alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Frank ATANASIO, Plaintiff, v. COSMOPOLITAN SHIPPING COMPANY, Inc., and A. S. J. Ludwig Mowinckels Rederi, Defendants.

Civ. No. 15137.

United States District Court E. D. New York.

Feb. 4, 1957.

*364Haight, Gardner, Poor & Havens, New York City, for defendant, A. S. J. Ludwig Mowinckels Rederi.

Philip F. Di Constanzo, Brooklyn, N. Y., for plaintiff.

RAYFIEL, District Judge.

•The defendant moves for an order striking this action from the Civil Jury Calendar and adding it to the Non-Jury Calendar of the Court on the ground that the demand for a jury trial was not timely-

Rule 38(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., provides that any party may demand a trial by jury by serving *“a*demand therefor in writing at any time after the commencement of the action *and not later than 10 days after the service of the last pleading directed to such issue.”*(Emphasis added.)

Subdivision (d) of said Rule states that the failure to serve a demand as required thereby constitutes a waiver of a trial by jury.

Rule 39(b) of said Rules authorizes and empowers the Court *in its discretion*to order a trial by jury of the issues involved, notwithstanding the failure of a party “to demand a jury in an action in which such a demand might have been made of right.”

This is an action to recover damages for personal injuries sustained by the plaintiff as a result of the alleged negligence of the defendant. The summons and complaint were filed on January 19, *1955*and served on January 21, *1955.*The answer was served on May 6, *1955.*No demand for a jury trial was endorsed on the complaint. On January 26, *1956,*more than eight months after the service of the answer, a demand for a jury trial and a note of issue for the February 1956 term were served upon the defendant’s attorneys by the then attorneys for the plaintiff.

In November, 1956 Philip F. Di Constanzo, Esq., was substituted as attorney for the plaintiff in place of Cusack, McLaughlin and O'Rourke, Esqs., his former attorneys.

Plaintiff opposes defendant’s motion on two grounds:

(1) that the failure of plaintiff’s former attorneys to make timely demand for a jury trial was due to their unfamiliarity with the applicable federal rules, their practice being confined chiefly to the state courts.

(2) that the transfer of this action to the Non-Jury Calendar would constitute a hardship to the plaintiff since that calendar is “twice as far in arrears as is the Jury Calendar.”

As to ground (1) there has not been a sufficient showing of excusable neglect. As to ground (2), inquiry at the office of the Clerk of this Court discloses that *365the likelihood of a reasonably early trial of a non-jury case is scarcely less favorable than that of a jury case.

Accordingly, the defendant’s motion is granted.

Settle order on notice.
Exhibit 10.74

 

AMENDMENT TO MERGER AGREEMENT AND PLAN OF REORGANIZATION

 

This Amendment to Merger Agreement and Plan of Reorganization (the “Amendment”), is made as of the 27 day of November, 2012 (the “Effective Date”), by and between Immune Pharmaceuticals Ltd. (“Immune”) EpiCept Corporation and Epicept Israel Ltd., an Israeli company in incorporation (together, “Epicept”). Immune and Epicept shall hereinafter sometimes be referred to collectively as the “Parties”.

 

WHEREAS,                                                                           The Parties have entered into a Merger Agreement and Plan of Reorganization dated November 7, 2012 (the “Merger Agreement”); and

 

WHEREAS,                                                                           Immune is asking to raise funds in the interim; and

 

WHEREAS,                                                                           The Parties desire to amend the Merger Agreement, as further set forth herein;

 

NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties hereby agree as follows:

 

1.                          The definition of the term “Private Placement” as defined in the Merger Agreement shall be amended by replacing the words “by the Parent” with the words “by either Parent or Company”.

 

2.                          Unless amended hereby, all provisions of the Merger Agreement shall remain in full force and effect.

 

3.                          Capitalized terms not otherwise defined herein shall bear the meanings ascribed to them in the Merger Agreement.

