alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 33.4

Managements Assertion on

Compliance with
Regulation AB Criteria

BancTec, Inc. (BancTec or the Asserting Party) is responsible for
assessing its compliance, as of and for the fiscal year ended November 30, 2009 (the Reporting Period), with certain servicing criteria applicable to it in connection with the Services Agreement dated as of September 30, 2008
(the Services Agreement) between BancTec, Inc. (BancTec) and DFS Services LLC, an affiliate of Discover Bank. The Asserting Party used the criteria set forth in Items 1122(d)(2)(i) and (d)(4)(iv) (such applicable criteria, as
discussed below, the Applicable Servicing Criteria), to assess such compliance. The transactions covered by this report include all asset-backed securities transactions involving credit card receivables conducted by Discover Card Master
Trust I and Discover Card Execution Note Trust that were registered with the Securities and Exchange Commission pursuant to the Securities Act of 1933, as amended, or were not required to be registered where the related asset-backed securities were
outstanding during the Reporting Period (the Platform).

BancTec does not have sole responsibility for either of
the Applicable Servicing Criteria, but instead provides support services to DFS Services LLC and Discover Bank that are necessary to their compliance with the Applicable Servicing Criteria. Specifically, BancTec is responsible for capturing data
with respect to cardmember payments and associated checks, transmitting such data to DFS Services LLC and Discover Bank on a timely basis consistent with their compliance with the Applicable Servicing Criteria; and delivering certain of such checks
to a third party financial institution for deposit into a bank account held in the name of Discover Bank. BancTec has assessed its compliance with the Applicable Servicing Criteria, to the extent it is responsible for such aspects of such
compliance, and has concluded that the Asserting Party has complied, in all material respects, with those aspects of the Applicable Servicing Criteria for which it is responsible for the Reporting Period with respect to the Platform taken as a
whole.

Grant Thornton LLP, an independent registered public accounting firm, has issued an attestation report for the
Platform on the assessment of compliance with the Applicable Servicing Criteria.



BancTec, Inc.By:

/s/ Michael D. FallinMichael D. Fallin Sr. Vice
President and President, Americas


Date: February 25, 2010
## State of N ew York Su p reme C ou rt, A p p ellate Division Third J u dicial Dep artment Decided and Entered: November 12, 2015 520932

________________________________ In the Matter of the Claim of KATHERINE ROSE, Appellant. MEMORANDUM AND ORDER COMMISSIONER OF LABOR, Respondent.

________________________________ Calendar Date: September 22, 2015 Before: Peters, P.J., Garry, Egan Jr. and Lynch, JJ.

__________ Katherine Rose, Newburgh, appellant pro se. Eric T. Schneiderman, Attorney General, New York City (Bessie Bazile of counsel), for respondent.

__________ Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 8, 2014, which ruled that claimant's request for a hearing was untimely. Decision affirmed. No opinion. Peters, P.J., Garry, Egan Jr. and Lynch, JJ., concur.-2- 520932

ORDERED that the decision is affirmed, without costs.

ENTER:

Robert D. Mayberger Clerk of the Court
#### LEVY, Appellant, v. BERG, Respondent.

(Supreme Court, Appellate Division, First Department.

March 29, 1912.)

Action by Charles E. Levy against Louis S. Berg. H. B. Twombley, for appellant. O. S. Mackenzie, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed.
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

VITALIY KURNOSKIN, )

)

Plaintiff, )

)

v. ) CAUSE NO. 1:14-CV-406

)

REINHART TRANSPORTATION LLC, et al., )

)

Defendants. )

OPINION AND ORDER

This case was filed in this Court on December 29, 2014, based on diversity jurisdiction

pursuant to 28 U.S.C. § 1332(a). (Docket # 1.) Now before the Court is Plaintiff’s First

Amended Complaint, alleging that Plaintiff Vitaliy Kurnoskin is a citizen of Florida; Defendant

Craig A. Riemersma is a citizen of Illinois; and that “[a]ll of the partners” of Reinhart

Transportation, LLC, “are citizens of Wisconsin.” (Pl.’s First Am. Compl. ¶¶ 1-3.) 

But the jurisdictional allegations of Defendant Reinhart Transportation, LLC, are

deficient. As the party seeking to invoke federal diversity jurisdiction, Plaintiff bears the burden

of demonstrating that the requirement of complete diversity has been met. Chase v. Shop’n Save

Warehouse Foods, Inc., 110 F.3d 424, 427 (7th Cir. 1997). 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). Plaintiff cannot, as he attempts to do here, merely

allege a “naked declaration that there is diversity of citizenship” with respect to the members of

Defendant Reinhart Transportation, LLC. Thomas v. Guardsmark, LLC, 487 F.3d 531, 533 (7th

Cir. 2007). 

