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

FOR THE 

DISTRICT OF ARIZONA

Virginia Plott,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

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

Civil Action No. CV-17-03572-PHX-DGC

WAIVER OF THE SERVICE OF SUMMONS

To: Curtis Law Group

(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 10/11/2017, 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: October 18, 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 8349 Filed 10/23/17 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 8349 Filed 10/23/17 Page 2 of 2
UNITED STATES DISTRICT COURT 

FOR THE 

DISTRICT OF ARIZONA 

Robert J. Weiner, 

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-17-03467-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 8795 Filed 11/10/17 Page 1 of 1
<PAGE>   1
                                  EXHIBIT 11.2

                    COMPUTATION OF DILUTED EARNINGS PER SHARE
                      (IN THOUSANDS, EXCEPT PER SHARE DATA)

<TABLE>
<CAPTION>
                                                               Three Months Ended
                                                                  December 31,
                                                             ----------------------
                                                               1998           1997
                                                               ----           ----
<S>                                                          <C>           <C>     
Shares:

Weighted average number of common shares outstanding           16,519        15,994

Additional shares assuming conversion of
     stock options and warrants                                   359           574
                                                             --------      --------

Weighted average shares outstanding                            16,878        16,568
                                                             ========      ========

Net income                                                   $  4,923      $  3,656
                                                             ========      ========

Diluted earnings per share                                   $   0.29      $   0.22
                                                             ========      ========
</TABLE>
[Federal Register Volume 79, Number 199 (Wednesday, October 15, 2014)]
[Notices]
[Page 61886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24480]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2014-0003]


Notice of Adjustment of Countywide Per Capita Impact Indicator

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: FEMA gives notice that the countywide per capita impact 
indicator under the Public Assistance program for disasters declared on 
or after October 1, 2014, will be increased.

DATES: Effective Date: October 1, 2014, and applies to major disasters 
declared on or after October 1, 2014.

FOR FURTHER INFORMATION CONTACT: William Roche, Recovery Directorate, 
Federal Emergency Management Agency, 500 C Street SW., Washington, DC 
20472, (202) 646-3834.

SUPPLEMENTARY INFORMATION: In assessing damages for area designations 
under 44 CFR 206.40(b), FEMA uses a county-wide per capita indicator to 
evaluate the impact of the disaster at the county level. FEMA will 
adjust the countywide per capita impact indicator under the Public 
Assistance program to reflect annual changes in the Consumer Price 
Index for All Urban Consumers published by the Department of Labor.
    FEMA gives notice of an increase in the countywide per capita 
impact indicator to $3.56 for all disasters declared on or after 
October 1, 2014.
    FEMA bases the adjustment on an increase in the Consumer Price 
Index for All Urban Consumers of 1.7 percent for the 12-month period 
that ended in August 2014. The Bureau of Labor Statistics of the U.S. 
Department of Labor released the information on September 17, 2014.

(Catalog of Federal Domestic Assistance No. 97.036, Disaster 
Grants--Public Assistance (Presidentially Declared Disasters))

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2014-24480 Filed 10-14-14; 8:45 am]
BILLING CODE 9111-23-P
**EXHIBIT 21**

**SUBSIDIARIES OF THE REGISTRANT**

----

**Exhibit 21**

**SUBSIDIARIES OF THE REGISTRANT**

| **Parent**                      |   | **Subsidiary**                   |   | **Percentage   of   Ownership** |   | **State of   Incorporation   or   Organization** |
|---------------------------------|--------|----------------------------------|--------|---------------------------------|--------|--------------------------------------------------|
|                                 |   |                                  |   |                                 |   |                                                  |
| *MutualFirst*   Financial, Inc. |   | Mutual Federal Savings Bank      |   | 100%                            |   | United States                                    |
|                            |   |                             |   |                            |   |                                             |
| *MutualFirst*   Financial, Inc. |   | Indiana Title Insurance Co., LLC |   | 26.9%                           |   | Indiana                                          |
|                            |   |                             |   |                            |   |                                             |
| Mutual Federal Savings Bank     |   | First M.F.S.B. Corporation       |   | 100%                            |   | Indiana                                          |
#### T. C. Butler *v.*Knott & Dunham.

Bill of Exchange — Limitation—Subsequent Promise Must Be Alleged.

When an action on a bill of exchange is barred by limitation, which is pleaded, and a subsequent promise to pay is relied on it must he alleged, and the statement that one deems himself bound for the debt cannot be construed to be an unconditional promise to pay.

