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Supreme Court 0 Ohio Table of Contents
IN THE SUPREME COURT OF OHIO Jeffrey C. Keith #334-054 Trumbull Correctional Institution Case No.: 07-1982 5701 Burnett Road Leavittsburg, Ohio 44430 On Appeal from the Portage Petitioner - Appellant, County Court of Appeals Eleventh Appellate District V. David Bobby, Warden Trumbull Correctional Institution Habeas Corpus 5701 Burnett Road Case No. 07PA27 Leavittsburg, Ohio 44430 Respondent - Appellee. MOTION FOR SUMMARY JUDGMENT Jeffrey C. Keith #334-054 Trumbull Correctional Institution 5701 Burnett Road Leavittsburg, Ohio 44430 COUNSEL FOR APPELLANT, PRO SE Marc Dann (# 39425) MAR 1 12008 Attorney General Diane Mallory (#0014867) CLERK OF COURT Asst. Attorney General SUPREME COURT OF OHIO Corrections Litigation Section 150 E. Gay Street, 16"' Floor Columbus, OH 43215 COUNSEL FOR APPELLEE, S'I'ATE OF 011I0 MAR 11 200$ SUPREME COURT 0 OHIO TABLE OF CONTENTS Paee TABLE OF AUTHORITIES iii MOTION FOR SUMMARY JUDGMENT 1 CONCLUSION 14 AFFIDAVIT OF VERITY 16 PROOF OF SERVICE 17 Appx. Page APPENDIX Opinion of the Eighth District Court of Appeals (Dec. 26, 2002) 1 Appellant's Subject Matter Jurisdiction Challenge in CR 333972 & CR 350831 on New Trial Motions (Jan. 6, 2003) 3 Eight District's Order granting Appellant's Motion (Jan. 7, 2003) 7 Decision of Presiding Judge James J. Sweeney as a result of Apri126, 1996 "case steering" hearing (May 20, 1996) 9 Decision of Presiding Judge James J. Sweeney removing Judge Gaul From agent Dameron's case for "case steering" (May 22, 1996) 10 Affidavit of Government Agent Glenn Dameron (May 1, 2001) 12 Affidavit of Government Agent Robert Winlock (June 6, 2004) 14 Decision of the Supreme Court remanding May 18, 2003 back to the Eighth District with instructions. -
07/02/01-February, 2007
Commissioner’s Notes Participation Sportsmanship Integrity February 2007 • PLEASE COPY AND DISTRIBUTE TO ALL ATHLETIC DEPARTMENT PERSONNEL • FROM THE COMMISSIONER’S DESK UNIFORMS NEEDED February is here and we are deep into Dave Martens, coordinator of the NIAAA’s National the winter sports seasons of Swimming Emergency Network, is requesting help for our and Diving, Wrestling, and Basketball. colleagues in New Orleans. The hard work and dedication that New Orleans is in desperate need of uniforms for boys student athletes put forth during the and girls basketball, boys and girls track, baseball and regular season culminate with the softball. They have what they call a Recovery School KHSAA post-season events. While many District, which is made up of 13 modified schools, grades enjoy post season participation 6th – 8th and five high schools. opportunities, the day to day practice and regular season participation are also important, and continue to Because this is a nationwide effort, it is important that be a great sports learning environment for students. we follow the suggested protocol to expedite and simplify the process and accomplish our goal at no cost The KHSAA continues to manage interscholastic sports to the recipients of the uniforms. with an emphasis on the values of good sportsmanship and citizenship. As we develop our programs we Each state liaison will coordinate the effort in their state continue to recognize and reward these attributes in our and decide on the method of shipping that works best student athletes through Association sponsored for their schools. Since the need for game uniforms is activities. -
Where Where Where GUESTBOOK® GUESTBOOK GUESTBOOK Chicago ® ®
