alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JAMES RYAN PILARCIK,

 Appellant,

v.

THE STATE OF TEXAS,

 Appellee. 

§

§

§

§

§

§

No. 08-08-00119-CR

Appeal from

195th District Court

of Dallas County, Texas

(TC # F-0724039-N)

MEMORANDUM OPINION

James Ryan Pilarcik appeals his conviction of unlawful possession of identifying

information. We dismiss the appeal for want of jurisdiction. 

On February 22, 2008, Appellant waived his right to a jury trial and entered a non-negotiated

plea of guilty. The trial court assessed punishment at a fine of $500 and confinement in the state jail

for 180 days. Appellant filed notice of appeal that same day and he filed a motion for new trial on

March 4, 2008. On April 27, 2008, the trial court granted Appellant’s motion for a new trial on the

issue of punishment, but did not permit him to withdraw his plea of guilty. The record does not

reflect that the trial court has conducted a new punishment hearing or re-sentenced Appellant.

In order to perfect an appeal in a criminal case, a defendant must file notice of appeal “within

30 days after the day sentence is imposed or suspended in open court, or after the day the trial court

enters an appealable order.” TEX.R.APP.P. 26.2(a)(1). We notified Appellant by letter of our intent

to dismiss the appeal because the record does not reflect that a final judgment of conviction has been

entered. We have received no response to our inquiry. Accordingly, we dismiss the appeal for want

of jurisdiction.
October 2, 2008 

ANN CRAWFORD McCLURE, Justice

Before Chew, C.J., McClure, and Carr, JJ.

(Do Not Publish)
Exhibit 32



CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER AND

PRINCIPAL FINANCIAL OFFICER



Each of the undersigned hereby certifies, for the purposes of Section 1350 of Chapter 63 of Title 18 of the United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, in his capacity as an officer of Petro
Financial Corporation (the Company), that to his knowledge:



(1) The Annual Report on Form 10-K of the Company for the year ended December 31, 2004 as filed with the Securities and Exchange Commission (the SEC) on the date hereof (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.



This written statement is being furnished to the SEC as an
exhibit to the Report. A signed original of this statement has been provided to the Company and will be retained by the Company and furnished to the SEC or its staff upon request.



|                     |  |                                      
|-------------------- |  | -------------------------------------
|Date: March 29, 2005 |  | /s/ J.A. Cardwell, Sr.               
|                     |  | (J.A. Cardwell, Sr.)                 
|                     |  | President and Director               
|                     | 
|Date: March 29, 2005 |  | /s/ Edward Escudero                  
|                     |  | (Edward Escudero)                    
|                     |  | Treasurer and Chief Financial Officer
Harry WILLIAMS v. ADVANCE AUTO PARTS, INC., and Advance Stores Company, Incorporated d/b/a Advance Auto Parts

No. 55P17

Supreme Court of North Carolina.

May 3, 2017

Donald J. Dunn, Attorney at Law, Goldsboro, for Williams, Harry.

John C. Millberg, Attorney at Law, B. Tyler Brooks, Attorney at Law, Raleigh, for Advance Auto Parts, Inc., et al.

***ORDER***

Upon consideration of the petition filed on the 15th of February 2017 by Plaintiff 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 3rd of May 2017."
STATE of North Carolina v. Robert Wayne STANLEY

No. 376P02-6

Supreme Court of North Carolina.

June 8, 2017

Teresa M. Postell, Assistant Attorney General, James R. O'Neill, District Attorney, for State of NC.

Ann B. Petersen, Attorney at Law, Chapel Hill, for Stanley, Robert Wayne.

***ORDER***

The following order has been entered on the motion filed on the 16th of November 2016 by State of NC for Temporary Stay:

"Motion Dissolved by order of the Court in conference, this the 8th of June 2017."

Upon consideration of the petition filed by State of NC on the 16th of November 2016 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was *872entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 8th of June 2017."

Upon consideration of the petition filed on the 6th of December 2016 by State of NC 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 8th of June 2017."

Ervin, J. recused
# C_2007082EN.01005201.xml

| 14.4.2007 | EN | Official Journal of the European Union | C 82/52 |
| --- | --- | --- | --- |

14.4.2007

EN

Official Journal of the European Union

C 82/52

---

Action brought on 19 February 2007 — Vtesse Networks v Commission

(Case T-54/07)

(2007/C 82/107)

Language of the case: English

Parties

Applicant: Vtesse Networks Ltd. (St. Albans, United Kingdom) (represented by: H. Mercer, Barrister)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Form of order sought

| — | Annul Article 1 of the decision insofar as it determined that the application by the United Kingdom of the tax on non-domestic property to BT plc from 1995 to the end of 2005 does not constitute aid within the meaning of Article 87(1) EC; |
| --- | --- |

—

Annul Article 1 of the decision insofar as it determined that the application by the United Kingdom of the tax on non-domestic property to BT plc from 1995 to the end of 2005 does not constitute aid within the meaning of Article 87(1) EC;

| — | order the Commission to pay Vtesse's costs of this action. |
| --- | --- |

—

order the Commission to pay Vtesse's costs of this action.

