alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES DISTRICT COURT 

MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

BETTY WEATHERS, * 

 * 

 Plaintiff, * 

 * 

v. * CASE NO.: 2:06-cv-0666-WHA 

 * 

ELI LILLY AND COMPANY, et al. * 

 * 

Defendants. * 

PLAINTIFF’S MOTION TO REMAND

COMES NOW THE PLAINTIFF, Betty Weathers, by and through her counsel of 

record, and respectfully request this Court or remand the above cause to the Circuit Court 

of Elmore County, Alabama. The Defendants have failed to establish that this cause falls 

under the jurisdiction of the federal courts. Plaintiff brings this Motion pursuant to 28 

U.S.C. § 1447, and in further support hereof, state as follows: 

1. This Court lacks jurisdiction over this matter, in that the Court could not 

have had “original” jurisdiction over this matter, had the Plaintiff elected to file the cause 

in federal court, as required by 28 U.S.C. § 1441. 

2. This cause does not present any federal questions which would invoke this 

Court’s jurisdiction over these proceedings, as permitted by 28 U.S.C. § 1331. State law 

predominates over the issues in this cause. 

3. Furthermore, one of the named Defendants shares the same state 

citizenship as the Plaintiff. Plaintiff and Defendant, Yolanda McCain, are residents of the 

State of Alabama. As such, complete diversity of citizenship, as mandated by 28 U.S.C. 

§ 1332, is absent. 

1

Case 2:06-cv-00666-WHA-TFM Document 12 Filed 07/31/2006 Page 1 of 3
4. Defendant Lilly’s assertion that the Plaintiff has fraudulently joined the instate, individual Defendant is without merit and is unsupported by the evidence in this 

cause. Plaintiff in her state court complaint has averred viable claims under Alabama law 

against all Defendants. All Defendants are properly joined to this action. Defendant 

Lilly has failed to show that Alabama resident, Yolanda McCain, is fraudulently joined 

by the Plaintiff for the purpose of defeating federal jurisdiction. 

For the reasons stated above and in the accompanying Brief in Support of Motion 

to Remand, Plaintiff urges the Court to remand this action to the Circuit Court of Elmore 

County, Alabama. 

Respectfully submitted this 31st day of July, 2006. 

 /s/ FRANK WOODSON 

 E. FRANK WOODSON (WOODS479) 

 Attorney for Plaintiff 

OF COUNSEL: 

BEASLEY, ALLEN, CROW, METHVIN, 

 PORTIS & MILES, P.C. 

Post Office Box 4160 

Montgomery, Alabama 36103-4160 

Phone: (334) 269-2343 

Fax: (334) 954-7555 

2

Case 2:06-cv-00666-WHA-TFM Document 12 Filed 07/31/2006 Page 2 of 3
CERTIFICATE OF SERVICE

 I hereby certify that I have served a copy of the foregoing document upon the parties 

as listed below by placing a copy of same in the United States Mail, first class postage 

prepaid, on this the 31st day of July, 2006. 

James C. Barton 

Alan D. Mathis 

JOHNSTON BARTON PROCTOR & POWELL LLP 

2900 AmSouth/Harbert Plaza 

1901 Sixth Avenue North 

Birmingham, Alabama 35203

 /s/ FRANK WOODSON 

 OF COUNSEL

3

Case 2:06-cv-00666-WHA-TFM Document 12 Filed 07/31/2006 Page 3 of 3
1502.100 Definitions.       *Chief of the Contracting Office (CCO)* means the Office of Acquisition Management Division Directors at Headquarters, Research Triangle Park and Cincinnati. For purposes of ratification authority only, CCO also includes Regional Acquisition Managers. (See 1501.602-3(b)(3) for the criteria for this ratification authority).          *Commercial supplier agreements (CSAs)* mean terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of “commercial item” set forth in FAR 2.101 and intended to create a binding legal obligation on the end user. CSAs are common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, and they may apply to any supply or service. CSAs may apply regardless of the format or style of the document (for example, a CSA may be styled as *standard terms of sale or lease, Terms of Service* (TOS), *End User License Agreement* (EULA), or another similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order). CSAs may also apply regardless of the media or delivery mechanism used (for example, a CSA may be presented as one or more paper documents, or may appear on a computer or other electronic device screen during a purchase, software installation, product delivery, registration for a service, or other transaction).          *Head of the Contracting Activity (HCA)* means the Director, Office of Acquisition Management.          *Senior Procurement Executive (SPE)* means the Director, Office of Acquisition Management.    **Parent topic:** Subpart 1502.1 - Definitions
IN THE SUPREME COURT OF THE STATE OF MONTANA

