alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ALLSCRIPTS HEALTHCARE, LLC v. ETRANSMEDIA TECHNOLOGY, INC.

330A16-1

Supreme Court of North Carolina.

November 10, 2016

W. Swain Wood, Attorney at Law, Shannon R. Joseph, Attorney at Law, John T. Kivus, Attorney at Law, Raleigh, Christopher Jackson, Attorney at Law, Greensboro, for Allscripts Healthcare, LLC.

Tracie H. Brisson, Attorney at Law, for Etransmedia Technology, Inc.

*265The following order has been entered on the Motion for Extension of Time to File Brief filed on the 8th of November 2016 by Plaintiff:

"Motion Allowed by order of the Court in conference, this the 9th of November 2016."

Plaintiff shall have up to and including the 21st day of November 2016 to file and serve his/her brief with this Court.
SCAD-21-0000398

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI

OFFICE OF DISCIPLINARY COUNSEL,

Petitioner,

vs.

NOAH D. FIDDLER (HI Bar #3144),

Respondent.

ORIGINAL PROCEEDING

(ODC Case No. 21-0131)

ORDER GRANTING PETITION

(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)

Upon consideration of the July 1, 2021 petition for the

immediate restraint of the license to practice law in this

jurisdiction held by Respondent Noah D. Fiddler, filed by the

Office of Disciplinary Counsel (ODC) pursuant to Rule 2.13 of the

Rules of the Supreme Court of the State of Hawaiʻi (RSCH), this

court notes the exhibits attached to the petition include the

granting on June 9, 2021 by the First Circuit Court, in State of

Hawaiʻi v. Fiddler, No. 1CPC-18-0000632, of Fiddler’s motion for

the deferred acceptance of a guilty plea to five felony counts of

willful failure to collect and pay over a tax, in violation of

HRS § 231-36.4 (2010), and twelve misdemeanor counts of willful

Electronically Filed

Supreme Court

SCAD-21-0000398

16-JUL-2021

01:48 PM

Dkt. 5 OGP
failure to file a return, in violation of HRS § 231-35 (2010),

all of which we conclude were crimes which involved dishonesty.

Therefore, 

IT IS HEREBY ORDERED that ODC’s petition is granted.

IT IS FURTHER ORDERED that Respondent Fiddler is

immediately restrained from the practice of law in this

jurisdiction, pursuant to RSCH Rule 2.13(b), pending final

disposition of a disciplinary proceeding based on the findings of

guilt.

IT IS FURTHER ORDERED that this matter is hereby

referred to the Disciplinary Board of the Hawaiʻi Supreme Court

for institution of formal disciplinary proceedings, to be

convened once these convictions become final, as defined in RSCH

Rule 2.13(d). The sole issue to be determined at those hearings

shall be the discipline to be imposed.

DATED: Honolulu, Hawaiʻi, July 16, 2021.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Michael D. Wilson

/s/ Todd W. Eddins

2
In the MATTER OF: K.D.I.

No. COA16-467

Court of Appeals of North Carolina.

Filed: December 6, 2016

VACATED AND REMANDED.
The Honorable Donald E. O'Brien, United States District Judge 1

for the Northern District of Iowa.

___________

No. 96-2020

___________

Harold O. Postma, *

 *

Appellant, *

 * Appeal from the United States

v. * District Court for the

 * Northern District of Iowa.

Mike Van Otterloo, Sheriff, *

 * [UNPUBLISHED]

Appellee. *

___________

 Submitted: May 10, 1996

 Filed: May 16, 1996

___________

Before BEAM, LOKEN, and MURPHY, Circuit Judges.

___________

PER CURIAM.

Harold Postma, an Iowa inmate, appeals the district court's order

1

dismissing without prejudice his 28 U.S.C. § 2254 petition, for failing to

exhaust state remedies. We agree that Postma has currently available, nonfutile remedies in state court, and accordingly, the district court's

dismissal was correct. See Iowa Code Ann. §§ 822.2, 822.3 (West 1994);

Smittie v. Lockhart, 843 F.2d 295, 296 (8th Cir. 1988). We deny Postma's

motion for release. See Fed. R. App. P. 23(b); Martin v. Solem, 801 F.2d

324, 329 (8th Cir. 1986). 