Pleas in law and main arguments

The applicant seeks the annulment of Commission Decision 2006/951/EC (1) of 12 October 2006 finding that the application by the United Kingdom of the tax on non-domestic property to BT plc and Kingston Communications plc from 1995 until the end of 2005 does not constitute aid within the meaning of Article 87(1) EC.

1

The applicant alleges that the Commission failed to consider and/or to investigate the competitive disadvantage suffered by the applicant vis-à-vis BT plc at the margin when bidding alongside BT plc for contracts with customers for high capacity retail leased lines using optical fibres.

The applicant submits that the Commission erred in law in the application of Article 87(1) EC in particular by failing to define the relevant market and thereby failing to identify the advantage in fact granted by business rates to BT plc in relation to competition at the margin.

Furthermore, the applicant claims that the Commission committed a manifest error of appraisal of the significance and relevance of the class of contracts where the applicant competed with BT plc and failed to investigate sufficiently the facts of competition at the margin leading to the Commission's reliance on a market share for BT plc of 12 % when the most relevant market share for BT plc was, according to the applicant, 78 %.

Finally, the applicant contends that the Commission did not sufficiently reason the contested decision with regard to the competition actually occurring between the applicant and BT plc.

---

(1)  Commission Decision of 12 October 2006 — the United Kingdom's application of the tax on non-domestic property to telecommunications infrastructure in the United Kingdom (No C 4/2005 (ex NN 57/2004, ex CP 26/2004) — notified under document number C(2006) 4378) (OJ 2006 L 383, p. 70).

1

---
NOTE: This disposition is nonprecedential. 

United States Court of Appeals for the Federal Circuit 

2008-3146 

KATHERINE S. JOHNSON, 

Petitioner, 

v. 

OFFICE OF PERSONNEL MANAGEMENT, 

Respondent. 

Charles E. Samuels, Samuels Law Firm, of Richmond, Virginia, argued for 

petitioner. 

David A. Harrington, Trial Attorney, Commercial Litigation Branch, Civil Division, 

United States Department of Justice, of Washington, DC, argued for respondent. On 

the brief were Gregory G. Katsas, Assistant Attorney General, Jeanne E. Davidson, 

Director, and Donald E. Kinner, Assistant Director. Of counsel was Marla T. Conneely, 

Attorney; and Jo Ann Chabot, Office of Personnel Management, of Washington, DC. 

Appealed from: Merit Systems Protection Board
NOTE: This disposition is nonprecedential. 

United States Court of Appeals for the Federal Circuit 

 2008-3146 

KATHERINE S. JOHNSON, 

 Petitioner, 

v. 

OFFICE OF PERSONNEL MANAGEMENT, 

 Respondent. 

 Judgment

ON APPEAL from the MERIT SYSTEMS PROTECTION BOARD 

in CASE NO(S). DC844E070415-I-1 

This CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED: 

Per Curiam (LOURIE, RADER, and BRYSON, Circuit Judges). 

AFFIRMED. See Fed. Cir. R. 36. 

ENTERED BY ORDER OF THE COURT 

 

DATE: October 15, 2008 /s/ Jan Horbaly___________________ 

 Jan Horbaly, Clerk
##### 



Company TSI
Holdings
 Resignation Date Resignation Date
 Severance Benefits.
 Severance Period




---



##### 



provided
 Consulting Engagement
 Consulting Period provided
   2




---



##### 



Release
 Representatives Released Parties
 3




---



##### 



4




---



##### 



Options
 Club Membership.
 No Other Compensation or Benefits; Director Compensation
 Return of Company Property.
 Breach
 5




---



##### 



Waiver of Rights.
 Nondisclosure of Confidential Information.
  6




---



##### 



Non-Compete and Non-Solicitation
    7




---



##### 



Non-Disparagement; Cooperation.
   Applicable Law.
 Entire Agreement/Severability
 Acceptance. th
 8




---



##### 



Voluntary Assent.
 No Admission
 Counterparts.
 Taxes; Section 409A
 9




---



##### 



Third Party Beneficiaries
 Notices th
  TOWN SPORTS INTERNATIONAL, LLCBy:
    
    \s\Name:
Alex AlimanestianuTitle:
President\s\Robert Giardina
 10
Exhibit 99.1



                      STATEMENT OF CHIEF EXECUTIVE OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350