As explained in this Court’s Order dated January 5, 2015 (Docket # 4), 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). Thus, the Court must be

advised of the identity of each member of Reinhart Transportation, LLC, together with such

member’s citizenship. Hicklin Eng’g, L.C. v. Bartell, 439 F.3d 346, 347 (7th Cir. 2006); see

generally Guar. Nat’l Title Co. v. J.E.G. Assocs., 101 F.3d 57, 59 (7th Cir. 1996) (explaining

that the court would “need to know the name and citizenship(s)” of each partner for diversity

jurisdiction purposes).

Therefore, Plaintiff is ORDERED to supplement the record on or before February 9,

2015, with the identity and citizenship of each member of Defendant Reinhart Transportation,

LLC.

SO ORDERED.

Enter for this 26th day of January 2015.

/s Susan Collins 

Susan Collins,

United States Magistrate Judge

2
[Federal Register Volume 60, Number 97 (Friday, May 19, 1995)]
[Notices]
[Page 26884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1235]



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

FEDERAL EMERGENCY MANAGEMENT AGENCY
[FEMA-1049-DR]


(Louisiana); Amendment to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the 
State of Louisiana (FEMA-1049-DR), dated May 10, 1995 and related 
determinations.

EFFECTIVE DATE: May 13, 1995.

FOR FURTHER INFORMATION CONTACT:
Pauline C. Campbell, Response and Recovery Directorate, Federal 
Emergency Management Agency, Washington, DC 20472, (202) 646-3606.

SUPPLEMENTARY INFORMATION: The notice of a major disaster for the State 
of Louisiana dated May 10, 1995, is hereby amended to include Public 
Assistance for the following areas determined to have been adversely 
affected by the catastrophe declared a major disaster by the President 
in his declaration of May 10, 1995:

Jefferson, Orleans, and St. Charles Parishes for Public Assistance 
(already designated for Individual Assistance).

(Catalog of Federal Domestic Assistance No. 83.516, Disaster 
Assistance)
Richard W. Krimm,
Associate Director, Response and Recovery Directorate.
[FR Doc. 95-1235 Filed 5-18-95; 8:45 am]
BILLING CODE 6718-02-M
848 F.2d 1305

#### CHANNEL ONE SYSTEMS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents.

No. 88-1100.

United States Court of Appeals, District of Columbia Circuit.

June 14, 1988.

*274Christopher D. Imlay, Washington, D.C., for petitioner.

Daniel M. Armstrong, Associate Gen. Counsel, and Gregory M. Christopher, Counsel, F.C.C., Washington, D.C., were on the respondents’ motion to dismiss. Laura Heiser, Dept, of Justice, Washington, D.C., also entered an appearance for respondents.

On Motion to Dismiss

Before MIKVA, EDWARDS and WILLIAMS, Circuit Judges.

PER CURIAM:

This case is before the court on respondent Federal Communications Commission’s (“FCC”) motion to dismiss as untimely the petition for review by Channel One Systems, Inc. (“Channel One”). The contested issue is whether the 60-day filing period, which begins at 3 p.m. on the date public notice is given, terminates at 3 p.m. on the 61st day, or, on the 60th day. The parties agree that the order was released on December 10, 1987, public notice was given on December 11, and the first day to be counted for computing the filing period was December 12. *See*47 U.S.C. § 405 (1982); 47 C.F.R. § 1.4(b)(2) (1987) (as modified); *see also Western Union Telegraph Co. v. FCC,*773 F.2d 375, 376-77 (D.C.Cir. 1985). Channel One filed its petition on February 10, the 61st day, and argues that a 60-day filing period beginning at 3 p.m. should end on the 61st day at 3 p.m., to allow a full 60-day period, rather than 59 days plus a few hours. The FCC disagrees.

This circuit has not ruled on the regulation in question, 47 C.F.R. § 1.4(b)(2), but we take this opportunity to do so. The guidance afforded us in similar cases and the FCC’s new regulation indicates that the 60th day, not the 61st day at 3 p.m., is the last day on which a petition may be filed. First, this circuit has determined that a 30-day filing period, prescribed under this same FCC statutory scheme, ends on the 30th day, rather than at 3 p.m. on the 31st day. *See Reuters Limited v. FCC,*781 F.2d 946, 952 (D.C.Cir.1986); *National Black Media Coalition v. FCC,*760 F.2d 1297, 1299 n. 2 (D.C.Cir.1985).