APPEAL PROM JEPPERSON CIRCUIT COURT.

September 30, 1867.

Opinion op the Court by

Jud&e Peters :

It does not appear in the record what propositions of law was submitted to the jury as applicable, to the facts proved, nor that any evidence was offered by appellant that was objected to or excluded by the court; consequently, if the judgment can be reversed, it must be upon the sole ground that the same is clearly against the weight of evidence. It is not certified in so many words that the bill of exceptions contains all the evidence introduced on the trial; but if, by a liberal interpretation thereof, it be conceded that it is in substance so sated, still we do not feel authorized to disturb the verdict. The proof does not show that appellees, or either of them, undertook or promised to pay the lebt within five, years after its maturity, and the statute of limitations *80is pleaded and relied upon by both of them. Brown proves that Knott stated to him that he had paid over to Dunham the one-half of the debt, which he intended to be applied as a payment *pro tanto*on said debt, and as *“he deemed*he was liable and bound” for the amount of the bill, “he would not make any defense to this action.” This cannot be construed as an unconditional and direct promise to pay the debt, nor was it so regarded by Brown, because the action is brought on the bill of exchange, and a subsequent promise to pay the debt is not alleged. But the whole sentence is the expression by Knott of his belief that he was still, bound to pay the debt, and while he continued in that belief, he would make no defense to the action. But after he became better informed on the subject’ he resolved upon a different course of conduct, as the result proved, for he did defend the action, and availed himself of all the defenses that he believed he could make effectual. And having succeeded, we perceive no error prejudicial to appellants, and the judgment must be affirmed.
**Exhibit 10.31**

 

**SUMMARY OF MATERIALMODIFICATIONS**

**TO THE SUMMARY PLANDESCRIPTION FOR THE**

**HERITAGE OAKS BANCORP**

**EMPLOYEE STOCKOWNERSHIP PLAN**

 

The Heritage Oaks BancorpEmployee Stock Ownership Plan has been amended.  Most of these amendments are to have the plan comply with thechanges in the law made by the Economic Growth and Tax Relief ReconciliationAct of 2001.  The purpose of thisSummary Of Material Modifications (SMM) is to provide you with required noticeof the changes in the Plan.  It isimportant to remember that the Summary Plan Description (SPD) describing theplan, and this SMM, are summaries of the provisions contained in the officialPlan document and that any conflicts between either the SPD or the SMM and thePlan document will be governed by the Plan document, including any Planamendments.  Recent changes made to thePlan are as follows and are made effective January 1, 2002 unless statedotherwise:

 

1.                                       InternalRevenue Code section 415 Annual Addition Limit.  The limit on the total of employee andemployer contributions made on behalf of an employee under all plans sponsoredby an employer was changed from the lesser of $35,000 or 25% of compensation tothe lesser of $40,000 or 100% of compensation.

 

2.                                       CompensationThat May Be Taken Into Account Under the Plan.  The amount of annual compensation that canbe taken into account for purposes of calculating all contributions under theplan and for performing all plan testing has been increased from $170,000 to$200,000.

 

3.                                       TopHeavy Changes.  The “top heavy” provisions of the planprovide that if the accrued benefits of key employees under all plans sponsoredby the employer exceed 60% of all plan assets under the plans that minimumcontributions must be made on behalf of all non-key employees.  The Heritage Oaks Bancorp plans are not topheavy.  The EGTRRA amendments:  (i) change the definition of key employee byraising the amount of compensation required to be considered a key employee,(ii) reduce the number of years one is required to look back in determiningwhether an employee is a key employee from 4 years to one year, (iii) requireonly distributions from the prior year (rather than the past five years) needto be taken into account in determining accrued benefits, and (iv) allow matchingcontributions to be taken into account to satisfy the minimum contributionrequirements.

 

----
**EXHIBIT32.1**

** **

**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 theAnnual Report of ICOP Digital, Inc. (the “Company”) on Form 10-KSB/A-5for the year ended December 31, 2004, as filed with the Securities andExchange Commission on the date hereof (the “Report”), the undersigned herebycertifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that: 

 

(1) The Report fully complies with the requirements of section13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

(2) The information contained in the Report fairly presents, inall material respects, the financial condition and result of operations of theCompany.