9/4/13 5:47:01 PM TY i S C S a ® K ago ® NS K C a GUESTBOO K Chi GUESTBOO where where ® whereGUESTBOOK GUESTBOOK® Hotel nam KanE ciTSya Snam ciTEy 2008-20092013-2014 .xxx” where KC-GB_cover.indd 1 KC-GB_130900_IFC_Final.indd 2 9/3/13 4:42:26PM Photo credit gotham book 5.5/9Pt Welcome to KANSaS citY t P Photo credit book gotham 5.5/9 Photo KC-GB_130900_IFC_Final.indd 1 9/3/13 4:42:33 PM contents KanSaS ciTy 8 FIRST LooK 20 Time-honoRed 36 dInIng MUST-see AttRActIons ARtifacts MARveLoUs MenUs Kansas City puts its best AntIQUes A discerning selection foot forward with these Treasure-hunting with some of of dining options outstanding places KC’s best antique dealers By RoBIn WAshINGTON 42 MUseUMs & 12 AnIMALs In STONE AttRActIons cARved cReAtURes 22 neIghBoRhoods tAKe the toUR A Kansas City menagerie in gran- stARt exPLoRIng heRe The region’s top cultural ite and limestone Kansas City’s most attractions PhotogRAPhy popular districts By steve MohLenkamp 46 art & AntIQUes 28 shoPPIng coLLectoR’s choIce on the cover 16 Kc BReWed sPendIng tIMe Kansas City’s dynamic Strange Strange Sam, dInIng The best malls, stores gallery scene a granite sculpture by Andy Dufford at the Get your craft beer here, and pair and services Kansas City Zoo it with some of the most innova- 48 partIng shot ©Steve Mohlenkamp tive food in the city 34 enteRtAInMent WAteR WoRKs InsIde Front Cover By JeAn dUvALLe the nIght Is yoUng Testimony from a manhole Liberty Memorial A full spectrum, from cover frames the Kansas music to theater City skyline ©Steve Mohlenkamp 2 WHERE GUESTBOOK KC-GB_130900_toc.indd 2 9/4/13 6:55:31 PM KC-GB_130900_FullPages.indd 3 9/3/13 3:00:27 PM where GUESTBOOK® kansas city ADVERTISING & CIRCULATION REGIONAL VICE PRESIDENT Patti Ann Ruesch 312.566.5217 PUBLISHER Amy Taylor 504.450.0212 ADVERTISING COORDINATOR Katie Schillerstrom 312.566.5221 Morris Visitor Publications MVP I EXECUTIVE PRESIDENT Donna W. -
Amicus Brief of the Intellectual Property Owners Association
No. 17-1657 In the Supreme Court of the United States MISSION PRODUCT HOLDINGS, INC., PETITIONER, v. TEMPNOLOGY, LLC, N/K/A OLD COLD LLC, RESPONDENT. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT BRIEF OF THE INTELLECTUAL PROPERTY OWNERS ASSOCIATION AS AMICUS CURIAE IN SUPPORT OF NEITHER PARTY HENRY HADAD WENDY C. LARSON President TRAVIS R. WIMBERLY* JAMES TRUSSELL GIULIO YAQUINTO Chair, Amicus Brief PIRKEY BARBER PLLC Committee 600 Congress Avenue MARK W. LAUROESCH Suite 2120 Executive Director Austin, TX 78701 INTELLECTUAL (512) 322-5200 PROPERTY OWNERS [email protected] ASSOCIATION [email protected] 1501 M Street, NW, Suite 1150 Washington, DC 20005 (202) 507-4500 * Counsel of Record QUESTION PRESENTED Whether, under §365 of the Bankruptcy Code, a debtor-licensor’s “rejection” of a license agreement— which “constitutes a breach of such contract,” 11 U.S.C. §365(g)—terminates rights of the licensee that would survive the licensor’s breach under applicable non-bankruptcy law. (I) II TABLE OF CONTENTS QUESTION PRESENTED .......................................... I TABLE OF AUTHORITIES ..................................... IV INTEREST OF THE AMICUS CURIAE ................... 1 STATEMENT .............................................................. 2 SUMMARY OF THE ARGUMENT ........................... 4 ARGUMENT ............................................................... 5 I. The Court of Appeals’ Bright-Line Rule Is Needlessly Restrictive and Problematic. .............. 5 A. Neither Trademark Licensors Nor Licensees Benefit in the Long Run from the Court of Appeals’ Rule. .............................. 6 B. The Court of Appeals Relied on Misguided Concerns About a Licensor’s Quality- Control Obligations. ....................................... 12 C. The Court of Appeals’ Rule Creates Potentially Unreasonable Results. ................ 18 D. The Court of Appeals Relied on Incorrect Assumptions—Disproved by the Statutory Text and the Legislative History—About Congress’ Intent. -
