alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Benjamin C. Faurot v. Park National Bank.

*Practice—Default—Mistake.*

A judgment by default for want of a plea, rendered under a mistake, a plea being on file, can not stand.

[Opinion filed November *11,*1890.]

In ebbob to the Circuit Court of Cook County; the lion. Richard S. Tuthill, Judge, presiding.

Messrs. Grosscup *&*Wean, for plaintiff in error.

No appearance for defendant in error.

Waterman, J.

In this case it appears that attachment proceedings were begun by the Park National Bank against Benjamin C. Faurot, on the 12th day of April, 1889. Faurot appeared by attorney May 21, 1889, and on the 15th day of June, 1889, filed his plea of the general issue.

On the 18th of June the default of Faurot “ for want of a plea ” was taken, and judgment was entered against him for §3,829.74.

It is doubtless the case that neither the court nor the plaintiff below were aware that a plea had been filed when the default was entered. However this may be, with a plea on file, it was error, without some disposition of the plea, to enter the default of Faurot. Parrot v. Goss, 17 Ill. App. 110; Mason v. Abbott, 83 Ill. 445; Sammis v. Clark. 17 Ill. 398; Steelman v. Watson, 5 Gilm. 249; McKenney v. May, 1 Scam. 334.

*Reversed and remanded.*
113TH CONGRESS 

2D SESSION H. R. 5146 

AN ACT 

To designate the United States courthouse located at 700 

Grant Street in Pittsburgh, Pennsylvania, as the ‘‘Joseph 

F. Weis Jr. United States Courthouse’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 5146 EH

1 SECTION 1. DESIGNATION. 

2 The United States courthouse located at 700 Grant 

3 Street in Pittsburgh, Pennsylvania, shall be known and 

4 designated as the ‘‘Joseph F. Weis Jr. United States 

5 Courthouse’’. 

6 SEC. 2. REFERENCES. 

7 Any reference in a law, map, regulation, document, 

8 paper, or other record of the United States to the United 

9 States courthouse referred to in section 1 shall be deemed 

10 to be a reference to the ‘‘Joseph F. Weis Jr. United States 

11 Courthouse’’. 

Passed the House of Representatives December 8, 

2014. 

Attest: 

Clerk. 

113TH CONGRESS 

2D SESSION H. R. 5146 

AN ACT 

To designate the United States courthouse located 

house’’. as the ‘‘Joseph F. Weis Jr. United States Courtat 700 Grant Street in Pittsburgh, Pennsylvania,
Signed and Filed: February 8, 2019

________________________________________

DENNIS MONTALI

U.S. Bankruptcy Judge

Entered on Docket 

February 08, 2019

EDWARD J. EMMONS, CLERK 

U.S. BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA

Case: 19-30088 Doc# 384 Filed: 02/08/19 Entered: 02/08/19 14:04:22 Page 1 of 1
The Knolls - Fourth Amendment

 
Exhibit 10.80

 


FOURTH AMENDMENT TO PURCHASE AND SALE CONTRACT
             This Fourth Amendment to Purchase and Sale Contract (this “
Amendment”) is made as of July 20, 2009, between CCIP KNOLLS, L.L.C., a Delaware limited liability company, with an address at 4582 South Ulster Street Parkway, Suite 1100, Denver, Colorado 80237 (“
Seller”) and HAMILTON ZANZE & COMPANY, a California corporation, with an address at 37 Graham Street, Suite 200B, San Francisco, California 94129 (“
Purchaser”).
 
W I T N E S S E T H:
            
WHEREAS, Seller and Purchaser entered into a Purchase and Sale Contract dated as of May 12, 2009 as amended by (i) that certain First Amendment to Purchase and Sale Contract dated as of June 4, 2009 (ii) that certain Reinstatement of and Second Amendment to Purchase and Sale Contract dated as of July 1, 2009 and (iii) that certain Third Amendment to Purchase and Sale Contract dated as of July 10, 2009 (collectively, the “
Agreement”) with respect to the sale of certain property known as The Knolls located in El Paso County, Colorado, as described in the Agreement; and

           
WHEREAS, Seller and Purchaser desire to amend the Agreement on the terms set forth herein. 