 

 
|   | /s/  DAVID C. OWEN                      |
|--------|-----------------------------------------|
|   | David  C. Owen                          |
|   | *President and Chief Executive Officer* |

 
| July 7,  2005 | * * |
|--------------------|----------|

 

A signed original of thiswritten statement required by Section 906 has been provided to ICOPDigital, Inc. and will be retained by ICOP Digital, Inc. and furnished to theSecurities and Exchange Commission or its staff upon request.

 

----
- .- 

I I I 

Administrator A 

Daniel S. Goldin 

Deputy Administrator 

John R. Dailey (Actin ) 

Associate Deputy Adminitrator 

John R. Dailey 

Assoc. Dep. Administrator (Tech) 

Michael 1. Mott 

David H. Mobley 

Chief Information Officer 

John C. Lynn 

Chlef Scientist 

France A. Cordova 

Chief Engineer LM D Rnker (Acling) 

Chief Financial 

Counsel 

Amold Holz Edward A. Fmnkle Yvonne E. Freeman jnp1 Public Affairs 

I I-- 

Deidre A. Lee Laurie Boeder Alan M. Ladwg 

I 

I I 

XI I oi I Space Access 

I 

John E. Mansfield Charles T. Force 

I 

I I 

YI I Mi 

I Mission to Planet Space Flight I Ea*h I I I1 I 

Charles F. Kennel Wayne Littles I 

I 

Joseph Rohnberg (Acting) 

John F. Kennedy 

Ray S. Estess 

I 

I 

I I 

II I LI I F1 

Human Resource 

and Education 

External --- Relations 

John D. Schumacher (Acting) Jeff Lawrence Spence M. Arrnstrong 

Systems and Facilities Assurance Business 

Utilization 

Eenita A. Cooper Frederick Gregory Ralph C. Thomas 

Microgravity 

Sciences and 

Applications 

Harry C. Holloway 

Aeronautics Space Science 

May 1,1995 

'JPL Is a contractor-operated facility. 

I
<PAGE>



                                                                    Exhibit 32.2

                    Certification of Chief Financial Officer

      In connection with the Quarterly Report of Exchange National Bancshares,
Inc. (the "Company") on Form 10-Q for the period ended March 31, 2004 as filed
with the Securities and Exchange Commission (the "Report"), I, Richard G. Rose,
Treasurer of the Company, hereby certify in accordance with 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:

      (a)   The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended; and

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

Dated:  May 10, 2004

                                                        /s/ Richard G. Rose
                                                        ------------------------
                                                        Richard G. Rose
                                                        Treasurer

"A signed original of this written statement required by Section 906 has been
provided to Exchange National Bancshares, Inc. and will be retained by Exchange
National Bancshares, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request."
<PAGE>

                                Exhibit 10.53.1

List of Senior Vice Presidents who have executed officer severance agreements:

Stuart K. Campbell            Senior VP, Client Services
Michael Fulk                  Senior VP, Sales and Marketing
Herb Schneiderman             Senior VP, Medical Delivery Systems
John J. Seidenfeld, MD        Senior VP & Chief Medical Officer
Richard Smith                 Senior VP, Diversified Life Insurance Co.
Connie L. Van Fleet           Senior VP, Chief Information Officer
Kathleen M. Zorica            Senior VP, Business Analysis & Product Management
#### PATRICIA EYRICH v. CONNY H. DAM AND SCHOOLEY’S MOUNTAIN FIRE PROTECTION ASSOCIATION.

April 10, 1984.

Petition for certification denied. (See 193 *N.J.Super.*244)
Case 2:15-md-02641-DGC Document 8377 Filed 10/24/17 Page 1 of 2
Case 2:15-md-02641-DGC Document 8377 Filed 10/24/17 Page 2 of 2
#### HILL v. WILLIAMS

No. 352P01

Case below: 144 N.C. App. 45

Petition by defendants/third party plaintiffs for discretionary review pursuant to G.S. 7A-31 denied 4 October 2001.
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Juanita Beucke,

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-17-03602-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 9118 Filed 12/04/17 Page 1 of 1
#### NORMAN I. KLEIN v. MARGARET COX.

May 16, 1984.

Petition for certification denied.
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Randall Cruthis,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

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

Civil Action No. CV-17-04021-PHX-DGC

WAIVER OF THE SERVICE OF SUMMONS

To: Lopez McHugh LLP - Newport Beach, CA

(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 11/7/2017, 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 27, 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. 

“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 8970 Filed 11/29/17 Page 1 of 1