 

[The remainder of this page was intentionally left blank]

 











 

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the Effective Date.

 

 


	
 
    	
EPICEPT CORPORATION
    
	
 
    	
 
    
	
 
    	
By:
    	
 
    
	
 
    	
 
    	
Name:   
    	
Robert   W. Cook
    
	
 
    	
 
    	
Title:   
    	
President
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
EPICEPT ISRAEL LTD., in formation
    
	
 
    	
 
    	
 
    
	
 
    	
BY: EPICEPT CORPORATION
    
	
 
    	
 
    	
 
    
	
 
    	
By:
    	
 
    
	
 
    	
 
    	
Name:   
    	
Robert   W. Cook
    
	
 
    	
 
    	
Title:   
    	
President
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
IMMUNE PHARMACEUTICALS LTD.
    
	
 
    	
 
    	
 
    
	
 
    	
By:
    	
 
    
	
 
    	
 
    	
Name:   
    	
Dr. Daniel   Gedeon Teper
    
	
 
    	
 
    	
Title:   
    	
Chief   Executive Officer
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STIPULATION TO EXTEND TIME FOR 

DEFENDANT PFIZER INC. TO RESPOND TO COMPLAINT 

Case No. 3:10-cv-5597-MEJ 

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Daniel H. Fingerman (CSB # 229683) 

 dfingerman@mount.com

Kathryn G. Spelman (CSB # 154512) 

 kspelman@mount.com

MOUNT & STOELKER, P.C. 

RiverPark Tower, Suite 1650 

333 West San Carlos Street 

San Jose, California 95110-2740 

Telephone: (408) 279-7000 

Facsimile: (408) 998-1473 

Attorneys for Plaintiff 

SAN FRANCISCO TECHNOLOGY, INC. 

Kelly L. Baxter (CSB # 232286) 

 kelly.baxter@ropesgray.com

ROPES & GRAY LLP 

1900 University Avenue, 6th Floor 

East Palo Alto, California 94303-2284 

Telephone: (650) 617-4000 

Facsimile: (650) 617-4090 

Attorney for Defendant 

PFIZER INC. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

SAN FRANCISCO TECHNOLOGY, INC., 

 Plaintiff, 

 v. 

PFIZER INC., 

 Defendant. 

)

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Case No. 3:10-cv-5597-MEJ 

Stipulation to Extend Time for Pfizer Inc. 

to Respond to Complaint [Civil Local 

Rule 6-1(a)] 

Hon. Maria-Elena James 

Complaint filed: December 9, 2010 

IT IS HEREBY STIPULATED AND AGREED between Plaintiff San Francisco 

Technology Inc. and Defendant Pfizer Inc. (“Pfizer”), that pursuant to Civil L.R. 6-1(a), Pfizer 

shall have until February 7, 2011, to file and serve its responsive pleading in this matter. 

Case 2:11-cv-03865-JLL-MAH Document 7 Filed 01/11/11 Page 1 of 2 PageID: 28
STIPULATION TO EXTEND TIME FOR 

DEFENDANT PFIZER INC. TO RESPOND TO COMPLAINT 

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Dated: January 7, 2011 By: /s/ Kelly L. Baxter

Kelly L. Baxter (CSB # 232286)

 kelly.baxter@ropesgray.com

ROPES & GRAY LLP 

1900 University Avenue, 6th Floor 

East Palo Alto, California 94303-2284 

Telephone: (650) 617-4000 

Facsimile: (650) 617-4090 

Attorney for Defendant 

PFIZER INC. 

Dated: January 7, 2011 By: /s/ Daniel H. Fingerman

Daniel H. Fingerman (CSB # 229683)

 dfingerman@mount.com

Kathryn G. Spelman (CSB # 154512) 

 kspelman@mount.com

MOUNT & STOELKER, P.C. 