         In connection with the Annual Report on Form 10-KSB for the fiscal year
ended  December 31, 2002 (the "Form 10-KSB") of Guaranty  Financial  Corporation
(the  "Company"),  I,  William E.  Doyle,  Jr.,  President  and Chief  Executive
Officer,  hereby certify  pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:

         (a)      the  Form  10-KSB  fully  complies  with the  requirements  of
Section 13(a) of the Securities Exchange Act of 1934, as amended; and

         (b)      the information  contained in the Form 10-KSB fairly presents,
in all material respects,  the consolidated  financial  condition and results of
operations  of the  Company  and its  subsidiaries  as of, and for,  the periods
presented in the Form 10-KSB.


Date:  March 17, 2003                       /s/ William E. Doyle, Jr.
                                    --------------------------------------------
                                    William E. Doyle, Jr.
                                    President and Chief Executive Officer






[A signed  original of this written  statement  required by Section 906 has been
provided  to  Guaranty  Financial  Corporation  and will be retained by Guaranty
Financial Corporation and furnished to the Securities and Exchange Commission or
its staff upon request.]
# C_2008285EN.01003201.xml

| 8.11.2008 | EN | Official Journal of the European Union | C 285/32 |
| --- | --- | --- | --- |

8.11.2008

EN

Official Journal of the European Union

C 285/32

---

Order of the President of the Fourth Chamber of the Court of 25 June 2008 (reference for a preliminary ruling from the Bundesgerichtshof (Germany)) — Verlag Schawe GmbH v Sächsisches Druck- und Verlagshaus AG

(Case C-215/07) (1)

1

(2008/C 285/53)

Language of the case: German

Language of the case: German

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

---

(1)  OJ C 155, 7.7.2007.

1

---
# Official Journal L 283/2018

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 283 |
| | |
| English edition | Legislation | Volume 6112 November 2018 |

ISSN 1977-0677

Official Journal

of the European Union

L 283

English edition

Legislation

Volume 6112 November 2018

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) 2018/1690 of 9 November 2018 imposing definitive countervailing duties on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries and with a load index exceeding 121 originating in the People's Republic of China and amending Commission Implementing Regulation (EU) 2018/1579 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in the People's Republic of China and repealing Implementing Regulation (EU) 2018/163 | 1 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) 2018/1690 of 9 November 2018 imposing definitive countervailing duties on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries and with a load index exceeding 121 originating in the People's Republic of China and amending Commission Implementing Regulation (EU) 2018/1579 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in the People's Republic of China and repealing Implementing Regulation (EU) 2018/163

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
### D ISTRICT 

### C OURT 

### O F 

### APPEAL 

### O F 

### F LORIDA 

### S ECOND 

### D ISTRICT

NDIDI OSUJI, Appellant, v. BILAL TOWING, INC. AND TOO LATE TOWING & RECOVERY,

Appellees. No. 2D23-649 December 15, 2023 Appeal from the County Court for Hillsborough County; James S. Giardina, Judge. Ndido Osuji, pro se. N. Brook Nutter of The Law Office of N. Brook Nutter, P.A., Tampa, for Appellees. PER CURIAM. Affirmed. CASANUEVA, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur. Opinion subject to revision prior to official publication.
PHAETON AVIATION, INC., a North Carolina Corporation, Plaintiff, v. 360 AVIATION, LLC, a Nevada Limited Liability Company, and I.T. Source Corporation, a Nevada Limited Liability Company, Defendant.

360 Aviation, LLC, a Nevada Limited Liability Company, Counterclaim Plaintiff, v. Jet Logistics, Inc., a North Carolina Corporation, Counterclaim Defendant.

No. COA15-564.

Court of Appeals of North Carolina.

June 7, 2016.

**CASE REPORTED WITHOUT PUBLISHED OPINION**

Affirmed.
FTNT-EX10.1_2014.06.30-Q Ken Xie






Exhibit 10.1
FORTINET, INC.
AMENDMENT 1
TO
CHANGE OF CONTROL SEVERANCE AGREEMENT


This Amendment 1 to the Change of Control Severance Agreement (the “Agreement”) that was made and entered into by and between Ken Xie (“Executive”) and Fortinet, Inc. (the “Company”), effective as of August 7, 2009, is made and entered into by and between the Executive and Fortinet as of the date stated in the paragraph that immediately follows.
For all of the reasons stated in the Recitals of the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and agreed, Executive and the Company hereby agree that the Effective Date of the Agreement is amended to be August 7, 2014 and such date shall be the defined term “Effective Date” throughout the Agreement.
Except for the amendment stated immediately above, the Agreement and its terms remain in place as-is.
IN WITNESS WHEREOF, each of the parties has executed this Amendment 1 to Change of Control Severance Agreement effective as of July 31, 2014.
	