* * * * *

IN RE THE MARRIAGE OF, ) Cause No. DA 20-0518

)

THERESA CARBAH ) ORDER OF SUBSTITUTION OF

) MEDIATOR

Petitioner and Appellee, )

)

and )

)

CHRISTOPHER CARBAH, )

)

Respondent and Appellant. )

)

)

UPON Stipulation of the parties, and there appearing good cause therefore, IT IS HEREBY

ORDERED that Vuko Voyich is substituted for Dana Christian as the mediator in this case.

date

Supreme Court Justice

Cc: Kirsten Mull Core

Karl Knuchel

Dana Christian

-1-

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

December 14 2020

12/14/2020

Case Number: DA 20-0518
IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA )

 )

 v. ) 2:06-MJ-069-DRB

 )

ROSA E. RINCON )

ORDER ON MOTION

Upon consideration of Defendant’s Motion for Funds to Employ Interpreter, (Doc.

25, filed July 24, 2006), it is 

ORDERED that the Motion is GRANTED with two provisos: (1) that authorized

expenses for such interpreter do not exceed $1,000.00, and (2) that counsel undertake,

whenever possible, to schedule the services of certified interpreter Beverly Childress on

dates she is already committed to this court for translator services in Montgomery. 

DONE this 24 day of July, 2006. th

/s/ Delores R. Boyd

DELORES R. BOYD

UNITED STATES MAGISTRATE JUDGE

Case 2:06-cr-00200-WHA-CSC Document 26 Filed 07/24/2006 Page 1 of 1
#### David Rosenzweig, Respondent, v. Arista Truck Renting Corp., Defendant and Third-Party Plaintiff-Appellant. J. C. Truck Equipment, Inc., Defendant and Third-Party Defendant-Respondent-Appellant, et al., Defendant.

— In an action to recover damages for personal injuries based upon breach of warranty and negligence, the appeals are as follows from a judgment of the Supreme Court, Kings County, entered October 14,1968 (1) in favor of plaintiff against appellants upon a jury verdict and (2) dismissing the cross complaint of defendant Arista Truck Renting Corp. against defendant J. C. Truck Equipment, Inc., upon decision of the trial court: Each said defendant appeals from only so much of the judgment as is against it. Judgment reversed insofar as appealed from by defendant J. C. Truck Equipment, Inc., on the law and the facts, with costs to said defendant against plaintiff, and complaint dismissed as to said defendant. Judgment otherwise modified, on the law, by striking out all its provisions in favor of plaintiff against defendant Arista Truck Rental Corp., *543and, as between plaintiff and the latter defendant, action severed and new trial granted, with costs to abide the event, and judgment, insofar as appealed from, affirmed as so modified; the questions of fact as between plaintiff and said defendant have not been considered. Plaintiff sought to recover for injuries allegedly caused by a defective hydraulic lift installed by defendant J. C. Truck Equipment, Inc., on a truck owned by defendant Arista Truck Renting Corp. and leased to plaintiff’s employer. In product liability cases we have held that "in order for plaintiff to succeed under either of his causes of action” [negligence and breach of warranty] it is necessary for him to demonstrate that the instrumentality causing injury was “ in a defective condition on the date it was delivered” (C*ascia*v. *Maze Woodenware Co.,*29 A D 2d 964, mot. for lv. app. den. and dec. amd. 30 A D 2d 806, affd. 23 N Y 2d 1000; *Natale*v. *Pepsi-Cola Co.,*7 A D 2d 282). Plaintiff has not sustained the burden of proof on this issue. Accordingly, there was no evidence to support the jury’s verdict against J. C. Truck Equipment, Inc.; and the judgment against it must therefore be reversed and the complaint dismissed. For this same reason, dismissal of the cross complaint of defendant Arista against J. C. Truck Equipment was correct. As for defendant Arista, a crucial issue was its notice of the claimed defective condition prior to the accident. Arista denied receiving such notice. The only evidence on this point was the testimony of a fellow employee of plaintiff as to a telephone conversation between their employer and an officer of Arista. This witness was not a party to the telephone conversation although he was present in his employer’s office at the time. This testimony, which clearly was hearsay, was received into evidence over objection by Arista. In our opinion, this was prejudicial error requiring a new trial as between plaintiff and Arista. Beldock, P. J., Christ, Munder, Martuscello and Kleinfeld, JJ., concur.
1435.010 Scientific and technical reports.