Second, the FCC issued on December 15, 1987, a Report and Order and new Final Rule to explain more fully the time computation provision of 47 C.F.R. § 1.4. This rule was available to Channel One well before the filing deadline. In Example 10 of the new rule, the FCC clarifies that when given a 20-day filing period, under section 1.4(b) the 20th day is the terminal date upon which action must be taken.

Applying this construction of the regulation, we conclude that Channel One’s petition was untimely and must be dismissed. Filing within the time limitations is a jurisdictional prerequisite; accordingly, we have no authority to entertain this petition for review. *See, e.g., National Black Media Coalition v. FCC,*760 F.2d at 1298; *Geller v. FCC,*610 F.2d 973, 977 (D.C.Cir. 1979) (per curiam).
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

UNITED STATES OF AMERICA )

)

v. ) CASE NO.: 1:14-CR-43-TLS 

)

ASHLEY M. TAYLOR )

ORDER ACCEPTING FINDINGS AND RECOMMENDATION

This matter is before the Court on the Findings and Recommendation of the United States

Magistrate Judge [ECF No. 11], filed on December 2, 2014. The Defendant has waived objection to

the Findings and Recommendation, and the Court, being duly advised, adopts the Findings and

Recommendation [ECF No. 11] in its entirety and accepts the recommended disposition. The Court

accepts the Defendant’s waiver of indictment, accepts the plea of guilty to the offense charged in the

Information, and adjudges the Defendant guilty of such offense. 

The notice of sentencing and pre-sentence scheduling deadlines will be issued by separate

order.

SO ORDERED on December 22, 2014.

 s/ Theresa L. Springmann 

THERESA L. SPRINGMANN

UNITED STATES DISTRICT COURT
case 2:14-cv-00396-TLS-JEM document 1-1 filed 11/03/14 page 2 of 23 case 2:14-cv-00396-TLS-JEM document 8 filed 09/08/14 page 1 of 11
case 2:14-cv-00396-TLS-JEM document 1-1 filed 11/03/14 page 3 of 23 case 2:14-cv-00396-TLS-JEM document 8 filed 09/08/14 page 2 of 11
case 2:14-cv-00396-TLS-JEM document 1-1 filed 11/03/14 page 4 of 23 case 2:14-cv-00396-TLS-JEM document 8 filed 09/08/14 page 3 of 11
case 2:14-cv-00396-TLS-JEM document 1-1 filed 11/03/14 page 5 of 23 case 2:14-cv-00396-TLS-JEM document 8 filed 09/08/14 page 4 of 11
case 2:14-cv-00396-TLS-JEM document 1-1 filed 11/03/14 page 6 of 23 case 2:14-cv-00396-TLS-JEM document 8 filed 09/08/14 page 5 of 11
case 2:14-cv-00396-TLS-JEM document 1-1 filed 11/03/14 page 7 of 23 case 2:14-cv-00396-TLS-JEM document 8 filed 09/08/14 page 6 of 11
case 2:14-cv-00396-TLS-JEM document 1-1 filed 11/03/14 page 8 of 23 case 2:14-cv-00396-TLS-JEM document 8 filed 09/08/14 page 7 of 11
case 2:14-cv-00396-TLS-JEM document 1-1 filed 11/03/14 page 9 of 23 case 2:14-cv-00396-TLS-JEM document 8 filed 09/08/14 page 8 of 11
case 2:14-cv-00396-TLS-JEM document 1-1 filed 11/03/14 page 10 of 23 case 2:14-cv-00396-TLS-JEM document 8 filed 09/08/14 page 9 of 11
case 2:14-cv-00396-TLS-JEM document 1-1 filed 11/03/14 page 11 of 23 case 2:14-cv-00396-TLS-JEM document 8 filed 09/08/14 page 10 of 11
case 2:14-cv-00396-TLS-JEM document 1-1 filed 11/03/14 page 12 of 23 case 2:14-cv-00396-TLS-JEM document 8 filed 09/08/14 page 11 of 11
EX-33.5
(logo) First American
Real Estate Tax Service


LUCY PRZYBYLA
PRESIDENT
ESCROW SERVICING
PRODUCTS


REPORT ON ASSESSMENT OF COMPLIANCE

First American Real Estate Solutions of Texas, L.P. (an indirect subsidiary of
The First American Corporation and "the Asserting Party") is responsible for
assessing compliance as of December 31, 2007, and for the period from January 1,
2007 through December 31, 2007 ("the Reporting Period") with the servicing
criteria set forth in Title 17, Sections 229.1122(d)(1)(iv), (d)(2)(v),
(d)(2)(vi), (d)(2)(vii), (d)(4)(xi), (d)(4)(xii) and (d)(4)(xiii) of the Code of
Federal Regulations applicable to the Asserting Party ("the Applicable Servicing
Criteria"). The transactions covered by this report include all loans for
residential and commercial mortgage loan outsourcing customers for which the
Asserting Party served as the residential and commercial tax service provider
("the Platform").