In the United States District Court for the Western District of Texas Austin Division
Case 1:06-cv-00950-LY Document 53 Filed 02/05/08 Page 1 of 34 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION THE BOARD OF REGENTS, § THE UNIVERSITY OF TEXAS SYSTEM, § ON BEHALF OF THE UNIVERSITY OF § TEXAS AT AUSTIN § A-06-CA-950 LY § v. § § KST ELECTRIC, LTD. § REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE TO: THE HONORABLE LEE YEAKEL UNITED STATES DISTRICT JUDGE The Magistrate Court submits this Report and Recommendation to the United States District Court pursuant to 28 U.S.C. §636(b) and Rule 1 of Appendix C of the Local Court Rules of the United States District Court for the Western District of Texas, Local Rules for the Assignment of Duties to United States Magistrate Judges. Before the Court are Defendant’s Motions for Summary Judgment (Clerk’s Doc. No. 37 & 38). On November 26, 2007, Judge Yeakel referred all dispositive motions to the Court for a Report and Recommendation. SUMMARY JUDGMENT STANDARD OF REVIEW Summary judgment shall be rendered when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. FED. R. CIV. P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 323-25 (1986); Ragas v. Tennessee Gas Pipeline Co., 136 F.3d 455, 458 (5th Cir. 1998). A dispute regarding a material fact is “genuine” if the evidence is such that a reasonable jury could return a verdict in favor of the Case 1:06-cv-00950-LY Document 53 Filed 02/05/08 Page 2 of 34 nonmoving party. -
2010 Marquette University Men's Soccer
2010 MARQUETTE UNIVERSITY MEN’S SOCCER BIG EAST MEN’S SOCCER CHAMPIONSHIP MARQUETTE vs 19/12 NOTRE DAME November 6, 2010 • 5 p.m. CT Alumni Stadium • Notre Dame, Ind. LIVE STATS / GAMETRACKER www.GoMarquette.com MU TELEVISION / RADIO VIDEO - UND.com No. 6 Blue Division No. 2 Blue Divison RADIO - GoMarquette.com Overall Record: 7-7-4 Overall Record: 9-4-4 Media Contact: Luke LeNoble | O: 414.288.6980 | C: 414.313.2238 | [email protected] | GoMarquette.com 2010 MEN’S SOCCER SCHEDULE/RESULTS KEY STORYLINES • Marquette earned its second straight BIG EAST Men’s Date Opponent Location Time/Result TV/Radio Soccer Championship berth by virtue of earning the No. 6 9/1 MILWAUKEE VALLEY FIELDS L, 2-4 Sports32/MU Radio seed in the Blue Division with a league record of 3-4-2 and 9/5 at Western Illinois Macomb, Ill. T, 0-0 (2 OT) -- 11 points in conference play this season. 9/10 FGCU! VALLEY FIELDS W, 1-0 -- 9/12 SANTA CLARA! VALLEY FIELDS L, 0-2 MU Radio • MU is coming off a 3-1 opening-round victory at St. 9/17 at 19/15 Michigan State# East Lansing, Mich. L, 0-1 -- John’s and advances to the BIG EAST quarterfi nals for 9/19 MICHIGAN# VALLEY FIELDS T, 1-1 (2OT) MU Radio 9/24 at Rutgers* Piscataway, N.J. W, 1-0 FiOS1 Sports (TV) the fi rst time since joining the conference in 2005 ... The 9/28 WISCONSIN VALLEY FIELDS W, 1-0 Sports32/MU Radio Golden Eagles have a 1-1 all-time record in the tourna- 10/1 3/4 CONNECTICUT* VALLEY FIELDS T, 1-1 (2OT) MU Radio ment, falling to USF 2-1 in last year’s fi rst round. -
About the Wisconsin Policy Forum