If a Research and Development (R&D) contract results involve classified or national security

information, the CO shall follow the agency procedures prescribed in DIAR 1404.403 prior to making

the results available. Copies of publications and reports are also required to be sent to the DOI

Departmental Library, 1849 C Street, NW., MS-2258, Main Interior Building, Washington, DC

20240.

Parent topic: PART 1435 - RESEARCH AND DEVELOPMENT CONTRACTING
<PAGE>

Exhibit 3(d)

                             CERTIFICATE OF AMENDMENT
                                       OF
                           CERTIFICATE OF INCORPORATION         [STAMP]
                                       OF
                          ENCORE COMPUTER CORPORATION


       ENCORE COMPUTER CORPORATION, a corporation organized and existing under
and by virtue of the General Corporation Law of the State of Delaware,

       DOES HEREBY CERTIFY:

       FIRST      THAT Article FOURTH of the Certificate of Incorporation be and
it hereby is amended to read as follows:

                  FOURTH: The total number of shares of stock which the
                  Corporation shall have authority to issue is Thirty Million
                  (30,000,000) shares of Common Stock, $.01 par value per share.

       SECOND:    That the amendment was duly adopted in accordance with the
provisions of Section 242 of the General Corporation Law of the State of
Delaware.

       THIRD:     That written consent has been given by the stockholders in
accordance with Section 228 of the General Corporation Law of the State of
Delaware, and written notice of said action has been given to those stockholders
who have not consented thereto in writing, as required by said Section 228.

       IN WITNESS WHEREOF, said ENCORE COMPUTER CORPORATION has caused this
certificate to be signed by a Vice President, as of the 13th day of January,
1984, and attested by its Secretary.


                          ENCORE COMPUTER CORPORATION


                          By  /s/ [ILLEGIBLE]
                             ------------------------
                              Vice President


ATTESTED:

/s/ [ILLEGIBLE]
--------------------------
Secretary
IV 

109TH CONGRESS 

1ST SESSION H. RES. 23

Honoring the contributions of Catholic schools. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2005

Mr. KENNEDY of Minnesota (for himself, Mr. GILLMOR, Mr. HAYWORTH, Mr. 

MURPHY, Mr. BAKER, Mr. GINGREY, Mr. FOLEY, Mr. TIBERI, Ms. KAPTUR, Mr. ENGLISH of Pennsylvania, and Mr. BACHUS) submitted the following resolution; which was referred to the Committee on Education and 

the Workforce 

RESOLUTION

Honoring the contributions of Catholic schools.

Whereas America’s Catholic schools are internationally acclaimed for their academic excellence, but provide students more than a superior scholastic education; 

Whereas Catholic schools ensure a broad, values-added education emphasizing the lifelong development of moral, intellectual, physical, and social values in America’s young 

people; 

Whereas the total Catholic school student enrollment for the 

2004–2005 academic year is about 2.5 million and the 

student-teacher ratio is 15 to 1; 

Whereas Catholic schools teach a diverse group of students; 
2

HRES 23 IH 

Whereas more than 26 percent of school children enrolled in 

Catholic schools are from minority backgrounds, and 

nearly 14 percent are non-Catholics; 