RiverPark Tower, Suite 1650 

333 West San Carlos Street 

San Jose, California 95110-2740 

Telephone: (408) 279-7000 

Facsimile: (408) 998-1473 

Attorneys for Plaintiff 

SAN FRANCISCO TECHNOLOGY, INC. 

In accordance with General Order No. 45, Rule X, the below signatory attests that concurrence 

in filing of this document has been obtained from each signatory above. 

Dated: January 7, 2011 /s/ Kelly L. Baxter

 Kelly L. Baxter

 Attorney for Pfizer Inc. 

IT IS SO ORDERED. 

Dated: 

 Honorable Maria-Elena James 

 United States Magistrate Judge 

January 11, 2011

Case 2:11-cv-03865-JLL-MAH Document 7 Filed 01/11/11 Page 2 of 2 PageID: 29
**EXHIBIT 32.1**

**CERTIFICATION OF PERIODIC REPORTPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

I, the undersigned,Richard N. Snyder, Chief Executive Officer of Forgent Networks, Inc. (the “Company”),do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted by Section906 of the Sarbanes-Oxley Act of 2002, that:

1.                                       Thequarterly report on Form 10-Q of the Company for the period ended October 31,2006 (the “Report”) fully complies with the requirements of section 13(a) or15(d) of the Securities Exchange Act of 1934 as amended, and

2.                                       Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
|        | /s/ RICHARD N. SNYDER   |   |
|--------|-------------------------|--------|
|   | Richard N. Snyder       |
|   | Chief Executive Officer |
|   | December 15, 2006       |

 

Asigned original of this written statement required by Section 906 has beenprovided to Forgent Networks, Inc. and will be retained by Forgent Networks,Inc. and furnished to the Securities and Exchange Commission or its staff uponrequest.  The foregoing certification isbeing furnished solely pursuant to 18 U.S.C. Section 1350 and is not beingfiled as part of the Report or as a separate disclosure document.

----
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```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5228 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 5228

   To reduce temporarily the duty on 1-propene-2-methyl homopolymer.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 6, 2004

  Mr. Weller introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
   To reduce temporarily the duty on 1-propene-2-methyl homopolymer.

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

SECTION 1. REDUCTION OF DUTY ON 1-PROPENE-2-METHYL HOMOPOLYMER.

    (a) In General.--Subchapter II of chapter 99 of the Harmonizes 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following heading:

``      9902.38.43      1-propene-2-methyl  0.5%         No change        No change        On or before 12/  ''.
                         homopolymer (CAS                                                   31/2007
                         No. 9003-27-4)
                         (provided for in
                         subheading
                         3902.20.50). . ..

