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

FOR THE DISTRICT OF ARIZONA

IN RE: Bard IVC Filters

Products Liability Litigation

This Document Relates to:

Ruden v. C.R. Bard, Inc.

_____________________________

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

[PROPOSED] ORDER

Pursuant to Federal Rule of Civil Procedure 12(b)(6),

Defendant Sutter West Bay Hospitals, doing business as California Pacific Medical Center's (hereinafter "CPMC") motion

to dismiss Plaintiff Wayne Ruden's Second, Ninth, and Tenth

Causes of Action and the request for punitive damages set forth

in the Complaint against CPMC was heard before this Court on

____________.

After reviewing the briefs and hearing the arguments of

counsel, and good cause appearing therefor:

IT IS HEREBY ORDERED:

Defendant CPMC'S motion to dismiss the Second, Ninth,

and Tenth Causes of Action and the request for punitive damages

set forth in the Complaint against CPMC is GRANTED WITH

PREJUDICE. The Complaint fails to state a claim upon which

relief can be granted against CPMC, in that CPMC does not owe

a fiduciary duty of care to Plaintiff Ruden under Moore v.

Regents of University of California, 51 Cal.3d 120 (1990). 

[PROPOSED] ORDER ON DEFENDANT CPMC'S MOTION TO DISMISS 

CASE NO. 2:15-md-02641-DGC 1

Case 2:15-md-02641-DGC Document 870-1 Filed 02/19/16 Page 1 of 2
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CPMC did not have a duty to inform Plaintiff of the FDA's

August 2010 correspondence, which renders invalid Plaintiff's

cause of action for negligence as to CPMC. Derrick v. Ontario

Community Hospital, 47 Cal.App.3d 145 (1975). Moreover, this

is essentially a product liability action, and under California

law, a medical provider such as CPMC cannot be held strictly

liable for product defects. Silverhart v. Mount Zion Hospital,

20 Cal.App.3d 1022 (1971). Finally, Plaintiff's punitive

damages claim is legally and factually unsubstantiated and

insufficiently pled against CPMC, a California corporation.

Therefore, the Second, Ninth, and Tenth Causes of

Action, and plaintiff's punitive damages claim are dismissed

without leave to amend.

IT IS SO ORDERED.

[PROPOSED] ORDER ON DEFENDANT CPMC'S MOTION TO DISMISS 

CASE NO. 2:15-md-02641-DGC 2

Case 2:15-md-02641-DGC Document 870-1 Filed 02/19/16 Page 2 of 2
Loan Agreement - TrackTime24

  
 

  
 VERBAL LOAN AGREEMENT
  
 This Verbal Loan Agreement is entered into on June 15, 2018 (the “Effective Date”), by and between Michal Wisniewski (the “Lender”) and Transuite.Org Inc. (the “Borrower”), collectively “the Parties.”     
  
 TERMS OF REPAYMENT
 1 Loan Amount 
 The Lender agrees to lend a total of $50, 000 payable in applicable installments over the Term (“The Loan”). 
 2 Interest Rate 
 Both Parties agree upon an interest rate of 0%.
 3 Term 
 The Loan Term is 5 years.
  
  
 

 “LENDER”
 By: /s/ Michal Wisniewski
 Date: June 15, 2018
 “BORROWER”
 By: /s/ Michal Wisniewski
 Date: June 15, 2018
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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA

 Movant Ismael Zunun-Morales has filed a Motion to Vacate, Set Aside, or Correct 

Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 (“Motion”) (Doc. 

1). On September 2, 2016, the Honorable Deborah M. Fine, United States Magistrate 

Judge, issued a Report and Recommendation (“R&R”), recommending that the Court 

deny the Motion. Judge Fine advised the parties that they had fourteen (14) days to file 

objections to the R&R and that failure to file timely objections could be considered a 

waiver of the right to obtain review of the R&R. (Doc. 5 at 8-9); 28 U.S.C. § 636(b)(1); 

Fed. R. Civ. P. 6, 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 

 The parties did not file objections, which relieves the Court of its obligation to 

review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 

(1985) (“[Section 636(b)(1)] does not... require any review at all... of any issue that is 

not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must 

determine de novo any part of the magistrate judge’s disposition that has been properly 

objected to.”). The Court has nonetheless reviewed the R&R and finds that it is wellUnited States of America, 

 

 Plaintiff/Respondent, 

vs. 

Ismael Zunun-Morales, 

 Defendant/Movant. 