           
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the sum of $10.00 and other good and valuable consideration, the mutual receipt and legal sufficiency of which are hereby acknowledged, the parties hereby agree as follows:


1.      
Capitalized Terms.     Capitalized terms used in this Amendment shall have the meanings given to them in the Agreement, except as expressly otherwise defined herein.


2.      
Feasibility Period.      The Feasibility Period is hereby extended to July 23, 2009.


3.      
Miscellaneous.           This Amendment may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute a single instrument and may be delivered by facsimile transmission, and any such facsimile transmitted Amendment shall have the same force and effect, and be as binding, as if original signatures had been delivered.  As modified hereby, all the terms of the Agreement are hereby ratified and confirmed and shall continue in full force and effect.




            IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year hereinabove written.

 
 
Seller:
  

CCIP KNOLLS, L.L.C., 

a Delaware limited liability company

 
 By:     CONSOLIDATED CAPITAL INSTITUTIONAL PROPERTIES, 

          LP SERIES B, 

          a Delaware limited partnership, its member

 
 By:    CONCAP EQUITIES, INC., 

         a Delaware corporation, its general partner

 
 By: 
/s/Brian J. Bornhorst
 Name:  Brian J. Bornhorst

Title:  Vice President

 
  

 
 
Purchaser:
  

HAMILTON ZANZE & COMPANY,

a California corporation

 
  

 
 By: 
/s/Kurt Houtkooper
 Name:  Kurt Houtkooper

Title:  CIO
4848-6185-3318

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PILLSBURY WINTHROP SHAW PITTMAN LLP

M. David Minnick (State Bar No. 54148)

Four Embarcadero Center, 22nd Floor

San Francisco, CA 94126-5998

(415) 983-1000

dminnick@pillsburylaw.com

Leo T. Crowley (pro hac vice admission pending)

1540 Broadway

New York, NY 10036

(212) 858-1000

leo.crowley@pillsburylaw.com

Dania Slim (pro hac vice admission pending)

324 Royal Palm Way, Suite 220

Palm Beach, Florida 33480

(561) 232-3300

dania.slim@pillsburylaw.com

Counsel for Bank of America, N.A., as agent and as lender

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

In re: 

PG&E CORPORATION 

- and -

PACIFIC GAS AND ELECTRIC 

COMPANY, 

Debtors.

Bankruptcy Case

No. 19-30088 (DM)

Chapter 11

(Lead Case)

(Jointly Administered)

 Affects PG&E Corporation

 Affects Pacific Gas and Electric Company

 Affects both Debtors

* All papers shall be filed in the Lead Case, 

No. 19-30088 (DM). 

ORDER GRANTING APPLICATION 

FOR ADMISSION OF ATTORNEY 

PRO HAC VICE

Signed and Filed: February 6, 2019

________________________________________

DENNIS MONTALI

U.S. Bankruptcy Judge

Entered on Docket 

February 07, 2019

EDWARD J. EMMONS, CLERK 

U.S. BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA

Case: 19-30088 Doc# 358 Filed: 02/06/19 Entered: 02/07/19 10:48:50 Page 1 of 2
2

4848-6185-3318

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Dania Slim, whose business address and telephone number is 324 Royal Palm Way, Suite 

220, Palm Beach, Florida 33480 and (561) 232-3300, and who is an active member in good 

standing of the bar of Florida having applied in the above-entitled action for admission to 

practice in the Northern District of California on a pro hac vice basis, representing Bank of 

America, N.A.

IT IS HEREBY ORDERED THAT the application is granted, subject to the terms and 

conditions of Civil L.R. 11-3. All papers filed by the attorney must indicate appearance pro hac

vice. Service of papers upon and communication with co-counsel designated in the application 

will constitute notice to the represented party. All future filings in this action are subject to the

Bankruptcy Local Rules and Electronic Case Filing Procedures adopted by the United States 

Bankruptcy Court for the Northern District of California.

:

*** END OF ORDER ***

Case: 19-30088 Doc# 358 Filed: 02/06/19 Entered: 02/07/19 10:48:50 Page 2 of 2
Order filed October 6, 2020. 