About the Wisconsin Policy Forum The Wisconsin Policy Forum was created on January 1, 2018, by the merger of the Milwaukee-based Public Policy Forum and the Madison-based Wisconsin Taxpayers Alliance. Throughout their lengthy histories, both organizations engaged in nonpartisan, independent research and civic education on fiscal and policy issues affecting state and local governments and school districts in Wisconsin. The Wisconsin Policy Forum is committed to those same activities and to that spirit of nonpartisanship. Preface and Acknowledgments This report was undertaken to paint a clearer picture of the youth sports landscape in the city of Milwaukee: what options are available to kids and their families, what are the characteristics of these programs and how are they supported financially, and what are some of the primary challenges facing the city’s youth sports organizations. We hope that this research will help guide youth sports leaders, funders, and policymakers. Report authors would like to thank the representatives of youth sports organizations who shared information by responding to our survey, as well as key informants who provided additional insight. In addition, we are grateful to members of the advisory committee convened to guide this report for generously providing their time and expertise; and to representatives from Milwaukee Recreation for taking the time to provide us with important information about the unique role they play in Milwaukee’s youth sports landscape. Finally, we wish to thank the Milwaukee Youth Sports Alliance for spearheading this initiative, and the Milwaukee Bucks and Bader Philanthropies for their contributions that helped make this research possible. -
Auction Results for 690 - Haute Couture & Luxury Fall Fashion (Online Only) September 17, 2019
Auction Results for 690 - Haute Couture & Luxury Fall Fashion (Online Only) September 17, 2019 Lot and Description Low High Price Realized 1 - Christian Dior Haute Couture Day Dress and Belt, Autumn/Winter $3,000 $5,000 $3,750 1954 Christian Dior Haute Couture Ensemble, Autumn/Winter $1,500 $2,500 $1,875 2 - 1957 3 - Christian Dior by Yves Saint Laurent Haute Couture Ensemble, $1,500 $2,500 $1,875 Spring/Summer 1958 4 - Christian Dior by Yves Saint Laurent Haute Couture Ensemble, $1,500 $2,500 $2,375 Spring/Summer 1958 5 - Christian Dior by Yves Saint Laurent Haute Couture Dress and Shoes, $1,200 $1,800 $5,000 Spring-Summer 1958 6 - Christian Dior by Marc Bohan Haute Couture Ensemble, Spring- $1,500 $2,500 $5,500 Summer 1961 7 - Christian Dior by Marc Bohan Haute Couture Ensemble, Spring- $1,200 $1,800 $1,500 Summer 1961 8 - Christian Dior by Marc Bohan Haute Couture Coat, Spring-Summer $800 $1,000 $1,000 1961 9 - Christian Dior by Marc Bohan Haute Couture Ensemble, Spring- $1,000 $1,500 $6,250 Summer 1961 10 - Christian Dior by Marc Bohan Haute Couture ensemble, Autumn- $1,500 $2,500 $1,875 Winter 1961 11 - Christian Dior by Marc Bohan Haute Couture Ensemble, Spring- $1,200 $1,800 $1,500 Summer 1964 12 - Christian Dior by Marc Bohan Haute Couture Dress, Inner Bodice and $2,000 $3,000 $8,125 Shoes, Spring-Summer 1964 13 - Christian Dior by Marc Bohan Haute Couture Ensemble, Autumn- $300 $500 $1,375 Winter 1964 14 - Christian Dior by Marc Bohan Haute Couture Ensemble, Autumn- $1,500 $2,500 $1,875 Winter 1964 15 - Christian Dior by Marc -
Regional Southeastern Wisconsin Regional Planning Commission City of Cudahy Officials
