alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                  EXHIBIT 10.116


Escrow No.: 207114-DM


         DO NOT DESTROY THIS NOTE: When paid, this note with Deed of
           Trust securing same, must be surrendered to Trustee for
                cancellation before reconveyance will be made.

                        NOTE SECURED BY DEED OF TRUST
                          NON-INTEREST BEARING NOTE

$3,500,000.00               San Rafael, California,               Oct. 19, 1994

     FOR VALUE RECEIVED, On or before OCTOBER 27TH, 1996, the undersigned
(MAKER) promise to pay to American Canyon Partners, a California General
Partnership (PAYEE) or order, at such a place as designated by PAYEE, the sum
of THREE MILLION FIVE HUNDRED THOUSAND AND NO/100----$3,500,000.00---DOLLARS.

LATE CHARGE: In the event that payment is not made of the principal balance in
a timely manner, the penalty shall be equal to 47% the balance unpaid.

IN THE EVENT OF SALE OR TRANSFER OF ALL OR ANY PORTION OF THE PROPERTY
DESCRIBED IN THE DEED OF TRUST GIVEN TO SECURE THE PAYMENT OF THIS NOTE, ALL
SUMS REMAINING UNPAID SHALL BECOME IMMEDIATELY DUE AND PAYABLE AT THE ELECTION
OF THE PAYEE HEREIN, AND NOTICE OF SUCH ELECTION IS HEREBY WAIVED.

Principal payable in lawful money of the United States. If action be instituted 
on this note I promise to pay such sum as the Court may fix as attorney's fees.
This note is secured by Deed of Trust to CONSOLIDATED TITLE SERVICES, a
California Corporation, as Trustee.

PAR MEE DEVELOPMENT INC.

BY: /s/ William E. Parker 
   ------------------------------
   WILLIAM E. PARKER, President











AMERICAN CANYON PARTNERS, a California general partnership hereby assigns,
grants and transfers to John A. Lisanti as to $120,000.00 and Timothy
Starkweather as to $60,000.00 the beneficial interest under that certain
Note and deed of trust concurrently herewith.


/s/ [Signature]
----------------------------------------
American Canyon Partners
#### Colley, Appellant, *v.*Village of Englewood et al., Appellees.

(No. 1887

Decided September 10, 1946.)

*Mr.*7. *C. Dels camp,*for appellant.

*Mr. Webb*7?. *Clark,*for appellees.

By the Court.

This cause is submitted on motion of the defendants, appellees herein, to dismiss the appeal for the reason that the plaintiff, appellant herein, is not the real party in interest.

The plaintiff, William E. Colley, instituted the action on September 28, 1944, on his own behalf and on behalf of all other persons similarly situated, and at that time was the owner of real estate situated in the village of Englewood. After the action was disposed of in the Court of Common Pleas and subsequent to taking an appeal to this court-, the plaintiff, on January 5, 1946, sold the property which he owned in the village of Englewood.

The defendants contend that the appeal should be dismissed by reason of the provisions of Section 11241, General Code, which, in part, provides that “an action must be prosecuted in the name of the real party in interest.” We are of the opinion that Section 11261, *502General Code, is controlling. It, in part, provides:

“On any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted for him. ’ ’

We are of the opinion that this action may be prosecuted by the original party, and that the motion to dismiss the appeal should be overruled. We cite as authority in support of this position the cases of *Cullen & Vaughn Co.*v. *Bender Co.,*122 Ohio St., 82, 170 N. E., 633, 68 A. L. R., 1332; *Lowry*v. *Anderson,*57 Ohio St., 179, 48 N. E., 810; *Detroit & Ironton Rd. Co.*v. *Vogeley,*21 Ohio App., 88, 153 N. E., 86; and *American Bonding Co. of Baltimore*v. *Second Natl. Bank of Cincinnati,*22 C. C. (N. S.), 177, 33 C. D., 502.

The motion to dismiss the appeal is hereby overruled.

*Motion overruled.*

IIornbeck, P. J., Wiseman and Miller, JJ., concur.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-50154

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

OSCAR LUIS MARQUEZ-GOMEZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. P-02-CR-54-1

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

Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.