Affirmed. See 8th Cir. R. 47A(a).
-2-

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

September 22, 2008 Clifford W. Taylor,

 Chief Justice 

136715 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman, 

Plaintiff-Appellee, Justices 

v SC: 136715 

 COA: 274058 

Livingston CC: 05-015540-FH

EDWARD FORD GARLAND, 

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the April 29, 2008 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. 

p0915 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

September 22, 2008 

 Clerk
# C_2008158EN.01001602.xml

| 21.6.2008 | EN | Official Journal of the European Union | C 158/16 |
| --- | --- | --- | --- |

21.6.2008

EN

Official Journal of the European Union

C 158/16

---

Judgment of the Court of First Instance of 6 May 2008 — Redcats v OHIM — Revert & Cía (REVERIE)

(Case T-246/06) (1)

1

(Community trade mark - Opposition proceedings - Application for the Community word mark REVERIE - Earlier Community figurative mark Revert - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 158/25)

Language of the case: English

Parties

Applicant: Redcats SA (Roubaix France) (represented by: A. Bertrand, 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: Manuel Revert & Cía, SA (Onteniente, 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 10 July 2006 (Case R 171/2005-4), relating to opposition proceedings between Manuel Revert & Cía, SA, and Redcats SA

Operative part of the judgment

The Court:

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

1.

Dismisses the action.

| 2. | Orders Redcats SA to pay the costs. |
| --- | --- |

2.

Orders Redcats SA to pay the costs.

---

(1)  OJ C 261, 28.10.2006.

1

---
### C ourt of Appea l s, State of Michigan ORDER Linda K H e id en v Gerald L H e iden Docket No. 318245 LC No. 1 2
- 00 11 49 -00 Douglas B. hapi ro Presiding Judge E lizabeth L. Gleicher A m y Rona y n e K rause J udg es The Court ord e rs that th e feb ru ar y I 0 , 2015 opinion 1 s hereby VACA T ED , and a new opinio n is att ached.

A true copy en t ered and ce rtifi ed by Jerom e W. Z imm er Jr., C hief C l e r k. o n 

# FEB 2 6 

# 2015 Dare
**Judgment of the Court (Fourth Chamber) of 30 April 2009 – CAS Succhi di Frutta v Commission**

**(Case C-497/06 P)**

Appeal – Non-contractual liability – Tendering procedure – Payment in kind – Payment of the tenderers in fruits other than those specified in the notice of invitation to tender – Causal link

1.                     *Procedure – Res judicata – Judgment of the Court finding that the applicant has standing to bring an action for annulment
of a Commission decision – Decision treated by the Court as an act adversely affecting a party (see paras 33-35)*

2.                     *Non-contractual liability – Conditions – Unlawfulness – Injury – Causal link – Cumulative conditions (Art. 288, second para.,
EC) (see paras 39-40)*

3.                     *Non-contractual liability – Unlawful conduct of the institutions – Commission decision amending a condition for the award
of a contract (Art. 288, second para, EC) (see paras 60-66)*

4.                     *European Communities’ public procurement – Tender procedure – Expenses incurred by a tenderer – Right to compensation – None
– Exception – Infringement of Community law (see paras 81-82)*

**Re:**

| | | | | |
| --- | --- | --- | --- | --- |
| Appeal against the judgment of the Court of First Instance (Second Chamber) of 13 September 2006 in Case T‐226/01 | CAS Succhi di Frutta | v | Commission | , by which that Court dismissed the action for compensation for the alleged loss caused by Commission Decisions C(96)1916 of 22 July 1996 and C(96)2208 of 6 September 1996, adopted within the framework of Commission Regulation (EC) No 228/96 of 7 February 1996 on the supply of fruit juice and fruit jams intended for the people of Armenia and Azerbaijan (OJ 1996 L 30, p. 18). |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Dismisses the appeal; |

| | | |
| --- | --- | --- |
| 2. | | Orders CAS Succhi di Frutta SpA to pay the costs. |
STATE of North Carolina. v. Montice Terrill HARVELL.