MEMORANDUM REPORT NO. 83 PARK WARNIMO SOUTHEASTERN W I S C 0 N""S I N REGIONAL SOUTHEASTERN WISCONSIN REGIONAL PLANNING COMMISSION CITY OF CUDAHY OFFICIALS KENOSHA COUNTY RACINE COUNTY MAYOR Leon T. Dreger David B. Falstad, Chairman Raymond S. Glowacki Francis J. Pitts Martin J. Itzin Sheila M. Siegler, Jean M. Jacobson, Treasurer Secretary CLERK/TREASURER Joseph R. Bukowski MILWAUKEE COUNTY WALWORTH COUNTY William Ryan Drew John D. Ames Patrick Marchese Anthony F. Balestrieri COMMON COUNCIL Thomas W. Meaux Allen L. Morrison, Vice-Chairman Ronald E. Smolinski, President Richard W. Grams Angeline McKelvie OZAUKEE COUNTY WASHINGTON COUNTY Glen F. Proeber Kenneth Widowski Leroy A. Bley Daniel S. Schmidt Thomas H. Buestrin Patricia A Strachota Elroy J. Schreiner Frank F. Uttech WAUKESHA COUNTY Duane H. Bluemke Robert F. Hamilton Paul G. Vrakas SOUTHEASTERN WISCONSIN REGIONAL PLANNING COMMISSION STAFF Kurt W. Bauer, PE, AICP, RLS .Executive Director Philip C. Evenson, AICP .. ..Assistant Director Kenneth R. Yunker, PE .Assistant Director Robert P. Biebel, PE .Chief Environmental Engineer Leland H. Kreblin, RLS .Chief Planning Illustrator Donald R. Martinson, PE .Chief Transportation Engineer John R. Meland .Chief Economic Development Planner Thomas D. Patterson .Geographic Information Systems Manager Bruce P. Rubin .Chief Land Use Planner Roland O. Tonn, AICP .Chief Community Assistance Planner Joan A. Zenk .Administrative Officer MEMORANDUM REPORT NUMBER 83 CITY OF CUDAHY ECONOMIC DEVELOPMENT FACT BOOK MILWAUKEE COUNTY, WISCONSIN Prepared by the Southeastern Wisconsin Regional Planning Commission P. O. Box 1607 Old Courthouse 916 N. East Avenue Waukesha. Wisconsin 53187-1607 August 1993 Inside Region $2.50 Outside Region $5.00 (This page intentionally left blank) TABLE OF CONTENTS Page SECTION I - NATURAL RESOURCE AND PHYSICAL CHARACTERISTICS... -
New York / December 2010 / December York / New Frontdesk New York Dining / Nightlife / Shopping / Culture / Maps
FrontDesk / New York / December 2010 New York Dining / Nightlife / Shopping / Culture / Maps December 2010 2010 D . Y U R M A N © EXCLUSIVELY AT THE TOW N HOUSE , MADISON & 6 3 R D 212 7 5 2 4 2 5 5 DAVIDYURMAN.COM NOTE EDITOR’S DORSET JUSTIN VIRGINIA SHANNON EDITOR-IN-CHIEF PHOTO: New York radiates magic throughout the holiday season. I know that sounds like a cliché. But if you’ve ever experienced our great city at this time of year, you know I’m right. With or without a fresh sprinkling of glimmering snow, NYC offers so much to do. Front Desk fills you in on the options, beyond the usual suspects (Rockefeller Center, the Radio City Christmas Spectacular), enumerating festive alt-holiday activities to help you make the most of the season (p. 26). Of course, you can always go the Top 5 Picks traditional route and spend your time here shopping for gifts. Luckily, top fashion X NEW PLAY: U2’s Bono houses have just opened some must-visit and the Edge scored the new stores for the occasion (p. 20). Spider-Man musical! If the cold weather gets the better of X NEW PERFORMANCES: you, stop into a cozy eatery for some soul- Alvin Ailey’s City Center warming nourishment. We point you season celebrates 50 toward the best new comfort-food spots years of “Revelations.” (p. 24) and offer the inside scoop on Mario X NEW STORE: The just- Batali’s mega–resto-market Eataly (p. 18). opened Michael Kors If you skew more naughty than nice, the boutique on Bleecker. -
The Bmo Harris Bradley Center and Mmac's Champions of the Community