In The

Fourteenth Court of Appeals

____________

NO. 14-19-00336-CV

____________

MICHAEL REILLY AND RAVAGO AMERICAS LLC D/B/A GENESIS 

POLYMERS, Appellant

V.

PREMIER POLYMERS, L.L.C, Appellee

On Appeal from the 80th District Court

Harris County, Texas

Trial Court Cause No. 2018-47163

ORDER

Our review has determined that a non-redacted copy of Exhibit 1 to 

Plaintiff’s Response in Opposition to Defendant’s Motion to Dismiss Pursuant to 

Texas Citizens Participation Act, which was agreed to be filed under seal was not 

included in the clerk’s record. We order the District Clerk to prepare and file with 

this court a supplemental sealed clerk’s record containing this document within 10 

days from the date of this order. 

PER CURIAM

Panel Consists of Justices Bourliot, Hassan, and Poissant.
Exhibit 35.1

                                                          [LOGO] IndymacBank(SM)


                       REG AB 1123 Statement of Compliance

I am an authorized officer for IndyMac Bank, F.S.B, the servicer for the
transaction listed below and I certify:

a)    A review of IndyMac Bank's activities during the reporting period and of
      its performance under the applicable servicing agreement has been made
      under my supervision.

b)    To the best of my knowledge, based on such review, except as set forth
      below IndyMac Bank has fulfilled all of its obligations under the
      agreement in all material respects throughout the reporting period.

c)    None


                                By: /s/ Robert M. Abramian
                                    ----------------------
                                    Robert M. Abramian
                                    First Vice President
                                    Home Loan Servicing
                                    Investor Reporting
                                    Indymac Bank


                                By: /s/ Barbara Perez
                                    ----------------------
                                    Barbara Perez
                                    Senior Vice President
                                    Indymac Bank



Prepared for:   Deutsche Bank

Date:           February 28, 2007

Ref:            6020 - INDX 2006-AR39 (BOA)



                                                             www.indymacbank.com


             460 Sierra Madre Villa Ave., Pasadena, CA 91107   Tel: 626.535.5555
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Jacob M. Faircloth, Esq. (SB No. 305390)

Bluestone Faircloth & Olson, LLP

1825 Fourth Street

Santa Rosa, CA 95404

Telephone: (707) 526-4250

Facsimile: (707) 526-0347

Email: jacob@bfolegal.com

Attorneys for Movants/Claimants of Dan Crowley and Associates and Law Office of

Robert M. Bone –See Exhibit 1

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

In Re

PG&E CORPORATION,

 and

PACIFIC GAS AND ELECTRIC

COMPANY

 Debtors.

_________________________________/

Affects: 

9 PG&E Corporation

9 Pacific Gas & Electric Company

: Both Debtors

*All papers shall be filed in the Lead

Case, No. 19-30088-DM

_________________________________/

Case No. 19-30088-DM

Chapter 11

(Lead Case–Jointly Administered)

SUPPLEMENTAL DECLARATION OF

ROBERT M. BONE REGARDING

CLAIMANTS Nos. 445 AND 508 IN SECOND

CONSOLIDATED MOTION TO

ALLOW/DEEM TIMELY LATE FILING OF

CLAIMANTS

Hearing: Only if Requested

Location: Via Zoom or Telephone

I, Robert M. Bone, declare as follows:

1. I am over eighteen (18) years old and am competent to testify as to the

matters set forth hereinbelow, from my personal knowledge–except as to those matters

set forth upon information and belief. 

2. This Declaration is submitted as a supplement to the Second

Consolidated Motion to Allow/Deem Timely Late Filing of Claimants, filed on

September 30, 2022, as Docket No. 13026 (the “Motion”). 

3. With respect to Claim Nos. 445 and 508 listed in Exhibit 1 of the

Motion, Proof of Claim Nos. 109347 and 109449, respectively, these are erroneously

SUPPLEMENTAL DECLARATION OF ROBERT M. BONE REGARDING CLAIMANTS Nos. 445 AND 508 IN SECOND

CONSOLIDATED MOTION TO ALLOW/DEEM TIMELY LATE FILING OF CLAIMANTS - Page 1

Case: 19-30088 Doc# 13078 Filed: 10/14/22 Entered: 10/14/22 13:09:54 Page 1

of 2
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duplicative. The primary claimant’s maiden name was entered as a claim and the

primary claimant’s married name was also entered as a claim, in which case, they are

duplicative and only Claim No. 109347 is sought to be admitted as timely. No. 508 in

the Motion, and Proof of Claim No. 109449, is not sought to be admitted as timely. 