No. 383P14.

Supreme Court of North Carolina.

Aug. 20, 2015.

Sharon L. Smith, Raleigh, for Harvell, Montice Terrill.

*192Josephine N. Tetteh, Assistant Attorney General, for State of North Carolina.

R. Andrew Murray, District Attorney, for State of North Carolina.

*ORDER*

Upon consideration of the petition filed on the 10th of October 2014 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 20th of August 2015."
##### 



EXHIBIT 32.1
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (1)
    
    The Companys Quarterly
Report on Form 10-Q for
the quarter ended June
30, 2007 (the Form
10-Q) fully complies
with the requirements of
Section 13(a) of the
Securities Exchange Act
of 1934, as amended; and(2)
    
    The information contained
in the Form 10-Q fairly
presents, in all material
respects, the financial
condition and results of
operations of the
Company.
 /s/ DAVID GAODavid GaoChief Executive Officer
  34
# C_2008171EN.01003701.xml

| 5.7.2008 | EN | Official Journal of the European Union | C 171/37 |
| --- | --- | --- | --- |

5.7.2008

EN

Official Journal of the European Union

C 171/37

---

Order of the Court of First Instance of 17 April 2008 — Dimos Kerateas v Commission

(Case T-372/07) (1)

1

(Action for annulment - Time-limit - Inadmissible)

(2008/C 171/69)

Language of the case: Greek

Parties

Applicant: Dimos Kerateas (Municipality of Keratea), Greece (represented by: A. Papakonstantinou and M. Khaïntarlis, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented by: D. Triantafyllou and A. Steiblytė, Agents)

Defendant:

Re:

Application for annulment of Commission Decision C(2004) 5611 of 22 December 2004 concerning the grant of a financial contribution from the Cohesion Fund for the carrying out of a waste management project in Attica (Greece).

Operative part of the order

| 1. | The action is dismissed. |
| --- | --- |

1.

The action is dismissed.

| 2. | Dimos Kerateas shall pay the costs. |
| --- | --- |

2.

Dimos Kerateas shall pay the costs.

---

(1)  OJ C 283 of 24.11.2007.

1

---
# C_2010209EN.01005102.xml

| 31.7.2010 | EN | Official Journal of the European Union | C 209/51 |
| --- | --- | --- | --- |

31.7.2010

EN

Official Journal of the European Union

C 209/51

---

Order of the General Court of 7 June 2010 — Bulgaria v Commission

(Case T-500/07) (1)

1

()

2010/C 209/77

Language of the case: Bulgarian

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

---

(1)  OJ C 64, 8.3.2008.

1

---
State of North Carolina v. Andre Laron Cole

No. COA16-223

Court of Appeals of North Carolina.

Filed: November 1, 2016

NO ERROR.
# C_2008079EN.01002402.xml

| 29.3.2008 | EN | Official Journal of the European Union | C 79/24 |
| --- | --- | --- | --- |

29.3.2008

EN

Official Journal of the European Union

C 79/24

---

Order of the President of the Court of 24 January 2008 — Commission of the European Communities v Portuguese Republic

(Case C-433/07) (1)

1

(2008/C 79/45)

Language of the case: Portuguese

Language of the case: Portuguese

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

---

(1)  OJ C 269, 10.11.2007.

1

---
EXHIBIT 10.6


 


ENDORSEMENT TO 10% SENIOR SECURED CONVERTIBLE NOTE


 


Precision Optics Corporation, Inc.

