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

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

CINDY WALKER, )

)

Plaintiff, )

)

v. ) CAUSE NO. 1:13-CV-92

)

ST. JUDE MEDICAL, INC.; ADVANCED )

NEUROMODULATION SYSTEMS, INC. )

d/b/a St. Jude Medical Neuromodulation; )

OM GROUP, INC.; and EAGLEPICHER )

MEDICAL POWER, LLC; )

)

Defendants. )

OPINION AND ORDER

This case was filed in this Court on March 29, 2013, based on diversity jurisdiction

pursuant to 28 U.S.C. § 1332(a). (Docket # 1.) The Complaint alleges that Defendant “OM

Group, Inc. is a corporation organized and existing under the laws of Delaware, having its

headquarters located” in Ohio and that Defendant “EaglePicher Medical Power, LLC is a limited

liability company organized and existing under the laws of Delaware, having its principal place

of business located” in Missouri. (Compl. ¶¶ 6-7.) 

The Complaint, however, is inadequate for two reasons. First, as to Defendant OM

Group, Inc., corporations “are deemed to be citizens of the state in which they are incorporated

and of the state in which they have their principal place of business.” N. Trust Co. v. Bunge

Corp., 899 F.2d 591, 594 (7th Cir. 1990) (emphases added); see 28 U.S.C. § 1332(c)(1). The

term “principal place of business” refers to the corporation’s “nerve center”—the place where a

corporation’s officers direct, control, and coordinate the corporation’s activities. Hertz Corp. v.

1
Friend, 130 S. Ct. 1181, 1192 (2010). Thus, the Court must be apprised of both facts with

respect to Defendant OM Group, Inc.—its state of incorporation and the state in which its

principal place of business, rather than its headquarters, is located.

As to the citizenship of EaglePicher Medical Power, LLC, a limited liability company’s

citizenship “for purposes of . . . diversity jurisdiction is the citizenship of its members.” 

Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998). Therefore, the Court must be advised

of the citizenship of all the members of EaglePicher Medical Power, LLC to ensure that none of

its members share a common citizenship with Plaintiff. Hicklin Eng’g, L.C. v. Bartell, 439 F.3d

346, 347 (7th Cir. 2006). Moreover, citizenship must be “traced through multiple levels” for

those members of EaglePicher Medical Power, LLC who are a partnership or a limited liability

company, as anything less can result in a dismissal or remand for want of jurisdiction. Mut.

Assignment & Indem. Co. v. Lind-Waldock & Co., LLC, 364 F.3d 858, 861 (7th Cir. 2004). As

such, alleging that EaglePicher Medical Power, LLC is organized under the laws of Delaware

and has its principal place of business in Missouri is insufficient to establish its citizenship.

Therefore, Plaintiff Cindy Walker is ORDERED to supplement the record by filing an

Amended Complaint on or before April 16, 2013, properly alleging the citizenship of Defendants

OM Group, Inc. and EaglePicher Medical Power, LLC and tracing the citizenship of all

unincorporated associations through all applicable layers of ownership.

SO ORDERED.

Enter for this 2nd day of April, 2013.

/S/ Roger B. Cosbey 

Roger B. Cosbey,

United States Magistrate Judge

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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

WAYMO LLC,

Plaintiff,

v.

UBER TECHNOLOGIES, INC., et al.,

Defendants.

Case No.17-cv-00939-WHA (JSC)

ORDER DISMISSING AS MOOT OTTO 

TRUCKING'S MOTION TO COMPEL

Re: Dkt. No. 2036

Now pending before the Court is Otto Trucking’s motion to compel Waymo to produce 

further documents related to its investigation of Anthony Levandowski. (Dkt. No. 2036.) Uber 

did not join in the motion. In light of the district court’s order today granting Otto Trucking’s 

motion for summary judgment, Otto Trucking’s motion to compel is dismissed as moot. (Dkt. No. 

2151.) The October 31, 2017 discovery hearing is therefore vacated.

This Order disposes of Docket Nos. 2036, 2041.

IT IS SO ORDERED.

Dated: October 30, 2017

JACQUELINE SCOTT CORLEY

United States Magistrate Judge
**Exhibit
      32.1**





**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 Wentworth VI, Inc. (the "Company") on
      Form
      10-KSB for the fiscal year ended December 31, 2007 as filed with the Securities
      and Exchange Commission on the date hereof (the "Report"), I, Kevin R. Keating,
      certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of
      the
      Sarbanes-Oxley Act of 2002, that to 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 results of operations of the Company.





/s/
                Kevin R. KeatingKevin
                R. Keating
              Principal
                Executive Officer
              Principal
                Financial Officer
              March
                31, 2008
Austreberto MALDONADO, petitioner, v. Scott McEWEN, Acting Warden.

No. 12-9303.

Supreme Court of the United States

May 20, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
Frank Lee TATE, petitioner, v. Joe EASTERLING, Warden.

No. 12-9023.