THE BMO HARRIS BRADLEY CENTER AND MMAC’S CHAMPIONS OF THE COMMUNITY Building a Bridge from the Bradley Center to the Future THE BMO HARRIS BRADLEY CENTER • On May 21, 2012, the Metropolitan Milwaukee Association of Commerce, the Bradley Center, the Milwaukee Bucks and BMO Harris Bank announced a naming sponsorship by BMO Harris Bank that would expand the name of the building to the BMO Harris Bradley Center. The BMO Harris Bradley Center name will soon appear on interior and exterior signage, the scoreboard, event tickets and more. • Construction of the Bradley Center was funded through a $93 million donation by philanthropist Jane Bradley Pettit, who named the arena after her father, Harry Lynde Bradley, founder of Milwaukee’s Allen Bradley Company. David and Lynde Uihlein, the children of Mrs. Pettit and grandchildren of Mr. Bradley, have expressed their full support for BMO Harris Bank’s sponsorship and the expanded building name. • BMO Harris Bank has also announced a six-year sponsorship of the Milwaukee Bucks. As part of the sponsorship, it has created the BMO Harris Boys & Girls Club, which will set aside seats at Bucks’ home games for area not-for-profit organizations. CHAMPIONS OF THE COMMUNITY • The Metropolitan Milwaukee Association of Commerce (MMAC) launched the Champions of the Community program late last year to generate more area business support of the Bradley Center and help build a bridge from the Bradley Center to the future. • To date, metro Milwaukee business Champions have contributed more than $18 million to extend the life of the Bradley Center, enhance the fan experience and preserve it as a powerful economic engine for the Southeast Wisconsin region. -
Naming Rights and Sponsorship Practice
NAMING RIGHTS AND SPONSORSHIP PRACTICE Bryan Cave Leighton Paisner is a leader in naming rights and sponsorship transactions, representing both sports and entertainment properties and corporate sponsors. NAMING RIGHTS With naming rights representations with an aggregate value in excess of $4.3 billion and significant experience on both the sports and entertainment property and the sponsor side, we are among the most active law firms in the world in advising with respect to naming rights transactions. We have been at the table for a number of the largest naming rights deals in history, including some of the largest known naming rights deals on each side of the Atlantic in the 20 year naming rights agreement for SoFi Stadium in Los Angeles, the $400 million naming rights agreement for Citi Field in New York and the 15 year agreement to rename the London Millennium Dome to The O2, as well as the naming rights deal for the Dolby Theatre, home of the Academy Awards, and the Johnson Controls Hall of Fame Village adjacent to the Pro Football Hall of Fame, as well as various restructurings of significant naming rights agreements (including to address the impact of COVID-19). Representative naming rights engagements we have handled include the following: Ameriquest Field Bank of America Stadium Citi Field Coors Field (Texas Rangers) (Carolina Panthers) (New York Mets) (Colorado Rockies) Dolby Theatre Enterprise Center Fiserv Forum The Home Depot Center (Milwaukee Bucks and (Home of the Academy Awards) (St. Louis Blues) Marquette Golden Eagles) (Los Angeles Galaxy) Honda Center Johnson Controls The O2 Oracle Arena (Anaheim Ducks) Hall of Fame Village (London) (Golden State Warriors) (Pro Football Hall of Fame) Pepsi Center Progressive Field Qwest Field SoFi Stadium (Colorado Avalanche and Denver Nuggets) (Cleveland Indians) (Seattle Seahawks) (LA Rams and LA Chargers) Sprint Center STAPLES Center Stifel Theatre (LA Lakers, Clippers, Kings, (Kansas City) Sparks & Avengers) (St.