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

FOR THE 

DISTRICT OF ARIZONA 

Cristina R. Leguia, 

Plaintiff, 

v. 

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc., 

Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

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

Civil Action No. CV-17-03477-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 10/26/2017, 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: November 6, 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 8640 Filed 11/06/17 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 8640 Filed 11/06/17 Page 2 of 2
**EXHIBIT 23.2**

**CONSENT OF ERNST & YOUNG LLP,**

**INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation by reference in the Registration Statements on Form S-8 (Nos. 333-43114, 333-89082, 333-121437and 333-137351) and in the Registration Statements on Form S-3 (Nos. 333-65716, 333-70562, 333-86892, 333-102273, 333-102995, 333-103980, 333-121438, 333-121475, 333-135096 and 333-137350) and related Prospectuses of Monogram Biosciences, Inc.(formerly ViroLogic, Inc.) of our report dated March 14, 2005, with respect to the financial statements and schedule of Monogram Biosciences, Inc. (formerly ViroLogic, Inc.) for the year ended December 31, 2004 included in this AnnualReport (Form 10-K) for the year ended December 31, 2006. 

/s/    ERNST & YOUNG LLP

Palo Alto, California 

March 8, 2007
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Exhibit 99.1


                                                                May 14, 2004

Bank of Tokyo-Mitsubishi Trust Company
1251 Avenue of the Americas
New York, New York 10020
Attention: Corporate Trust Administration

Wilmington Trust Company
Rodney Square North
1100 North Market Street
Wilmington, Delaware 19890-0001
Attention: W. Chris Sponenberg

           Re:  2002 Annual Statement as to Compliance

Ladies and Gentlemen:

         I, Hideyuki Kitamura, certify that:

         (1) I have reviewed this annual report on Form 10-K, and all reports
on Form 8-K containing distribution or servicing reports filed in respect of
periods included in the year covered by this annual report, of MMCA Auto Owner
Trust 2002-1;

         (2) Based on my knowledge, the information in these reports, taken as
a whole, 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 as of the
last day of the period covered by this annual report;

         (3) Based on my knowledge, the distribution or servicing information
required to be provided to the trustee by the servicer under the pooling and
servicing, or similar, agreement, for inclusion in these reports is included in
these reports;

         (4) Based on my knowledge and upon the annual compliance statement
included in the report and required to be delivered to the trustee in
accordance with the terms of the pooling and servicing, or similar, agreement,
and except as disclosed in the reports, the servicer has fulfilled its
obligations under the servicing agreement; and

         (5) The reports disclose all significant deficiencies relating to the
servicer's compliance with the minimum servicing standards based upon the
report provided by an independent public accountant, after conducting a review
in compliance with the Uniform Single Attestation Program for Mortgage Bankers
or similar procedure, as set forth in the pooling and servicing, or similar,
agreement, that is included in these reports.


Sincerely,

MMCA AUTO RECEIVABLES TRUST


By:      /s/ Hideyuki Kitamura
         _____________________________
         Name: Hideyuki Kitamura
         Title: Secretary & Treasurer
EXHIBIT 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO

RULE 13a-14(b) OR RULE 15d-14(b)

OF THE SECURITIES EXCHANGE ACT OF 1934 AND 18 U.S.C. SECTION 1350

I, Michael D. Burger, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the annual report of Merix Corporation on Form 10-K for the
period ended May 31, 2008 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such annual report on Form 10-K fairly presents, in all material respects,
the financial condition and results of operations of Merix Corporation.



|               |  |                                                
|-------------- |  | -----------------------------------------------
|By:            |  | /s/ MICHAEL D. BURGER                          
|               |  | Michael D. Burger                              
|               |  | Director, President and Chief Executive Officer
|               |  | (Principal Executive Officer)                  
|              
|August 6, 2008
#### John P. Sullivan *v.*S. K. Mallony.

Pleading — Instructions—Facts Alleged in Petition Not Controverted, Taken as Confessed.

A petition, on an account, charging rents upon land, for a stated period, imports an allegation that the lands were used for the time as charged and an 'answer which does not controvert this fact, is properly treated by the court as an admission, and an instruction predicated on this view is not erroneous.

Appeal and Error — Record Incomplete.

Where the record of a former suit between the same litigants is not copied in the record to the appellate court, it cannot avoid as grounds for an objection insisted on for the appellant that the cause of action was barred by a previous judgment.

APPEAL FROM TODD CIRCUIT COURT.

January 17, 1868.

Opinion of the Court by

Judge Hardin :

As no record of any former suit between tbe parties is incorporated in the record in this case, there is no apparent ground for the objection, insisted on for the appellant, that the cause of action was barred by a previous judgment.

The account referred to in the original petition as the foundation of the action charges the appellant with rent from the 25th day of February, 1860, to the 1st of January, 1863, and we think this account, with the amount of indebtedness in the petition referring to it, charging imports an allegation that the defendant used the premises from said 25th of February, 1860, to the 1st of January, 1863, and as the answer did not controvert ’this fact, the court properly treated it as admitted by the pleadings, and the instruction predicated on this view was not erroneous.

The bill of exceptions stating the action of the court as'to instruction does not appear to have been signed by the court, but waiving this objection, we do not perceive any error to the appellant’s prejudice in the ruling of the court in relation to instructions.

The verdict, seems to have been authorized by the evidence certi*57fled in the record, but if it was not, it is not stated in the bill of exceptions that that was all the evidence in the cause.