New York, New York

December 1, 2010


 


The
10% Senior Secured Convertible Note dated June 25, 2008 and amended
December 11, 2008, June 25, 2010, July 26, 2010, September 15,
2010, October 15, 2010, November 15, 2010 and November 30, 2010
(the “Note”) of Precision Optics Corporation, Inc., a Massachusetts
corporation (the “Company”), payable to the order of Special Situations
Fund III, QP, L.P. (the “Holder”) in an aggregate principal amount of
$275,000 and to which the Endorsement is affixed is hereby amended in the
following respects:


 


1.                                      The term “Stated
Maturity Date” is hereby restated to be “December 3, 2010.”


 


2.                                      Except as
expressly amended by this Endorsement, the Note remains in full force and
effect and the Company hereby reconfirms its obligations thereunder.


 


IN
WITNESS WHEREOF, the Company has caused this Endorsement to be duly executed,
and the Holder has caused this Endorsement to be duly accepted, by their
respective duly authorized representatives as of the day and year first above
written.


 


 


	
   

  	
  PRECISION
  OPTICS CORPORATION, INC.

  
	
   

  	
   

  
	
   

  	
  By
  

  	
  /s/
  Richard E. Forkey

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Name:
  Richard E. Forkey

  
	
   

  	
   

  	
  Title:
  Chief Executive Officer

  
	
   

  	
   

  
	
  Accepted:

  	
   

  
	
   

  	
   

  
	
  SPECIAL
  SITUATIONS FUND III QP, L.P.

  	
   

  
	
   

  	
   

  
	
  By:
  

  	
  /s/
  Adam Stettner

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Name:
  Adam Stettner

  	
   

  
	
   

  	
  Title:
  General Partner
**Exhibit 99.8**

**CONSENT OF STEPHANE BLAIS, P.ENG.**

In connection with the Annual Report on Form 40-F, and any amendments and exhibits thereto, ofGoldcorp Inc. (the “Company”) for the year ended December 31, 2016 (collectively, the “Annual Report”), I, Stephane Blais, P.Eng., consent to (i) the use of and reference to the technical report dated 31 December,2015, entitled “Red Lake Operations, Ontario, Canada, NI 43-101 Technical Report” (the “Technical Report”), or portions thereof, that was prepared by me, that I supervised the preparationof and/or was reviewed and approved by me, (ii) the use of and references to my name, including as an expert or “qualified person”, in connection with the Annual Report and the Technical Report, and (iii) the information derivedor summarized from the Technical Report that is included or incorporated by reference in the Annual Report and any of the exhibits thereto. 

I also hereby consent to the incorporation by reference of such information contained in the Annual Report and exhibits thereto intoRegistration Statement Nos. 333-126039,333-126040,333-151243,333-151251,333-174376,333-181116,333-188805,333-195816 and333-213153 on Form S-8,No. 333-207371 on Form F-3 and No. 333-211892 on Form F-10 of the Company. 

Date: March16, 2017
[Federal Register Volume 70, Number 186 (Tuesday, September 27, 2005)]
[Notices]
[Page 56522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19241]


=======================================================================
-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION


Revocation of License of Small Business Investment Company

    Pursuant to the authority granted to the United States Small 
Business Administration by the Final Order of the United States 
District Court for the Eastern District of Missouri, dated August 10, 
2005, in Case No. 4:01cv01101 CDP, the United States Small Business 
Administration hereby revokes the license of Civic Ventures Investment 
Fund, L.P., a Missouri Limited Partnership, to function as a small 
business investment company under the Small Business Investment Company 
License No. 07/07-0099 issued to Civic Ventures Investment Fund, L.P. 
on August 1, 1997 and said license is hereby declared null and void as 
of September 9, 2005.

    Dated: September 20, 2005.

Small Business Administration.
Jaime A. Guzman-Fournier,
Associate Administrator for Investment.
[FR Doc. 05-19241 Filed 9-26-05; 8:45 am]
BILLING CODE 8025-01-P
JUDGMENT OF THE CIVIL SERVICE TRIBUNAL

(Second Chamber)

29 November 2007

Case F-19/07

**Georgi Kerelov**

**v**

**Commission of the European Communities**

(Civil service – Open competition – Selection Board – Contact with members of the Selection Board – Non-admission to competition – Non‐inclusion on the reserve list)

**Application:**brought under Articles 236 EC and 152 EA, in which Mr Kerelov seeks annulment of the decisions of the selection board in open
competition EPSO/AD/43/06 of 6 December 2006 and 2 February 2007, respectively not to include him on the reserve list for
that competition and not admitting him to the competition, together with an order for the Commission to pay him fixed damages
assessed on equitable principles at EUR 120 491.28.