Whereas Catholic schools produce students strongly dedicated 

to their faith, values, families, and communities by providing an intellectually stimulating environment rich in 

spiritual, character, and moral development; 

Whereas in the 1972 pastoral message concerning Catholic 

education, the National Conference of Catholic Bishops 

stated: ‘‘Education is one of the most important ways by 

which the Church fulfills its commitment to the dignity 

of the person and building of community. Community is 

central to education ministry, both as a necessary condition and an ardently desired goal. The educational efforts 

of the Church, therefore, must be directed to forming 

persons-in-community; for the education of the individual 

Christian is important not only to his solitary destiny, 

but also the destinies of the many communities in which 

he lives.’’; and 

Whereas January 30 to February 5, 2005, has been designated as Catholic Schools Week by the National Catholic Educational Association and the United States Conference of Catholic Bishops: Now, therefore, be it

1 Resolved, That the House of Representatives—

2 (1) supports the goals of Catholic Schools 

3 Week, an event co-sponsored by the National Catho4 lic Educational Association and the United States 

5 Conference of Catholic Bishops and established to 

6 recognize the vital contributions of America’s thou-
3

HRES 23 IH 

1 sands of Catholic elementary and secondary schools; 

2 and 

3 (2) congratulates Catholic schools, students, 

4 parents, and teachers across the Nation for their on5 going contributions to education, and for the key 

6 role they play in promoting and ensuring a brighter, 

7 stronger future for this Nation.

Æ
# Subpart 614.2—Solicitation of Bids

Source:                                64 FR 43623, Aug. 11, 1999, unless otherwise noted.                               

**Parent topic:**PART 614—SEALED BIDDING

## 614.201 Preparation of Invitation for Bids (IFB).

## 614.201-70 Use of English language.

Use of English language solicitations and contracts is mandatory unless a deviation has been approved by the Procurement Executive in accordance with 601.470. If any part of a contract is not written in the English language, the contracting officer shall attach an accurate English language translation of such part to the original and each copy of the contract, unless the contracting officer determines such action is infeasible.
614.407-4 Mistakes after award.

The authority to make all determinations prescribed in FAR 14.407–4 is delegated, without power of

redelegation, to the head of the contracting activity. In conformance with FAR 14.407–4(d), the head

of the contracting activity shall consult with the Office of the Legal Adviser before making any

determinations pursuant to this subsection.

Parent topic: Subpart 614.4—Opening of Bids and Award of Contract
SEMT 2012-6

 

EX-31 Rule 13a-14(d)/15d-14(d) Certification.

 

I, Jeremy P. Strom, certify that:

 

1.	I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Sequoia Mortgage Trust 2012-6 (the “Exchange Act periodic reports”);

 

2.	Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

 

3.	Based on my knowledge and except as disclosed in the Exchange Act periodic reports, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;

 

4.	Based on my knowledge and the servicer compliance statements required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicers have fulfilled their obligations under the servicing agreements in all material respects; and

 

5.	All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.

 

In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties: CoreLogic Tax Services, LLC (“CoreLogic”), American Security Insurance Company, Standard Guaranty Insurance Company and TrackSure Insurance Agency, Inc. (collectively, “Assurant”), Cenlar, FSB as Servicer,  First Republic Bank as Servicer, JP Morgan Chase Bank, N.A. as Servicer, PHH Mortgage Corporation as Servicer, Wells Fargo Bank, N.A. as Custodian and Master Servicer, Computershare Trust Company, N.A. as Custodian and Master Servicer, and Citibank, N.A. as Securities Administrator and Paying Agent.