The Asserting Party has assessed its compliance with the Applicable Servicing
Criteria for the Reporting Period and has concluded that the Asserting Party has
complied, in all material respects, with the Applicable Servicing Criteria as of
December 31, 2007, and for the Reporting Period with respect to the Platform
taken as a whole.

PricewaterhouseCoopers LLP, an independent registered public accounting firm,
has issued an attestation report on the assessment of compliance with the
Applicable Servicing Criteria as of December 31, 2007, and for the Reporting
Period as set forth in this assertion.


FIRST AMERICAN REAL ESTATE SOLUTIONS OF TEXAS, L.P.
By: First American Real Estate Solutions LLC
    General Partner


/s/ Lucy A. Przybyla
Lucy A. Przybyla
Senior Vice President
February 12, 2008


1 First American Way, Westlake, TX 76262

817.699.6511 * 800.229.8426 * FAX 817.699.6513

lprzybyla@firstam.com * www.firstam.com
UNITED STATES JUDICIAL PANEL

on

MULTIDISTRICT LITIGATION

IN RE: BIOMET M2A MAGNUM HIP IMPLANT

PRODUCTS LIABILITY LITIGATION MDL No. 2391

(SEE ATTACHED SCHEDULE)

CONDITIONAL TRANSFER ORDER (CTO −84)

On October 2, 2012, the Panel transferred 8 civil action(s) to the United States District Court for the

Northern District of Indiana for coordinated or consolidated pretrial proceedings pursuant to 28

U.S.C. §1407. See 896 F.Supp.2d 1339 (J.P.M.L. 2012). Since that time, 357 additional action(s)

have been transferred to the Northern District of Indiana. With the consent of that court, all such

actions have been assigned to the Honorable Robert L Miller, Jr.

It appears that the action(s) on this conditional transfer order involve questions of fact that are

common to the actions previously transferred to the Northern District of Indiana and assigned to

Judge Miller.

Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict

Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. §1407 to the

Northern District of Indiana for the reasons stated in the order of October 2, 2012, and, with the

consent of that court, assigned to the Honorable Robert L Miller, Jr.

This order does not become effective until it is filed in the Office of the Clerk of the United States

District Court for the Northern District of Indiana. The transmittal of this order to said Clerk shall be

stayed 7 days from the entry thereof. If any party files a notice of opposition with the Clerk of the

Panel within this 7−day period, the stay will be continued until further order of the Panel.

FOR THE PANEL:

 Jeffery N. Lüthi

Clerk of the Panel
IN RE: BIOMET M2A MAGNUM HIP IMPLANT

PRODUCTS LIABILITY LITIGATION MDL No. 2391

SCHEDULE CTO−84 − TAG−ALONG ACTIONS

DIST DIV. C.A.NO. CASE CAPTION

CALIFORNIA NORTHERN

CAN 4 14−01092 Sprietzer v. Biomet Inc. et al

MISSOURI WESTERN

MOW 6 14−03154 McDonald v. Biomet, Inc. et al

NEW YORK WESTERN

NYW 1 14−00245 Noeller v. Biomet, Inc. et al

NYW 1 14−00246 Sorce v. Biomet, Inc. et al
[Federal Register Volume 60, Number 112 (Monday, June 12, 1995)]
[Corrections]
[Page 30923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12982]



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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-35746; FIle No. SR-CBOE-95-27]


Self-Regulatory Organizations; Notice of Filing and Immediate 
Effectiveness of Proposed Rule Change by the Chicago Board Options 
Exchange, Incorporated, Relating to the Examination Specifications for 
the General Securities Sales Supervisor (Series 8) Examination

Correction

    In notice document 95-12982 beginning on page 28006 in the issue of 
Friday, May 26, 1995, make the following correction:
    On page 28007, in the third column, the FR Doc. line was omitted 
and should appear after the signature as follows:
[FR Doc. 95-12982 Filed 5-25-95; 8:45 am]
BILLING CODE 8010-01-M

BILLING CODE 1505-01-D
[Federal Register Volume 60, Number 105 (Thursday, June 1, 1995)]
[Notices]
[Page 28578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13338]



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

DEPARTMENT OF COMMERCE
[I.D. 052395B]


Pacific Fishery Management Council; Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of public meeting.

