OF TEXAS, Appellee

 

On Appeal from the 336th Judicial District Court

Fannin County, Texas

Trial Court No. 22480

 

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Chief Justice Morriss
2

MEMORANDUM OPINION

Felipe Rubio Gaspar appeals. We have received a motion from counsel asking us to extend

the time for filing his notice of appeal. He states that Gaspar was convicted June 12, 2008, that a

motion for new trial and arrest of judgment was filed, and that appellate counsel was appointed.

Counsel states that he asked the district clerk whether a notice of appeal had been filed and was told

that it had been. However, on October 15, 2008, counsel discovered that no notice of appeal had

been filed, and he filed a notice of appeal October 16, 2008.

With conviction and sentencing occurring June 12, 2008, and with a motion for new trial

being timely filed, the notice of appeal was due to be filed no more than ninety days later, on

September 10, 2008. The rule also provides a fifteen-day grace period, which expired September 25,

2008. See TEX. R. APP. P. 26.2. The information before this Court reflects that no notice of appeal

or motion to extend time was filed until over twenty days after the expiration of the grace period. 

Our jurisdiction over an appeal is circumscribed by statute and rule, and we are not permitted

to engage in actions that will enlarge that jurisdiction. Without a timely filed notice of appeal, this

Court is without jurisdiction. Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993);see Slaton

v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998). Further, courts of appeals may not employ Rule 2

of the Texas Rules of Appellate Procedure to suspend appellate time limits and thus expand our

jurisdiction. Garza v. State, 896 S.W.2d 192 (Tex. Crim. App. 1995); see TEX. R. APP. P. 2.
We are relying on counsel's statements concerning the timing of the events giving rise to the 1

notice of appeal. The relief sought must be granted by the Texas Court of Criminal Appeals.

3

Therefore, based on the information before us, we must conclude the notice of appeal is

untimely.1

We dismiss the appeal for want of jurisdiction.

Josh R. Morriss, III

Chief Justice

Date Submitted: October 22, 2008

Date Decided: October 23, 2008

Do Not Publish
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We hereby consent to the incorporation by reference in the Registration Statements on Form S-3 (Nos. 333-131859, 333-128184, 333-121955, 333-114315, 333-111595, 333-105127, 333-102829, 333-64176,  333-67213, 333-25987 and 333-131859) and Form S-8 (Nos. 333-97719, 333-86817, 333-67223, 333-28403, 333-26557, 333-20939, 333-17209 and 333-136271) of Viewpoint Corporation of our report dated  March 16, 2007 relating to the consolidated financial statements, financial statement schedule, management’s assessment of the effectiveness of internal control over financial reporting and the effectiveness  of internal control over financial reporting, which appears in this Form 10-K.

/s/ PRICEWATERHOUSECOOPERS LLPNew York, New YorkMarch 16, 2007
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-1121

MIRZA MUHAMMAD JAFFER,

Petitioner,

versus

ALBERTO R. GONZALES, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration

Appeals. (A72-166-950)

Submitted: July 18, 2007 Decided: August 1, 2007

Before TRAXLER and GREGORY, Circuit Judges, and WILKINS, Senior

Circuit Judge.

Petition denied by unpublished per curiam opinion.

Mirza Muhammad Jaffer, Petitioner Pro Se. Mona Maria Yousif,

UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for

Respondent.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Mirza Muhammad Jaffer, a native of India and a citizen of

Pakistan, petitions for review of an order of the Board of

Immigration Appeals (“Board”) dismissing his appeal from the

immigration judge’s denial of his motion to reopen immigration

proceedings. We have reviewed the record and the Board’s order and

find that the Board did not abuse its discretion in upholding the

denial of Jaffer’s motion. See 8 C.F.R. § 1003.23(b)(1)(iv)

(2007). Accordingly, we deny the petition for review for the

reasons stated by the Board. See In re: Jaffer, A72-166-950

(B.I.A. Jan. 19, 2007). We dispense with oral argument because the

facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

PETITION DENIED
** **

** **

**Exhibit 23.2**

**Consent of Independent Registered PublicAccounting Firm**

We consent to theincorporation by reference in the following registration statements of ourreport dated March 29, 2004 with respect to the consolidated financialstatements and financial statement schedule as of and for the year endedDecember 31, 2003 of Tripos, Inc., included in the Annual Report (Form 10-K)for the year ended December 31, 2005.

| Form Number | Registration Statement  Number | Description                                                                                                                                                            |
|-------------|--------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Form S-8    | 33-79610                       | Tripos, Inc. 1994  Stock Plan, the Tripos, Inc. 1994 Director Option Plan, and Tripos, Inc. 1994  Employee Stock Purchase Plan                                         |
| Form S-8    | 333-09459                      | Tripos, Inc. 1996  Director Stock Compensation Plan and Tripos, Inc. 1994 Director Option Plan,  amendment                                                             |
| Form S-8    | 333-33163                      | Tripos, Inc. 1996  Director Stock Compensation Plan, amendment, Tripos, Inc. 1994 Stock Option  Plan, amendment, and Tripos, Inc. 1994 Director Option Plan, amendment |
| Form S-8    | 333-61829                      | Tripos, Inc. 1994  Employee Stock Purchase Plan, amendment, and Tripos, Inc. 1994 Stock Option  Plan, amendment                                                        |
| Form S-8    | 333-102015                     | Tripos, Inc. 2002  Employee Stock Purchase Plan                                                                                                                        |
| Form S-8    | 333-102065                     | Tripos, Inc. 1994  Director Option Plan, amendment                                                                                                                     |