PER CURIAM:*

Relying on Blakely v. Washington, 124 S. Ct. 2531 (2004),

Oscar Luis Marquez-Gomez argues that the district court erred by

imposing a sentence based on facts that were neither admitted nor

found by a jury beyond reasonable doubt. The Government has

moved for summary affirmance in lieu of filing an appellee’s

brief because the issue is foreclosed in this circuit under

United States v. Pineiro, No. 03-30437, 2004 WL 1543170, at *1

(5th Cir. July 12, 2004). The issue is indeed foreclosed. The

United States Court of Appeals

Fifth Circuit

F I L E D

August 18, 2004

Charles R. Fulbruge III

Clerk
No. 04-50154

-2-

Government’s motion is GRANTED, and the judgment of the district

court is AFFIRMED.
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Ralph Duvall,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

MDL Case No. 2:15-md-02641-DGC

Civil Action No. CV-17-03721-PHX-DGC

WAIVER OF THE SERVICE OF SUMMONS

To: Freese & Goss PLLC - Birmingham, AL

(Name of plaintiff’s attorney or unrepresented plaintiff)

I have received your request to waive service of a summons in this action along with a copy of the complaint, two 

copies of this waiver form, and a prepaid means of returning one signed copy of the form to you.

I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case.

I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s 

jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service.

I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 

60 days from 11/14/2017, the date when this request was sent (or 90 days if it was sent outside the United States). If I fail 

to do so, a default judgment will be entered against me or the entity I represent.

Date: December 8, 2017 /s/ Richard B. North, Jr.

Signature of the attorney or unrepresented party

C. R. Bard, Inc. and Bard Peripheral

Vascular, Inc.

Printed name of parties waiving service of 

summons

Richard B. North, Jr. (Ga. Bar No. 545599)

Printed Name

Nelson Mullins Riley & Scarborough, LLP

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363

Address

richard.north@nelsonmullins.com

E-mail Address

(404) 322-6155

Telephone number

Duty to Avoid Unnecessary Expenses of Serving a Summons

Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a 

summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff 

located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. 

Case 2:15-md-02641-DGC Document 9362 Filed 12/15/17 Page 1 of 2
2

“Good cause” does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has 

no jurisdiction over this matter or over the defendant or the defendant’s property. 

If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of 

a summons or of service. 

If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the 

plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been 

served.

Case 2:15-md-02641-DGC Document 9362 Filed 12/15/17 Page 2 of 2
Exhibit 99.2


                            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 Atec Group, Inc. (the "Company") on
Form 10-Q for the quarter ended September 30, 2002 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, James J. Charles,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350,
as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

         (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 result of operations of the
Company.


                                       /s/ JAMES J. CHARLES
                                       -----------------------------------------
                                       James J. Charles
                                       Chief Financial Officer
                                       November 5, 2002
UNITED STATES DISTRICT COURT 

FOR THE 

DISTRICT OF ARIZONA 

Jeannie Wills, 

Plaintiff, 

v. 

Bard Peripheral Vascular, Inc. and C. R. 

Bard, Inc., et al., 

Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

MDL Case No. 2:15-md-02641-DGC 

Civil Action No. CV-17-03431-PHX-DGC 

APPEARANCE OF COUNSEL 

To: The clerk of court and all parties of record 

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for: 

Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc. 

Date: November 6, 2017 /s/ Richard B. North, Jr. 

Attorney's signature 

Richard B. North, Jr. (Ga. Bar No. 545599) 

Printed name and bar number 

Nelson Mullins Riley & Scarborough, LLP 

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363 

Address 

richard.north@nelsonmullins.com 

E-mail Address 

(404) 322-6000 

Telephone number

(404 322-6050 

FAX number 

Case 2:15-md-02641-DGC Document 8712 Filed 11/08/17 Page 1 of 1
#### Wm. White et al *v.*B. Dawburg et al.

Jurisdiction — Dissolving of an Injunction Without Final Judgment — Appeal and Error.

The Court of Appeals’ jurisdiction extends only to the final orders and judgments of inferior courts and cannot assume jurisdiction of an order dissolving an injunction without a final judgment in the action.

APPEAL FROM CAMPBELL CIRCUIT COURT.

June 23, 1868.

*Fearon*& Iiawlcins, *for appelanis. ■*

*Oraddochj for appellees.*

Opinion op the Court by

Judge Hardin :

This is an appeal from an order dissolving an injunction -without any final judgment in the action, and as the jurisdiction of this Court extends only to the *final*orders and judgment of the inferior courts, the order from which this appeal is prosecuted is not deemed such as to authorize an appeal to this Court. (Civil Code, sections 15-574. Rodman vs. Forlim, 2 Metcalf, 325.)

The appeal is therefore dismissed for want of jurisdiction.
UNITED STATES DISTRICT COURT 

FOR THE 

DISTRICT OF ARIZONA 

Cheryl A. Gray, 

Plaintiff, 

v. 

Bard Peripheral Vascular, Inc. and C. R. 