*Petrie &*Bibb, *for appellant.*

Kennedy, *for appellee.*

Wherefore, the judgment is affirmed.
<PAGE>

                                                                    Exhibit 32.1

                CERTIFICATION OF EXECUTIVE CHAIRMAN OF THE BOARD

            Pursuant to 18 U.S.C. Section 1350, as created by Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of Books-A-Million, Inc.
(the "Company") hereby certifies, to the best of such officer's knowledge, that:

            (i) the accompanying Quarterly Report on Form 10-Q/A of the Company
      for the quarterly period ended May 1, 2004 (the "Report") fully complies
      with the requirements of Section 13(a) or Section 15(d), as applicable, of
      the Securities Exchange Act of 1934, as amended; and

            (ii) the information contained in the Report fairly presents, in all
      material respects, the financial condition and results of operations of
      the Company.

      Dated: April 28, 2005                    /s/ Clyde B. Anderson
                                               ---------------------------------
                                               Clyde B. Anderson
                                               Executive Chairman of the Board
<PAGE>   1
                                                                    EXHIBIT 99.1


FIFTH AND SIXTH PARAGRAPHS UNDER THE CAPTION "LEGAL PROCEEDINGS" BEGINNING ON
PAGE 13 OF THE ANNUAL REPORT ON FORM 10-K OF THE COMPANY FOR THE YEAR ENDED
DECEMBER 31, 1999 (FILE NO. 1-11616).

Later in February, three stockholders' derivative complaints, captioned Alan
Kahn v. Citigroup Inc., Kenneth Steiner v. Citigroup Inc., and Katherine F.
Petty v. Citigroup Inc., were filed in Delaware Chancery Court against the
Company and its directors (as well as Citigroup and certain subsidiaries). The
complaints allege, among other things, that defendants breached their fiduciary
duties by engaging in a series of self-dealing transactions that are unfair to
the Company and a waste of corporate assets. Plaintiffs assert that Citigroup
will continue to self-deal to benefit itself and further depress the price of
the Company's outstanding public stock so it can acquire the stock at a
depressed price in the future.

Each complaint seeks various forms of relief, including unspecified monetary
damages, rescission of certain contracts and transactions, and declaratory and
injunctive relief prohibiting Citigroup and its subsidiaries from engaging in
further self-dealing with the Company and requiring Citigroup and its
subsidiaries to conduct all future business with independent directors and
officers of the Company.
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UNITED STATES DISTRICT COURT 

FOR THE 

DISTRICT OF ARIZONA 

David Kidd, 

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-17-03493-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 8645 Filed 11/06/17 Page 1 of 1
**Exhibit
      23**




CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM




We
      consent to the incorporation by reference in the Registration Statements No.
      333-07589, No. 333-31105, No. 333-83235, and No. 333-126876 each on Form S-8,
      of
      our report dated January 13, 2006 on our audits of the consolidated financial
      statements of Heritage Oaks Bancorp and Subsidiaries as of December 31, 2005
      and
      2004, and for each of the three years in the period ended December 31, 2005,
      appearing in this Annual Report on Form 10-K.





/s/
      Vavrinek, Trine, Day & Co., LLP





Rancho
      Cucamonga, California


March
      1,
      2006





85
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Joyce Bruce,

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-17-03648-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 27, 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 9116 Filed 12/04/17 Page 1 of 1
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App), notice is hereby given of the meetings.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 USC, as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable materials, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         Biomedical Library and Informatics Review Committee.                    

*Date:*                         March 19-20, 2015.                    

*Time:*                         March 19, 2015, 8:00 a.m. to 6:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Library of Medicine, Building 38, 2nd Floor, Board Room, 8600 Rockville Pike, Bethesda, MD 20892.                    

*Time:*                         March 20, 2015, 8:00 a.m. to 2:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Contact Person:*                         Arthur A. Petrosian, Ph.D., Chief Scientific Review Officer, Division of Extramural Programs, National Library of Medicine, 6705 Rockledge Drive, Suite 301, Bethesda, MD 20892-7968, 301-496-4253,                         *petrosia@mail.nih.gov.*

(Catalogue of Federal Domestic Assistance Program No. 93.879, Medical Library Assistance, National Institutes of Health, HHS).

Dated: October 8, 2014.

Michelle Trout,

 Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2014-24425 Filed 10-14-14; 8:45 am]

BILLING CODE 4140-01-P
<TABLE> <S> <C>

<ARTICLE> 5
        <S> <C>

<PERIOD-TYPE>                    YEAR
<FISCAL-YEAR-END>                Dec-31-1999
<PERIOD-START>                   Jan-01-1999
<PERIOD-END>                     Dec-31-1999
<CASH>                           347,747
<SECURITIES>                     0
<RECEIVABLES>                    295,561
<ALLOWANCES>                     0
<INVENTORY>                      861,911
<CURRENT-ASSETS>                 1,530,176
<PP&E>                           2,584,974
<DEPRECIATION>                   240,156
<TOTAL-ASSETS>                   4,264,546
<CURRENT-LIABILITIES>            2,632,868
<BONDS>                          0
<PREFERRED-MANDATORY>            0
<PREFERRED>                      10,000
<COMMON>                         151,940
<OTHER-SE>                       1,361,568
<TOTAL-LIABILITY-AND-EQUITY>     4,264,546
<SALES>                          1,524,514
<TOTAL-REVENUES>                 1,524,514
<CGS>                            1,871,216
<TOTAL-COSTS>                    0
<OTHER-EXPENSES>                 2,852,549
<LOSS-PROVISION>                 0
<INTEREST-EXPENSE>               169,738
<INCOME-PRETAX>                  (3,368,989)
<INCOME-TAX>                     0
<INCOME-CONTINUING>              (3,368,989)
<DISCONTINUED>                   0
<EXTRAORDINARY>                  0
<CHANGES>                        0
<NET-INCOME>                     (3,368,989)
<EPS-BASIC>                    (0.26)
<EPS-DILUTED>                    (0.26)



</TABLE>