I declare under penalty of perjury, under the laws of the United States and of the

State of California, that the foregoing is true and correct. Executed at Santa Rosa, CA, on

October 14, 2022.

/S/ Robert M. Bone

By: __________________________________

Robert M. Bone

SUPPLEMENTAL DECLARATION OF ROBERT M. BONE REGARDING CLAIMANTS Nos. 445 AND 508 IN SECOND

CONSOLIDATED MOTION TO ALLOW/DEEM TIMELY LATE FILING OF CLAIMANTS - Page 2

Case: 19-30088 Doc# 13078 Filed: 10/14/22 Entered: 10/14/22 13:09:54 Page 2

of 2
Case: 19-30088 Doc# 3408 Filed: 08/07/19 Entered: 08/07/19 10:44:37 Page 1 of

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1

Antonio Ortiz

Texas State Bar No. 24074839

JORDAN, HOLZER & ORTIZ, PC

500 N. Shoreline, Suite 900

Corpus Christi, Texas 78401

Phone: (361) 884-5678

Fax: (361) 888-5555

Email: aortiz@jhwclaw.com

ecf@jhwclaw.com

Attorneys for A&J Electric Cable Corporation

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

In re

PG&E CORPORATION

Debtor.

Case No. 19-30088

 Chapter 11

NOTICE OF APPEARANCE AND

REQUEST FOR NOTICE

Notice is hereby given that Shelby A. Jordan and Antonio Ortiz of Jordan, Holzer & Ortiz, 

P.C. hereby enter an appearance in this matter as counsel for party in interest, A&J Electric Cable 

Corporation (“A&J”), in the above-captioned case, and request service of all documents in this 

action, including all notices, orders and opinions issued by the Court pursuant to 11 U.S.C. §

1109(b) and Rules 2002 and 9010 of the Federal Rules of Bankruptcy Procedure. Counsel’s 

contact information is as follows: 

Antonio Ortiz

Texas State Bar No. 24074839

Shelby A Jordan

Texas Bar No. 11016700

JORDAN, HOLZER & ORTIZ, PC

500 N. Shoreline, Suite 900

Corpus Christi, Texas 78401

Phone: (361) 884-5678

Fax: (361) 888-5555

Email: aortiz@jhwclaw.com

Case: 19-30088 Doc# 267 Filed: 02/04/19 Entered: 02/04/19 07:13:05 Page 1 of 2
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2

sjordan@jhwclawcom

ecf@jhwclaw.com

Dated: February 4, 2019

 

/s/ Antonio Ortiz

Shelby A. Jordan 

Texas Bar No. 11016700

Antonio Ortiz 

Texas Bar No. 24074839

JORDAN, HOLZER & ORTIZ, P.C.

500 North Shoreline Blvd., Suite 900

Corpus Christi, TX 78401

Telephone: (361) 884-5678

Facsimile: (361) 888-5555

Email: sjordan@jhwclaw.com

aortiz@jhwclaw.com

Attorneys for A&J Electric Cable 

Corporation

Case: 19-30088 Doc# 267 Filed: 02/04/19 Entered: 02/04/19 07:13:05 Page 2 of 2
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from HCW Pension
Real Estate Fund Limited Partnership 1997 Third Quarter 10-QSB and is qualified
in its entirety by reference to such 10-QSB filing.
</LEGEND>
<CIK> 0000745538
<NAME> HCW PENSION REAL ESTATE FUND LIMITED PARTNERSHIP
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           1,131
<SECURITIES>                                         0
<RECEIVABLES>                                       81
<ALLOWANCES>                                      (23)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                          15,230
<DEPRECIATION>                                 (4,725)
<TOTAL-ASSETS>                                  12,099
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      11,540
<TOTAL-LIABILITY-AND-EQUITY>                    12,099
<SALES>                                              0
<TOTAL-REVENUES>                                 2,185
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 2,174
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        11
<EPS-PRIMARY>                                      .69<F2>
<EPS-DILUTED>                                        0
<FN>
<F1>Registrant has an unclassified balance sheet.
<F2>Multiplier is 1.
</FN>
        

</TABLE>
Fourth Department,

September Term, 1885.