Bard, Inc., et al., 

Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

MDL Case No. 2:15-md-02641-DGC 

Civil Action No. CV-17-03502-PHX-DGC 

APPEARANCE OF COUNSEL 

To: The clerk of court and all parties of record 

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for: 

Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc. 

Date: November 6, 2017 /s/ Richard B. North, Jr. 

Attorney's signature 

Richard B. North, Jr. (Ga. Bar No. 545599) 

Printed name and bar number 

Nelson Mullins Riley & Scarborough, LLP 

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363 

Address 

richard.north@nelsonmullins.com 

E-mail Address 

(404) 322-6000 

Telephone number

(404 322-6050 

FAX number 

Case 2:15-md-02641-DGC Document 8630 Filed 11/06/17 Page 1 of 1
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE  CONTAINS SUMMARY  FINANCIAL DATA  INFORMATION  EXTRACTED FROM THE
COMPANY'S  UNAUDITED FINANCIAL  STATEMENTS  CONTAINED IN ITS REPORT ON FORM 10-Q
FOR THE  QUARTERLY  PERIOD ENDED MARCH 31, 1999 AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000894096
<NAME> TRANSCOR WASTE SERVICES, INC.

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>               DEC-31-1999
<PERIOD-END>                    MAR-31-1999
<CASH>                                            992,642
<SECURITIES>                                   21,489,879
<RECEIVABLES>                                     669,146
<ALLOWANCES>                                            0
<INVENTORY>                                             0
<CURRENT-ASSETS>                               24,622,954
<PP&E>                                            603,853
<DEPRECIATION>                                          0
<TOTAL-ASSETS>                                 37,340,409
<CURRENT-LIABILITIES>                           8,042,574
<BONDS>                                                 0
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                             0
<COMMON>                                            4,010
<OTHER-SE>                                     28,981,042
<TOTAL-LIABILITY-AND-EQUITY>                   37,340,409
<SALES>                                           417,136
<TOTAL-REVENUES>                                  417,136
<CGS>                                             441,138
<TOTAL-COSTS>                                     557,450
<OTHER-EXPENSES>                                        0
<LOSS-PROVISION>                                        0
<INTEREST-EXPENSE>                               (88,921)
<INCOME-PRETAX>                                   511,448
<INCOME-TAX>                                      199,465
<INCOME-CONTINUING>                               311,983
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                      311,983
<EPS-BASIC>                                        0.08
<EPS-DILUTED>                                        0.08


</TABLE>
CHRISTOPHER SALMONSON,

 Appellant,

v.

STATE OF FLORIDA,

 Appellee.

_______________________________/

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED.

CASE NO. 1D14-1959

Opinion filed November 14, 2014.

An appeal from the Circuit Court for Leon County.

Kevin J. Carroll, Judge.

Christopher Salmonson, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Carrie McNamara, Assistant Attorney 

General, Tallahassee, for Appellee.

PER CURIAM.

We treat appellees’ motion for remand as a confession of error, reverse the 

order denying appellant’s motion to dissolve temporary injunction, and remand for 

further proceedings. See State v. Beeler, 530 So. 2d 932, 934 (Fla. 1988); Burtoff 

v. Tauber, 85 So. 3d 1182, 1184 (Fla. 4th DCA 2012) (citing Matin v. Hill, 801 So. 

2d 1003, 1006 (Fla. 4th DCA 2001)). 

PADOVANO and SWANSON, JJ., CONCUR. WETHERELL, J., DISSENTS.
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

JUNE 10, 2009

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 08-13016

Non-Argument Calendar

________________________

D.C. Docket No. 07-22183-CV-JAL

DARRICK ADAWAY,

 Petitioner-Appellant,

versus

DEPARTMENT OF CORRECTIONS,

Walter A. McNeil, Secretary,

ATTORNEY GENERAL OF THE STATE OF FLORIDA,

Respondents-Appellees.

________________________

Appeal from the United States District Court for the

Southern District of Florida

_________________________

(June 10, 2009)

Before DUBINA, Chief Judge, BLACK and FAY, Circuit Judges.

PER CURIAM:

Appellant Darrick Adaway, a Florida state prisoner proceeding pro se,

appeals the district court’s denial of his 28 U.S.C. § 2254 federal habeas petition. 
We granted a certificate of appealability as to whether the district court violated

Clisby v. Jones, 960 F.2d 925, 938 (11th Cir. 1992) (en banc), when it failed to

address his claim of ineffective assistance of counsel for failure to appeal a motion

to suppress his confession. 