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

SUMMARY: The Pacific Fishery Management Council's Northern Habitat 
Panel will hold a public meeting.

DATES: The meeting will be held on June 5, 1995, from 1:00 p.m. until 
4:00 p.m.

ADDRESSES: The meeting will be held at the office of the Columbia Basin 
Fish and Wildlife Authority, 2501 SW First Avenue, Suite 100, Portland, 
OR.

FOR FURTHER INFORMATION CONTACT: John Coon, Fishery Management 
Coordinator (Salmon), Pacific Fishery Management Council;
    2130 SW Fifth Avenue, Suite 224; Portland, OR 97201; telephone: 
(503) 326-6352.

SUPPLEMENTARY INFORMATION: The purpose of this meeting is to discuss 
the composition and meeting frequency of the Northern Habitat Panel, 
and to receive an update on screening in the Columbia River Basin, as 
well as approve a letter to the respective state forestry agencies 
regarding pesticide use in coho streams, and consider any other timely, 
regional habitat issues the panel decides merit discussion at this 
time.
    This meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Michelle Perry Sailer at (503) 326-6352 at least 
5 days prior to the meeting date.

    Dated: May 25, 1995.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 95-13338 Filed 5-26-95; 1:54 pm]
BILLING CODE 3510-22-F
Exhibit 14.1

CODE OF ETHICS FOR SENIOR FINANCIAL OFFICERS

Castmor Resources Ltd. promotes ethical conduct in the practice of financial
management. Senior financial officers hold an important and elevated role in
corporate governance. They are uniquely capable and empowered to ensure that
shareholders' interests are appropriately balanced, protected and preserved.

It is the policy of Castmor Resources Ltd. that the principal executive officer,
principal financial officer, principal accounting officer or controller, or
persons performing similar function will adhere to the following principles
governing their professional and ethical conduct in fulfillment of their
responsibilities:

1.     Act with honesty and integrity, including the ethical handling of actual
or apparent conflicts of interest between personal and professional
relationships.

2.     Provide full, fair, accurate, timely, and understandable disclosure in
reports and documents filed with the SEC as well as other public communications.

3.     Comply with the laws of federal, state, and local governments applicable
to Scarab, and the rules and regulations of regulatory agencies.

4.     Be accountable for promoting adherence to this code.
Richard M. TORRES, petitioner, v. M. CATE, et al.

No. 13-6525.

Supreme Court of the United States

Nov. 18, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Justice BREYER took no part in the consideration or decision of this petition.
Exhibit 32.1

CERTIFICATION

Pursuant
to the requirement set forth in Rule 13a-14(b) of the Securities Exchange
Act of 1934, as amended (the Exchange Act), and Section 1350 of
Chapter 63 of Title 18 of the United States Code (18 U.S.C. §1350),
Maurice R. Ferré, M.D., in his capacity as President, Chief Executive Officer
and Chairman of MAKO Surgical Corp., hereby certifies that, to the best of his
knowledge:

| |      |                                                                                                                                                                                                                                                               
| | ---- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | (i)  | the
 Companys Annual Report on Form 10-K for the fiscal year ended
 December 31, 2009 to which this Certification is attached as
 Exhibit 32.1 (the Annual Report) fully complies with the requirements
 of section 13(a) or 15(d) of the Exchange Act, and
| |      |                                                                                                                                                                                                                                                               
| | (ii) | the
 information contained in the Annual Report fairly presents, in all material
 respects, the financial condition and result of operations of MAKO Surgical
 Corp.                                                                                          

|                |                                                        | 
|--------------- | ------------------------------------------------------ | 
|March 10,
 2010 | /s/ Maurice
 R. Ferré, M.D.                            | 
|                | Maurice R.
 Ferré, M.D.                               
|                | President, Chief Executive Officer and Chairman of the
|                | Board                                                 
|                | (Principal Executive Officer)                         

This
certification accompanies the Annual Report on Form 10-K to which it relates,
is not deemed filed with the Securities and Exchange Commission and is not to
be incorporated by reference into any filing of MAKO Surgical Corp. under the
Securities Act of 1933, as amended, or the Exchange Act (whether made before or
after the date of the Form 10-K), irrespective of any general incorporation
language contained in such filing.

---