#### George A. Fisher v. George Dougherty.

Motion dented, without costs.
I 

113TH CONGRESS 

2D SESSION H. R. 5191 

To amend the Higher Education Act of 1965 to provide for an institution 

of higher education that has previously filed for bankruptcy to apply 

for the reinstatement of eligibility for purposes of Federal Pell Grants. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 24, 2014 

Mr. MCNERNEY introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL 

To amend the Higher Education Act of 1965 to provide 

for an institution of higher education that has previously 

filed for bankruptcy to apply for the reinstatement of 

eligibility for purposes of Federal Pell Grants. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pell Grant Accessibility 

5 Act’’. 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 5191 IH

1 SEC. 2. REINSTATEMENT FOLLOWING BANKRUPTCY OF IN2 STITUTION OF HIGHER EDUCATION FOR PUR3 POSES OF FEDERAL PELL GRANTS. 

4 Section 102(a)(4) of the Higher Education Act of 

5 1965 (20 U.S.C. 1002(a)(4)) is amended— 

6 (1) in subparagraph (A), by striking ‘‘the insti7 tution’’ and inserting ‘‘except as provided in sub8 paragraph (B), the institution’’; 

9 (2) by redesignating subparagraphs (A) and 

10 (B) as clauses (i) and (ii), respectively, and moving 

11 the margins 2 ems to the right; 

12 (3) by striking ‘‘LIMITATIONS BASED ON MAN13 AGEMENT.—An institution shall’’ and inserting the 

14 following: ‘‘LIMITATIONS BASED ON MANAGE15 MENT.— 

16 ‘‘(A) IN GENERAL.—An institution shall’’; 

17 and 

18 (4) by adding at the end the following new sub19 paragraph: 

20 ‘‘(B) WAIVER.—For purposes of awarding 

21 Federal Pell Grants under subpart 1 of part A 

22 of title IV, the Secretary may consider an insti23 tution described in subparagraph (A)(i) as 

24 meeting the definition of an institution of high25 er education in paragraph (1) if— 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 5191 IH

1 ‘‘(i) the institution or affiliate of such 

2 institution described in subparagraph 

3 (A)(i) filed for bankruptcy not less than 5 

4 years prior to the date on which such insti5 tution seeks a waiver under this subpara6 graph; 

7 ‘‘(ii) the institution described in sub8 paragraph (A)(i) submits to the Secretary 

9 such information as the Secretary con10 siders appropriate; and 

11 ‘‘(iii) the Secretary determines that 

12 such institution should not be subject to 

13 the requirement under subparagraph (A).’’. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
Order entered June 19, 2018

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-18-00668-CV

DEDERIAN DEMOND HERRON, ET AL., Appellants

V.

ABIGAIL SALVADOR MUNOZ, ET AL., Appellees

On Appeal from the 44th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-18-05553

ORDER

Before the Court is American Access Casualty Company’s Motion to Quash and Motion 

for Protective Order. American Access Casualty Company seeks to quash and obtain protection 

from a subpoena received from appellant Dederian Demon Herron commanding the directors of 

American Access Casualty Company to appear on June 20, 2018 with a check in the amount of 

$120,000,000 and to permit inspection and copying of certain documents and signatures “as seen 

on 3rd Amended Plaintiffs’ Petition.” We question whether this subpoena is valid and 

enforceable because it does not appear to be issued or served in accordance with Rule 176 of the 

Texas Rules of Civil Procedure. See TEX. R. CIV. P. 176. Nonetheless, the subpoena purports to 

seek to enforce a judgment and obtain post-judgment discovery. The trial court has continuing 
jurisdiction over such post-judgment requests. Arndt v. Farris, 633 S.W.2d 497, 499 (Tex. 

1982); TEX. R. CIV. P. 621a. Accordingly, we DENY the motion for want of jurisdiction.

/s/ ROBERT M. FILLMORE

JUSTICE