Supreme Court of the United States

April 15, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
Exhibit 32.2

Certification Statement of Chief Financial Officer*Pursuant to 18 U.S.C. Section 1850, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002*

The undersigned, the Chief Financial Officer of The Wilber Corporation (the Company), hereby certifies that to his knowledge on the date hereof:

| | (a)    the Form 10-Q of the Company for the nine month period ended September 30, 2004, filed on the date hereof with the Securities and Exchange Commission (the Report), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and | 
| | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | 
| |                                                                                                                                                                                                                                                                                         | 
| | (b)    information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for the period covered by this report.                                                                                 | 

| | /s/ Joseph E. Sutaris                                                            | 
| | -------------------------------------------------------------------------------- | 
| | Joseph E. Sutaris
Treasurer and Chief Financial Officer
Date:   November 4, 2004 | 

32

---
Cornelius Keith SMITH, petitioner, v. UNITED STATES.

No. 12-9468.

Supreme Court of the United States

April 29, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.
Charles Isaac WILSON, petitioner, v. ARKANSAS.

No. 12-8086.

Supreme Court of the United States

June 17, 2013.

Petition for rehearing denied.
##### 



Exhibit 32.2 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 Quarterly Report of AXCESS Inc. (the Company) on Form
10-QSB for the period ended September 30, 2004, as filed with the Securities
and Exchange Commission on the date hereof (the Report), I, Allan L. Frank,
Vice President, Chief Financial Officer, Secretary and Principal Accounting and
Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my
knowledge: (1) The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, as applicable; and (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company at the dates and for the periods indicated. /S/ ALLAN L. FRANK  
 Dated: November 9, 2004
Angelo Lavan JACKSON, petitioner, v. FLORIDA.

No. 12-7321.

Supreme Court of the United States

April 15, 2013.

Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied.
[Federal Register Volume 60, Number 90 (Wednesday, May 10, 1995)]
[Notices]
[Page 24878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11454]



-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR
[ID-942-7130-00-7693]


Idaho: Filing of Plats of Survey; Idaho

    The plat of the following described land was officially filed in 
the Idaho State Office, Bureau of Land Management, Boise, Idaho, 
effective 9:00 a.m., May 1, 1995.
    The plat representing the dependent resurvey of a portion of the 
subdivision of section 23 and the survey lot 2, T. 5 S., R. 34 E., 
Boise Meridian, Idaho, Group No. 922, was accepted, May 1, 1995.
    This survey was executed to meet certain administrative needs of 
the Bureau of Indian Affairs, Fort Hall Agency to identify certain 
Indian Allotment boundaries and to support its land sale program.
    All inquiries concerning the survey of the above described land 
must be sent to Chief, Branch of Cadastral Survey, Idaho State Office, 
Bureau of Land Management, 3380 Americana Terrace, Boise, Idaho 83706.

    Dated: May 1, 1995.
Duane E. Olsen,
Chief Cadastral Surveyor for Idaho.
[FR Doc. 95-11454 Filed 5-9-95; 8:45 am]
BILLING CODE 4310-GG-M
Soo-ts tow* fpx-iw set-/? tows r*r~/s

ELECTRONIC RECORD

COA # 05-14-00978-CR OFFENSE: OTHER CRIMINAL

Nicholas Davell Amos v. The State

STYLE: ofTexas COUNTY: Dallas

COA DISPOSITION: AFFIRM TRIAL COURT: 291st Judicial District Court

DATE: 03/31/2015 Publish: NO TC CASE #: F-1341905-U

IN THE COURT OF CRIMINAL APPEALS

STYLE:

Nicholas Davell Amos v. The State of

Texas

PRO SE Petition

FOR DISCRETIONARY REVIEW IN CCA IS:

DATE:

JUDGE: ftM (JAAsts*-

CCA#:

SOWS ff«/*/C **>*•//*

CCA Disposition:

DATE:

JUDGE:

SIGNED:

PUBLISH:

REHEARING IN CCA IS:

JUDGE:

PC:_

DNP:

MOTION FOR

ELECTRONIC RECORD
Randy HOLKESVIG, petitioner, v. Peter WELTE, et al.

No. 12-1124.

Supreme Court of the United States

July 22, 2013.

Petition for rehearing denied.
Terron Jerese WILLIAMS, petitioner, v. UNITED STATES.

No. 12-9682.

Supreme Court of the United States

May 13, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
D. L., Appellant/Petitioner(s), v. DEPT. OF CHILDREN & FAMILIES, Appellee/Respondent(s).

CASE NO.: 2D18-4926

District Court of Appeal of Florida, Second District.

June 27, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
Anthony W. WILSON, petitioner, v. FLORIDA.

No. 12-7351.

Supreme Court of the United States

April 15, 2013.

Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied.
[Federal Register Volume 60, Number 95 (Wednesday, May 17, 1995)]
[Notices]
[Page 26463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12140]



-----------------------------------------------------------------------


NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

National Endowment for the Arts; Notice Meeting

    Pursuant to section 10(a)(2) of the Federal Advisory Committee Act 
(Public Law 92-463), as amended, notice is hereby given that a meeting 
of the Literature Advisory Panel (Fellowships for Translators Section) 
to the National Council on the Arts will be held on June 20-21, 1995. 
The panel will meet from 9:00 a.m. to 6:00 p.m. on June 20; and from 
9:00 to 5:00 p.m. on June 21 in Room 730, at the Nancy Hanks Center, 
1100 Pennsylvania Avenue, N.W., Washington, D.C. 20506.
    A portion of this meeting will be open to the public on June 21 
from 3:00 p.m. to 5:00 p.m. for a guideline review and policy 
discussion.
    The remaining portions of this meeting from 9:00 a.m. to 6:00 p.m. 
on June 20 and from 9:00 a.m. to 3:00 p.m. on June 21 are for the 
purpose of panel review, discussion, evaluation, and recommendation on 
applications for financial assistance under the National Foundation on 
the Arts and the Humanities Act of 1965, as amended, including 
information given in confidence to the agency by grant applicants. In 
accordance with the determination of the Chairman of February 8, 1994, 
these sessions will be closed to the public pursuant to subsection 
(c)(4), (6) and (9)(B) of section 552b of Title 5, United States Code.
    Any person may observe meetings, or portions thereof, of advisory 
panels which are open to the public, and may be permitted to 
participate in the panel's discussions at the discretion of the Panel 
chairman and with the approval of the full-time Federal employee in 
attendance.
    If you need special accommodations due to a disability, please 
contact the Office of Special Constituencies, National Endowment for 
the Arts, 1100 Pennsylvania Avenue, NW., Washington D.C., 20506 202/
682-5532, TYY 202/682-5496, at least seven (7) days prior to the 
meeting.
    Further information with reference to this meeting can be obtained 
from Ms. Yvonne M. Sabine, Committee Management Officer, National 
Endowment for the Arts, Washington, D.C., 20506, or call 202/682-5433.


    Dated: May 11, 1995.
Yvonne M. Sabine,
Director, Office of Council and Panel Operations, National Endowment 
for the Arts.
[FR Doc. 95-12140 Filed 5-16-95; 8:45 am]
BILLING CODE 7537-01-M
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-74,376-02; WR-74,376-03

EX PARTE MELVIN W. RICHARDSON, Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NOS. F06-68662-N & F06-62371-N IN THE 195 DISTRICT COURT TH

FROM DALLAS COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court these applications for writs of habeas corpus. Ex

parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession

of a controlled substance in both cause numbers and sentenced to twenty-five years’ imprisonment

in one cause and forty years’ imprisonment in the other.

Applicant contends that his counsel rendered ineffective assistance because he failed to

timely file a notice of appeal. 

The trial court has determined that counsel failed to timely file a notice of appeal. We find
2

that Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of

convictions in Cause Nos. F0668662-N & F06-62371-N from the 195 District Court of Dallas th

County. Applicant is ordered returned to that time at which he may give a written notice of appeal

so that he may then, with the aid of counsel, obtain a meaningful appeal. Within ten days of the

issuance of this opinion, the trial court shall determine whether Applicant is indigent. If Applicant

is indigent and wishes to be represented by counsel, the trial court shall immediately appoint an

attorney to represent Applicant on direct appeal. All time limits shall be calculated as if the sentence

had been imposed on the date on which the mandate of this Court issues. We hold that, should

Applicant desire to prosecute an appeal, he must take affirmative steps to file a written notice of

appeal in the trial court within 30 days after the mandate of this Court issues.

Copies of this opinion shall be sent to the Texas Department ofCriminal Justice-Correctional

Institutions Division and Pardons and Paroles Division. 

Delivered: November 19, 2014

Do not publish
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No . 21
- 7445

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. RICKY VINCENT PENDLETON , Defendant

- Appellant

.

Appeal from the United States District Court for the Northern District of West Virginia , at Martinsburg

. John Preston Bailey , District Judge. ( 3:96

- cr - 00001

- JPB

- JPM

- 1 )

Submitted : March 24, 2022 Decided: March 29, 2022

Before MOTZ, WYNN , and RICHARDSON, Circuit Judges.

Affirmed by un published per curiam opinion

. Ricky Vincent Pendleton , Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Ricky Vincent Pendleton appeals the district cour t’s order s dismissing his writ of error coram nobis and denying reconsideration . We have reviewed the record and find no reversible error. Accordingly, we affirm the district court ’s order s
. United States v. Pendleton , No. 3:96

- cr - 00001

- JPB

- JPM

- 1 (N.D.W . Va

. filed July 15, 2021 & entered July 17, 2021 ; Aug. 31, 2021 ) . We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED
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</TABLE>
Exhibit 31.1  Certification I, E. James Collord, certify that:  (1) I have reviewed this quarterly report on Form 10-QSB of Thunder Mountain Gold Inc.  (2) Based on my knowledge, this report does 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, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report; (4) The small business issuer's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the small business issuer and have: a)  designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;  (b)  evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and  (c) disclosed in this report any changes in the registrants internal control over financial reporting that occurred during the registrants first fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting.  (5) The small business issuer's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuer's auditors and the audit committee of the small business issuer's board of directors (or persons performing the equivalent functions): (a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer's ability to record, process, summarize and report financial information; and (b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuer's internal control over financial reporting. /s/ E. James Collord By __________________________________ E.  James Collord President, Director and Chief Executive Officer Date:  November 14, 2007