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

FOR THE 

DISTRICT OF ARIZONA

Tiffany R. Gordon,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

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

Civil Action No. CV-17-03209-PHX-DGC

WAIVER OF THE SERVICE OF SUMMONS

To: Aylstock, Witkin, Kreis & Overholtz, PLLC

(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 11/12/2017, 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 9010 Filed 11/30/17 Page 1 of 1
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Robert McGowan,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

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

Civil Action No. CV-17-03640-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: 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 9183 Filed 12/06/17 Page 1 of 1
UNITED STATES COURT OF APPEALS 

FOR THE TENTH CIRCUIT 

 

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

v. 

KARLA MONROY MURILLO, 

 Defendant - Appellant. 

No. 14-3272 

(D.C. No. 2:12-CR-20153-CM-2) 

(D. Kan.)

 

ORDER AND JUDGMENT*

 

Before BRISCOE, Chief Judge, MATHESON and MORITZ, Circuit Judges. 

 

 The government moves to enforce the plea agreement, containing an appeal 

waiver, it entered into with Karla Monroy Murillo. Ms. Monroy Murillo does not 

oppose enforcement of the appeal waiver. Indeed, she requests that this court enforce 

the plea agreement and appeal waiver and dismiss her appeal. After independently 

considering the plea agreement and plea and sentencing hearing transcripts in light of 

the three-prong analysis set forth in United States v. Hahn, 359 F.3d 1315, 1325 

 

* This panel has determined that oral argument would not materially assist the 

determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The 

case is therefore ordered submitted without oral argument. This order and judgment 

is not binding precedent, except under the doctrines of law of the case, res judicata, 

and collateral estoppel. It may be cited, however, for its persuasive value consistent 

with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. 

FILED 

United States Court of Appeals 

Tenth Circuit 

March 20, 2015

Elisabeth A. Shumaker 

Clerk of Court

Appellate Case: 14-3272 Document: 01019402404 Date Filed: 03/20/2015 Page: 1 
- 2 - 

(10th Cir. 2004) (en banc) (per curiam), we conclude that the motion to enforce 

should be granted. 

 Accordingly, we grant the government’s motion to enforce and dismiss this 

appeal. 

 Entered for the Court 

 Per Curiam 

Appellate Case: 14-3272 Document: 01019402404 Date Filed: 03/20/2015 Page: 2
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Order filed January 13, 2015

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 14

- 00888

- CV

____________ ROBERTO LUIS FRUTO G UEVARA , Appellant

V.
CONSUELA LEONA TSINN IJINNIE, Appellee

On Appeal from the 387th District Court Fort Bend County , Texas Trial Court Cause No. 14

- DCV

- 212348



### O R D E R
The notice of appeal in this case was filed November 3, 2014. The clerk’s record was filed December 16, 2014 . To date, the filing fee of $19 5.00 has not been paid. No evidence that appellant has estab lished indigence has been filed. See Tex. R. App. P

. 20.1. Therefore, the court issues the following order.
Appellant is ordered to pay the filing fee in the amount of $1 9 5.00 to the
Clerk of this court on or before January 28, 2015. See Tex. R. App. P. 5. Ifappellant fails to timely pay the filing fee in accordance with this order, the appeal

will be dismissed.

PER CURIAM
#### Jesse Russell *v.*J. S. Gollady.

New Trial — Misconduct of Jury — Evidence.

Jurors. are not permitted to' testify as to any misconduct of themselves, or their fellow-jurors, nor as to what influenced them in making up their verdict. It is against the policy of the law to allow such evidence.

October 20, 1868.

APPEAL PROM TODD CIRCUIT COURT.

Opinion oe ti-ie Court by

Judge Peters:

Henwood, who was introduced as a witness for the appellee, *237proves he was engaged in the business of inspecting tobacco in the city of New York, and was a member of the firm of the house of Jarvis & Go., of said city, that the tobacco which is the subject of this litigation was taken to their business house for inspection and inspected by him, the competency of his evidence cannot be legally questioned. He also proves that after inspecting it he sent samples of the tobacco from each hogshead to the house of Oordogo & Go. to whom said hogsheads were consigned, and he identifies the tobacco, and the other witnesses testify to *facts*pertinent to the issue, and their evidence was therefore competent and without any technical or legal objection, and the exceptions to the depositions were properly overruled, and their evidence is confirmatory of his.

*Kennady, Petrie, for appellant.*

*■James, for appellee.*

The jurors themselves are not permitted to testify as to any misconduct of themselves, or their fellow-jurors, nor as to what influenced them in making up their verdict. It is against the policy of the law to allow such evidence. Motions for new trials on such grounds would be vexatiously multiplied, and jury trials discredited by the affidavits of jurors presented to stullify their own verdicts. *Luttrell vs. Maysville and Lexington Railroad, 18 B. Mon.*291. The only two grounds relied upon for reversal, are that the court erred in overruling exceptions to depositions and that the jurors or some of them did not comprehend the effect of some instruction of the court. But the instructions are not incorporated in the bill of exceptions, and this court is not informed as to them and must presume they were proper. As therefore the record presents no perceivable or available error, the judgment is affirmed.
1.
    
    I have reviewed this Quarterly Report on Form 10-Q of PLATO Learning, Inc.;2.
    
    Based on my knowledge, this report 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 with respect to the period
covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this report, fairly present in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the periods presented in this
report;4.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules
13a-15(f) and 15d-15(f)) for the registrant and have:
 a.
    
    Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that material
information relating to the registrant, including its consolidated subsidiaries, is
made known to us by others within those entities, particularly during the period in
which this report is being prepared;b.
    
    Designed such internal control over financial reporting, or caused such
internal control over financial reporting to be designed under our supervision, to
provide reasonable assurance regarding the reliability of financial reporting and the
preparation of financial statements for external purposes in accordance with generally
accepted accounting principles;c.
    
    Evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this report our conclusions about the effectiveness of the
disclosure controls and procedures, as of the end of the period covered by this report
based on such evaluation; andd.
    
    Disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants second fiscal quarter that
has materially affected, or is reasonably likely to materially affect, the registrants
internal control over financial reporting; and
 5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrants board of directors:
 a.
    
    All significant deficiencies and material weaknesses in the design or operation
of internal control over financial reporting which are reasonably likely to adversely
affect the registrants ability to record, process, summarize and report financial
information; andb.
    
    Any fraud, whether or not material, that involves management or other employees
who have a significant role in the registrants internal control over financial
reporting.
 Date: June 9, 2008

/s/ ROBERT J. RUECKLRobert J. RuecklVice President and Chief Financial Officer
UNITED STATES DISTRICT COURT 

FOR THE 

DISTRICT OF ARIZONA 

Timothy D. Stanley, 

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-17-03480-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 8812 Filed 11/10/17 Page 1 of 1
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lWE;‘E”R’A”L” W 

ADMINISTRATOR A 

DR. JAMES c. FLETCHER SILL 0. COL”lR 

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ADMINISTRATOR ~;~INISTRATOFl ADMINISTRATOR FOR 

FOR SAFETY, RELIABILITY, 

PROCUREMENT MANAGEMENT MAINTAINABILITY, 8 

QUALITY ASSURANCE 

--‘I 1 

STUART J. EYANS JUNE GIBBS BROWN OEOROE A. RODNEY 

ASSOCIATE 

ADMINISTRATOR 

FOR SPACE 

H. HOLUSTER CANTUS WILLIAM SHEERAN lSA.AC T. OIUAN. I” 

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RICHARD n. TRULY. RAOM USN I~ AWOREW J. STOFAROBERT W 0. ALLER