**Held:**The action is dismissed. Each party is to bear its own costs.

**Summary**

1.      *Officials – Actions – Pleas in law*

2.      *Officials – Competitions – Selection Board – Decision excluding a candidate*

*(Staff Regulations, Art. 30)*

1.      In an action questioning the lawfulness of a decision to exclude a candidate from a competition on the ground that he failed
to comply with the terms of the notice of competition by contacting members of the selection board, it is for the person concerned,
where there is sufficiently precise and consistent evidence in support of that fact, to provide proof to the contrary or,
at the very least, to provide an explanation or justification such as to call into question the plausibility of the allegation,
in order to enable the Tribunal to reach its decision.

(see para. 34)

See:

C‐204/00 P, C‐205/00 P, C‐211/00 P, C‐213/00 P, C‐217/00 P and C‐219/00 P *Aalborg Portland and Others* v *Commission* [2004] ECR I‐123, para. 79

2.      The selection board in a competition, which is authorised to draw up the list of suitable candidates under Article 30 of the
Staff Regulations, has the power to determine that a candidate has behaved improperly and to exclude him from the competition
in accordance with the terms of the notice of competition. The fact that the formal decision to exclude the candidate was
not communicated to him until after publication of the reserve list mistakenly containing his name is not capable of rendering
that decision unlawful, in the absence of any strict time-limit provided for that purpose by the relevant provisions of the
Staff Regulations, and of any breach of the principle of sound administration which the institution might thereby be alleged
to have committed.

(see para. 37)
Court of Appeals, State of Michigan 

ORDER 

People of MI v Deandre Taiwan Haywood 

Docket No. 345243 

LC No. 18-003452-FH 

Colleen A. O’Brien 

 Presiding Judge

Jane M. Beckering 

Anica Letica 

 Judges

In accordance with the Michigan Supreme Court’s May 20, 2020 order, People v Haywood, 

___ Mich ___ (2020) (Docket No. 160753), and after plenary consideration of the arguments advanced 

by the parties on reconsideration, we VACATE our opinion of September 26, 2019, and REINSTATE the 

prosecutor’s first-tier appeal. The failure of this Court to remand this matter to the Wayne Circuit Court 

for a determination of whether to appoint appellate counsel for defendant-appellee deprived defendant of 

his right to counsel in a preconviction appeal. See e.g., People v Murphy, 481 Mich 919 (2008). This 

matter is REMANDED to the Wayne Circuit Court for the appointment of appellate counsel. The circuit 

court shall transmit a copy of the order appointing counsel to the Clerk of this Court within 7 days of the 

decision. Appointed counsel shall file defendant’s appellee’s brief within 35 days of the date of this order. 

MCR 7.212(A)(2)(a)(ii). The prosecutor may file a reply brief. 

This Court retains jurisdiction. This order has immediate effect. MCR 7.215(F)(2). 

_______________________________ 

Presiding Judge
Exhibit 32

                                 BIOCORAL, INC.
                            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 Annual Report of Biocoral, Inc. (the "Company") on Form
10-K for the period ending December 31, 2008, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Nasser Nassiri, the
President, CEO, Chairman of the Board of the Company and the Principal
Accounting Officer, hereby certify, pursuant to 18 U.S.C. ss. 1350, as adopted
pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that to the best of my
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 result of operations of the Company.


                                        /s/ Nasser Nassiri
                                        ------------------
                                        Nasser Nassiri
                                        President, CEO, Chairman of the Board
                                        and Principal Accounting Officer

Date: March 31, 2009