 

Date: April 1, 2024

 

/s/	Jeremy P. Strom	

Signature

 

President

(senior officer in charge of securitization of the depositor)

----
Case 2:06-cv-00717-ID-SRW Document 76 Filed 08/27/2007 Page 1 of 1
629.402-1-70 DOSAR contract clause.       The contracting officer shall insert the clause at 652.229–71, Personal Property Disposition at Posts Abroad, in all solicitations and contracts performed overseas.    **Parent topic:** Subpart 629.4—Contract Clauses
<PAGE>
      EXHIBIT 11 - STATEMENT RE COMPUTATION OF PER SHARE EARNINGS

National City Bancshares, Inc.
Earnings per Share Calculation
For the Period Ending March 31

<TABLE>
<CAPTION>

                                              1998             1997   
----------------------------------------------------------------------
<S>                                        <C>              <C>
Net income                                 $5,113,000       $4,673,000

Basic earnings per share
------------------------
Weighted average shares outstanding        10,744,301       10,684,348

Basic earnings per share                        $0.48            $0.44 


Diluted earnings per share
--------------------------
Weighted average shares outstanding        10,744,301       10,684,348
Common stock equivalents due to
  stock options                               149,246          119,538
----------------------------------------------------------------------
Adjusted shares outstanding                10,893,547       10,803,886

Diluted earnings per share                      $0.47            $0.43

</TABLE>

<PAGE>
§ 217.92 Applicability of this part and official actions. ( a ) This part and all official actions, unless specifically stated otherwise, apply to transactions in any state, territory, or possession of the United States and the District of Columbia.
( b ) This part and all official actions apply not only to deliveries to other persons but also include deliveries to affiliates and subsidiaries of a person and deliveries from one branch, division, or section of a single entity to another branch, division, or section under common ownership or control.
( c ) This part and its schedules shall not be construed to affect any administrative actions taken by the Department of Energy, or any outstanding contracts or orders placed pursuant to any of the regulations, orders, schedules or delegations of authority previously issued by the Department of Energy pursuant to authority granted to the President in the Defense Production Act. Such actions, contracts, or orders shall continue in full force and effect under this part unless modified or terminated by proper authority.
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

October 29, 2007 Clifford W. Taylor,

 Chief Justice 

134605 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 134605 

 COA: 268150 

St. Clair CC: 05-000220-FH 

TERRY LEE CEASOR,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the July 12, 2007 

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. 

p1022 

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. 

October 29, 2007 

 Clerk
#### Joyce Mandel, Respondent, v. Lawrence Mandel, Appellant.

In an action for separation or, in the -alternative, for divorce, defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings *828County, dated December 17, 1969, as directed him to pay $200 a week for temporary alimony and child support. Order modified, on the law and the facts, by striking from the second and fourth decretal paragraphs thereof the figure *“*$200.00 ” and substituting therefor the figure *“*$150.00 ”. As so modified, order affirmed insofar as appealed from, without costs. Under all the circumstances, so far as the facts can be determined from the affidavits, it is our opinion that the award was excessive to the extent indicated. In view of the numerous adjournments heretofore had in this ease, the ease should be brought to trial without further unnecessary delay. Christ, P. J., Rabin, Hopkins, Brennan and Benjamin, JJ., concur.
2002.100 Definitions.       *Agency* means the Nuclear Regulatory Commission (NRC).          *Agency Head* or *Head of the Agency* means the NRC Executive Director for Operations, for the purposes specified in the regulations in this chapter and the FAR. This delegation does not extend to internal NRC requirements such as clearance levels and Commission papers which specify higher levels of authority.          *Commission* means the NRC Commission of five members, or a quorum thereof, sitting as a body, as provided by Section 201 of the Energy Reorganization Act of 1974 (42 U.S.C. 5841).          *Competition Advocate* means the individual appointed as such by the Agency Head as required by Public Law 98-369. The Director, Division of Contracts and Property Management, has been appointed the Competition Advocate for the NRC.          *Head of the Contracting Activity* means the Director, Division of Contracts and Property Management.          *Senior Procurement Executive* means the individual appointed as such by the Agency Head pursuant to Executive Order 12352. The Deputy Executive Director for Management Services, has been appointed the NRC Senior Procurement Executive.          *Simplified acquisitions* means those acquisitions conducted using the methods, policies, and procedures of FAR part 13 for making purchases of supplies or services.          *Task and Delivery Order Ombudsman* means the Director, Division of Contracts and Property Management, or designee pursuant to section 1004(a) of Pub. L. 103-355, the Federal Acquisition Streamlining Act.    **Parent topic:** Subpart 2002.1 - Definitions