    (b) Effective Date.--The amendment made by subsection (a) applies 
to articles entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the enactment of this Act.
                                 <all>
```
S05Y1455.

#### IN THE MATTER OF DOUGLAS CLARK ROGERS.

(619 SE2d 607)

Per curiam.

This disciplinary matter is before the Court pursuant to Respondent Douglas Clark Rogers’ petition for voluntary surrender of license in which Rogers admits that on April 20, 2005 he was convicted in the United States District Court for the Middle District of Georgia on four counts of mail fraud in violation of 18 USC § 1341, all felony violations of the United States Code, and that by virtue of these convictions he has violated Rule 8.4 (a) (2) of Bar Rule 4-102 (d), the maximum penalty for which is disbarment. Rogers requests that he be allowed to voluntarily surrender his license to practice law and asserts that he understands that a voluntary surrender is tantamount to disbarment. The State Bar responded to Rogers’ petition urging the Court to accept it.

We have reviewed the record and agree to accept Rogers’ petition for the voluntary surrender of his license. Accordingly, the name of Douglas Clark Rogers is hereby removed from the rolls of persons entitled to practice law in the State of Georgia. Rogers is reminded of his duties under Bar Rule 4-219 (c).

*Voluntary surrender of license accepted.*

*All the Justices concur.*

*662Decided September 19, 2005.

*William P. Smith III, General Counsel State Bar, K. Gene Chapman, Assistant General Counsel State Bar,*for State Bar of Georgia.

*Goodman, McGuffey, Lindsey & Johnson, Joe D. Jackson,*for Rogers.
EXHIBIT 32.1


      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the accompanying  Quarterly Report On Form 10-QSB of Grace 5,
Inc. (the  "Company") for the quarter  ending  February 28, 2007, I, Virginia K.
Sourlis,  Chief  Executive  Officer and Chief  Financial  Officer of the Company
hereby  certify  pursuant  to 18 U.S.C.  Section  1350,  as adopted  pursuant to
Section 906 of the  Sarbanes-Oxley  Act of 2002, to the best of my knowledge and
belief, that:

      1.    Such Quarterly Report on Form 10-QSB for the quarter ending February
            28, 2007,  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 such Quarterly  Report on Form 10-QSB
            for the quarter ending February 28, 2007,  fairly  presents,  in all
            material respects, the financial condition and results of operations
            of the Company.

Dated:  March 21, 2007
Grace 5, Inc.
By: /s/ Virginia K. Sourlis
    ----------------------------
    Chief Executive Officer and
    Chief Financial Officer
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

JANEWAY TOWING,

Petitioner

v.

CREDIT CONNECTION AUTO SALES,

Respondent

:

:

:

:

:

:

:

:

:

:

:

No. 142 MAL 2019

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 27th day of August, 2019, the Petition for Allowance of Appeal is 

DENIED.
#### UNITED STATES of America, Plaintiff-Appellee v. Teresa de Jesus COLUNGA-LOPEZ, Defendant-Appellant.

No. 12-40422

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Dec. 17, 2012.

Renata Ann Gowie, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern *320District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Molly Estelle Odom, Esq., Assistant Federal Public Defender, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before DAVIS, OWEN, and HIGGINSON, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Teresa De Jesus Colunga-Lopez has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir.2011). Colunga-Lopez has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Colunga-Lo-pez’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
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```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5286 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 5286

   To suspend temporarily the duty on 1,4-Benzenedicarboxylic acid, 
   polymer with N,N'-bis(2-aminoethyl)- 1,2-ethanediamine, cyclized, 
                            methyl sulfates.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2004

 Mr. Wilson of South Carolina introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
   To suspend temporarily the duty on 1,4-Benzenedicarboxylic acid, 
   polymer with N,N'-bis(2-aminoethyl)- 1,2-ethanediamine, cyclized, 
                            methyl sulfates.

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

SECTION 1. SUSPENSION OF DUTY ON 1,4-BENZENEDICARBOXYLIC ACID, POLYMER 
              WITH N,N'-BIS(2-AMINOETHYL)- 1,2-ETHANEDIAMINE, CYCLIZED, 
              METHYL SULFATES.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.32.07      1,4-                Free         No Change        No Change        On or before 12/  ''.
                         Benzenedicarboxyl                                                  31/2007
                         ic acid, polymer
                         with N,N'-bis(2-
                         aminoethyl)- 1,2-
                         ethanediamine,
                         cyclized, methyl
                         sulfates (CAS No.
                         68187-22-4)
                         (provided for in
                         subheading
                         3908.90.70)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
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.                  

###### Securities and Exchange Commission

          - [500-1] 

                    It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of BBJ Environmental Technologies, Inc. (“BBJ Technologies”) because it has not filed a periodic report since its 10-QSB/A for                           ( print page 4487)                        the quarterly period ending September 30, 2004, filed on April 6, 2006.                 

The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in the securities of BBJ Technologies. Therefore, it is ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in BBJ Technologies securities is suspended for the period from 9:30 a.m. EST on January 22, 2009, through 11:59 p.m. EST on February 4, 2009. 

By the Commission. 

Jill M. Peterson, 

Assistant Secretary.

 [FR Doc. E9-1691 Filed 1-22-09; 4:15 pm] 

BILLING CODE 8011-01-P
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