                                                                                                                                              /s/Ernst & Young LLP

St. Louis, Missouri                                                                                                              

April 5, 2006

----
# C_2009180EN.01004602.xml

| 1.8.2009 | EN | Official Journal of the European Union | C 180/46 |
| --- | --- | --- | --- |

1.8.2009

EN

Official Journal of the European Union

C 180/46

---

Judgment of the Court of First Instance of 12 June 2009 — Harwin International v OHIM — Cuadrado (Pickwick COLOUR GROUP)

(Case T-450/07) (1)

1

(Community trade mark - Invalidity proceedings - Figurative Community trade mark Pickwick COLOUR GROUP - Earlier national trade marks PicK OuiC and PICK OUIC Cuadrado, S.A. VALENCIA - Request for proof of use - Article 56(2) and (3) of Regulation (EC) No 40/94 (now Article 57(2) and (3) of Regulation (EC) No 207/2009))

2009/C 180/85

Language of the case: English

Parties

Parties

Applicant: Harwin International LLC (Albany, New York, United States) (represented by: D. Przedborski, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Cuadrado, SA (Paterna, Spain)

Other party to the proceedings before the Board of Appeal of OHIM:

Re:

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 10 September 2007 (Case R 1245/2006-2), relating to invalidity proceedings between Cuadrado SA and Harwin International LLC

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 10 September 2007 (Case R 1245/2006-2); |
| --- | --- |

1.

Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 10 September 2007 (Case R 1245/2006-2);

| 2. | Orders OHIM to bear its own costs and pay those incurred by Harwin International LLC. |
| --- | --- |

2.

Orders OHIM to bear its own costs and pay those incurred by Harwin International LLC.

---

(1)  OJ C 37, 9.2.2008.

1

---
Cynthia WALKER, D.D.S., Petitioner v. The NORTH CAROLINA STATE BOARD OF DENTAL EXAMINERS, Respondent

No. 95PA16

Supreme Court of North Carolina.

Filed March 17, 2017

Smith Moore Leatherwood LLP, Raleigh, by Elizabeth Brooks Scherer and Ryan McKaig, for petitioner-appellant.

Ellis & Winters LLP, Raleigh, by Matthew W. Sawchak, Stephen D. Feldman, Troy D. Shelton, and Paul M. Cox ; and Carolin Bakewell, Raleigh, for respondent-appellee.

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., Greensboro, by Clinton R. Pinyan, for North Carolina Board of Pharmacy, amicus curiae.

PER CURIAM.

DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.
# C_2008327EN.01004203.xml

| 20.12.2008 | EN | Official Journal of the European Union | C 327/42 |
| --- | --- | --- | --- |

20.12.2008

EN

Official Journal of the European Union

C 327/42

---

Order of the Court of First Instance of 11 September 2008 — Italy v Commission

(Case T-494/07) (1)

1

(2008/C 327/79)

Language of the case: Italian

Language of the case: Italian

The President of the Second Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 64, 8.3.2008.

1

---
STATE of North Carolina v. Cornelius Demetric GRIFFIN

No. 221P16

Supreme Court of North Carolina.

September 22, 2016

Anne Bleyman, Attorney at Law, for Griffin, Cornelius Demetric.

Olga Vysotskaya de Brito, Assistant Attorney General, Ben R. David, District Attorney, for State of North Carolina.

***ORDER***

Upon consideration of the petition filed on the 7th of June 2016 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:

"Denied by order of the Court in conference, this the 22nd of September 2016."
<PAGE>
                                                                      EXHIBIT 32

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18
U.S.C.Section 1350, as adopted), Jonathan Morgan, Chief Executive Officer of
First Virtual Communications, Inc. (the "Company"), and Truman Cole, Chief
Financial Officer of the Company, each hereby certify that, to the best of their
knowledge:

1.    The Company's Annual Report on Form 10-K for the period ended December 31,
      2003, to which this Certification is attached as Exhibit 99.1 (the "ANNUAL
      REPORT") fully complies with the requirements of section 13(a) or section
      15(d) of the Securities Exchange Act of 1934, and

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

      A signed original of this written statement required by Section 906 has
been provided to the Company and will be retained by the Company and furnished
to the Securities and Exchange Commission ("SEC") or its staff upon request.

      This certification accompanies the Form 10-K to which it relates, is not
deemed filed with the SEC and is not to be incorporated by reference into any
filing of the Company under the Securities Act of 1933, as amended, or the
Securities Exchange Act of 1934, as amended (whether made before or after the
date of the Form 10-K), irrespective of any general incorporation language
contained in such filing.

      IN WITNESS WHEREOF, the undersigned have set their hands hereto as of the
26th day of March, 2004.

                                        /s/Jonathan Morgan
                                        ----------------------------
                                        Jonathan Morgan
                                        Chief Executive Officer

                                        /s/Truman Cole
                                        ----------------------------
                                        Truman Cole
                                        Chief Financial Officer
**Exhibit 32.2**

 

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report of NES Rentals Holdings, Inc.(the “Company”) on Form 10-Q for the quarterly period endingMarch 31, 2004 as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), I, Michael D. Milligan, Chief Financial Officer ofthe Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906of the Sarbanes-Oxley Act of 2002, that, to my knowledge:

 

(1)          The Report fully complies with therequirements of Section 13(a) or 15(d), as applicable, of the SecuritiesExchange Act of 1934; and

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

 
| /s/ MICHAEL D. MILLIGAN |   |
|-------------------------|--------|
|                    |   |
| Michael D. Milligan     |   |
| Chief Financial Officer |   |
| May 17, 2004            |   |

 

----