			
	COMPANY
	FORTINET, INC
	 

	 
	 
	 

	 
	By:
	/s/ John Whittle

	 
	Title:
	Vice President, General Counsel




    




	
			
	EXECUTIVE
	By:
	/s/ Ken Xie

	 
	Title:
	Chairman of the Board and Chief Executive Officer
STATE of North Carolina v. Victor Manuel TAPIA

No. COA16-909

Court of Appeals of North Carolina.

Filed: June 6, 2017

AFFIRMED.
SAULS v. SAULS

395P14-1

Supreme Court of North Carolina.

May 3, 2017

W. Gregory Duke, Attorney at Law, Greenville, for Sauls, Roland Gary.

Jonathan G. McGirt, Attorney at Law, for Sauls, Lois A.

The following order has been entered on the motion filed on the 22nd of March 2017 by Defendant to Withdraw Petition for Discretionary Review:

"Motion Allowed by order of the Court in conference, this the 3rd of May 2017."
**Judgment of the Court of First Instance (Eighth Chamber) of 12 November 2008 – Spain v Commission**

**(Case T-60/07)**

EAGGF – Guarantee Section – Expenditure excluded from Community financing – Fruit and vegetable sector – Environmental protection – Administrative procedure

1.                     *Agriculture – EAGGF – Clearance of accounts – Disallowance of expenditure arising from irregularities in the application of
the Community rules (see para. 49)*

2.                     *Agriculture – Common agricultural policy – EAGGF financing (Council Regulation No 1258/1999, Arts 1(2) and 2(2)) (see para.
83)*

3.                     *Agriculture – EAGGF – Clearance of accounts (Council Regulation No 1258/1999, Art. 7(4); Commission Regulation No 1663/95,
Art. 8(1)) (see para. 99)*

**Re:**

| | |
| --- | --- |
| | APPLICATION for partial annulment of Commission Decision 2006/932/EC of 14 December 2006 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural and Guarantee Fund (EAGGF) (OJ 2006 L 355, p. 96), in so far as it excludes certain expenditure incurred by the Kingdom of Spain in the fruit and vegetable sector. |

**Operative part**

The Court:

1.         Dismisses the application;

2.         Orders the Kingdom of Spain to pay the costs.
STATE of North Carolina v. Carlton Washington TOMLINSON.

No. 61P16.

Supreme Court of North Carolina.

April 18, 2016.

James R. Grant, Assistant Appellate Defender, for Tomlinson, Carlton Washington.

Matthew Liles, Assistant Attorney General, for State of North Carolina.

Robert A. Evans, Jr., District Attorney, for State of North Carolina.

*ORDER*

Upon consideration of the petition filed by Defendant on the 25th of February 2016 for Writ of Supersedeas of the judgment of the Court of Appeals, 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 13th of April 2016."

Upon consideration of the petition filed on the 25th of February 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 13th of April 2016."
Allscripts Healthcare, LLC v. Etransmedia Technology, Inc.

330A16-1

Supreme Court of North Carolina.

February 9, 2017

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

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

The following order has been entered on the Motion for Extension of Time to File Reply Brief filed on the 8th of February 2017 by Plaintiff Reply:

"Motion Allowed by order of the Court in conference, this the 9th of February 2017."

Plaintiff shall have up to and including the 16th day of March 2017 to file and serve his/her brief with this Court.
STATE v. Salim A. GOULD

147P17-1

Supreme Court of North Carolina.

June 8, 2017

Salim Abdu Gould, for Gould, Salim A.

Daniel P. O'Brien, Special Deputy Attorney General, Valerie Mitchell Asbell, District Attorney, for State of N.C.

The following order has been entered on the motion filed on the 9th of May 2017 by Defendant for Appellate Review:

"Motion Dismissed by order of the Court in conference, this the 8th of June 2017."
Exhibit 23.1





CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM








We have issued our reports dated March 2, 2011, with respect to the consolidated financial statements and internal control over financial reporting included in the Annual Report of Cenveo, Inc. and Subsidiaries on Form 10-K for the fiscal year ended January 1, 2011. We hereby consent to the incorporation by reference of said reports in Registration Statement Nos.333-26743, 333-61467, 333-74490, 333-118861, 333-153447, 333-161925, 333-161927 and 333-166929 on Form S-8 and Registration Statement Nos. 333-162559, 333-35561, 333-36337, 333-39013, 333-53679, 333-59201, 333-60595 and 333-74065 on Form S-3.











/s/ GRANT THORNTON LLP


Melville, New York


March 2, 2011