“[W]e review questions of law and mixed questions of law and fact de novo,

and findings of fact for clear error.” Stewart v. Sec’y, Dep’t of Corr., 476 F.3d

1193, 1208 (11th Cir. 2007). In Clisby, we held that when a district court fails to

address all claims in a habeas petition, we will vacate without prejudice and

remand the case for consideration of all remaining claims. 960 F.2d at 938. 

Under Clisby, a claim “is any allegation of a constitutional violation.” Id. at 936. 

Ineffective assistance of counsel constitutes a violation of a defendant’s Sixth

Amendment rights, and thus is a claim of a constitutional violation. Strickland v.

Washington, 466 U.S. 668, 684–86, 104 S. Ct. 2052, 2063-64, 80 L. Ed. 2d 674

(1984).

After a careful review of the record on appeal and the briefs of the parties,

we conclude the district court violated Clisby by failing to address Adaway’s

claim of ineffective assistance of counsel for failure to appeal the denial of the

motion to suppress his confession. Accordingly, we vacate the district court’s

2
judgment without prejudice and remand for consideration of the remaining claim

by the district court.

VACATED AND REMANDED.

3
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

William Farlow,

Plaintiff,

v.

Bard Peripheral Vascular, Inc. and C. R. 

Bard, Inc., et al.,

Defendant.

)

)

)

)

)

)

)

)

)

MDL Case No. 2:15-md-02641-DGC

Civil Action No. CV-17-03620-PHX-DGC

APPEARANCE OF COUNSEL

To: The clerk of court and all parties of record

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for:

Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc.

Date: October 18, 2017 /s/ Richard B. North, Jr.

Attorney's signature

Richard B. North, Jr. (Ga. Bar No. 545599)

Printed name and bar number

Nelson Mullins Riley & Scarborough, LLP

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363

Address

richard.north@nelsonmullins.com

E-mail Address

(404) 322-6000

Telephone number

(404 322-6050

FAX number

Case 2:15-md-02641-DGC Document 8354 Filed 10/23/17 Page 1 of 1
Exhibit
10.11


 





 


January
16, 2021


 


Roger
Schaller


 


Dear
Roger:


 


We
would like to offer you the position as Executive Vice President of Commercial Operations for Marizyme, Inc. effective January
16, 2021. The position will pay $250,000 annually, an annual discretionary bonus of potentially 25% of base salary based upon
discretionary objectives to be outlined, a potential realization bonus (performance sales revenue based) to be determined as an
over-achiever for the team relating to commercialization, and shares to be determined and approved by the Company’s Board
of Directors. The Company will also provide a benefit package to include health, dental, vision and insurances coverage.


 


We
look forward to you joining the Marizyme team.


 


	Sincerely,	 
	 	 
	/s/
    Bruce Harmon	 
	Bruce
    Harmon	 
	CFO
    	 


 


	Accepted
    by:	 
	 	 
	/s/
    Roger Schaller	 
	Roger
    Schaller 	 


 


	Pc:	Dr.
Neil Campbell, CEO
	 	Steven
    Seegers, Chief of Staff


 


Marizyme,
Inc.


225
Chimney Corner Lane, Suite 2001, Jupiter, FL 33458


561-935-9955
(O) 561-529-4248 (F)


www.marizyme.com
p488

SP-4103 Model Research - Volume 2

http://history.nasa.gov/SP-4103/p488.htm (1 of 2) [3/31/2006 1:41:02 PM]
p488

NACA Organization Chart, 1958 (hypothetical). 

- Back - 

http://history.nasa.gov/SP-4103/p488.htm (2 of 2) [3/31/2006 1:41:02 PM]
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UNITED STATES DISTRICT COURT 

FOR THE 

DISTRICT OF ARIZONA 

Janice E. Miller, 

Plaintiff, 

v. 

Bard Peripheral Vascular, Inc. and C. R. 

Bard, Inc., et al., 

Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

MDL Case No. 2:15-md-02641-DGC 

Civil Action No. CV-17-03522-PHX-DGC 

APPEARANCE OF COUNSEL 

To: The clerk of court and all parties of record 

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for: 

Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc. 

Date: November 6, 2017 /s/ Richard B. North, Jr. 

Attorney's signature 

Richard B. North, Jr. (Ga. Bar No. 545599) 

Printed name and bar number 

Nelson Mullins Riley & Scarborough, LLP 

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363 

Address 

richard.north@nelsonmullins.com 

E-mail Address 

(404) 322-6000 

Telephone number

(404 322-6050 

FAX number 

Case 2:15-md-02641-DGC Document 8707 Filed 11/08/17 Page 1 of 1