 

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No. CV-15-01599-PHX-SPL)

(No. CR-14-00863-PHX-SPL) 

ORDER 

Case 2:15-cv-01599-SPL Document 6 Filed 10/05/16 Page 1 of 2
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taken. The Court will adopt the R&R and deny the Motion. See 28 U.S.C. § 636(b)(1) 

(stating that the district court “may accept, reject, or modify, in whole or in part, the 

findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The 

district judge may accept, reject, or modify the recommended disposition; receive further 

evidence; or return the matter to the magistrate judge with instructions.”). Accordingly, 

IT IS ORDERED:

1. That Magistrate Judge Fine’s Report and Recommendation (Doc. 5) is 

accepted and adopted by the Court; 

2. That the Motion to Vacate, Set Aside, or Correct Sentence by a Person in 

Federal Custody pursuant to 28 U.S.C. § 2255 (Doc. 1) is denied and this case is 

dismissed with prejudice; 

3. That a certificate of appealability and leave to proceed in forma pauperis on 

appeal are denied because Movant has not made a substantial showing of the denial of a 

constitutional right; 

4. That the Clerk of Court shall file this Order in the underlying related criminal 

action, Case No. CR-14-00863-PHX-SPL; and 

5. That the Clerk of Court shall terminate this action. 

 Dated this 5th day of October, 2016.

Honorable Steven P. Logan

United States District Judge

Case 2:15-cv-01599-SPL Document 6 Filed 10/05/16 Page 2 of 2
#### STATE OF NEW JERSEY IN THE INTEREST OF A.S.

May 2, 1989.

Petition for certification denied.
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UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Saverio Sportella,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

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

Civil Action No. CV-18-00069-PHX-DGC

WAIVER OF THE SERVICE OF SUMMONS

To: Law Office Of Christopher K Johnston LLC

(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 1/9/2018, 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: January 12, 2018 /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 9747 Filed 01/19/18 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 9747 Filed 01/19/18 Page 2 of 2
# Fourth Court of Appeals **San Antonio, Texas** MEMORANDUM OPINION
N o. 04

- 18

- 00073

- CR

Jose M. FLORES , Appellant

v. The STATE of Texas, Appellee From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2017CR8346W Honorable Catherine Torres

- Stahl, Judge Presiding
PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Delivered and Filed: March 28, 2018
DISMISSED FOR WANT OF JURISDICTION The trial court’s certification in this appeal states that “this criminal case is a plea

- bargain case, and the defendant has NO right of appeal.” Rule 25.2(d) of the Texas Rules of Appellate Procedure provides that an appeal “must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the re cord under these rules.” T EX
. R. A PP
. P. 25.2(d). The clerk’s record contains a written plea bargain, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; therefore, the clerk’s record su pports the trial court’s certification that defendant has no right of appeal. See04

- 18

- 00073

- CR

- 2

- T EX
. R. A PP
. P . 25.2(a)(2). In addition, appellant’s counsel has filed a document in which he states that he has reviewed the clerk’s record and can find no right of appeal for Appellant; counsel concedes that the trial court’s certification stating the defendant has no right of appeal is correct. In light of the record presented, we agree with appellant’s counsel that the defendant has no right of appeal; therefore, Rule 2 5.2(d) requires this court to dismiss this appeal. T EX
. R. A PP
. P. 25.2(d). Accordingly, the appeal is dismissed. See T EX
. R. A PP
. P. 25.2(d).
PER CURIAM
DO NOT PUBLISH
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Cynthia J. Stephenson,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

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)

)

)

)

)

)

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

Civil Action No. CV-17-03525-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 9027 Filed 11/30/17 Page 1 of 1
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</TABLE>
**EXHIBIT 32**

 

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Quarterly Report on Form 10-Q ofVision-Sciences, Inc. (the “Company”) for the period ended December 31,2005 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), the undersigned, Ron Hadani, Chief Executive Officer of theCompany, and James A. Tracy, Chief Financial Officer of the Company, eachhereby certifies, pursuant to 18 U.S.C. Section 1350, 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 results of operations of the Company. |

 

 
| Dated:  February 14, 2006 | /s/ Ron Hadani          |   |
|--------------------------------|-------------------------|--------|
|                           | Ron Hadani              |
|                           | Chief Executive Officer |
|                           |                    |
|                           |                    |
| Dated:  February 14, 2006 | /s/ James A. Tracy      |   |
|                           | James A. Tracy          |
|                           | Chief Financial Officer |

 

 

----
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<PERIOD-END>                               JUN-30-1998
<CASH>                                           1,097
<SECURITIES>                                    82,742
<RECEIVABLES>                                    2,802
<ALLOWANCES>                                       167
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<CURRENT-ASSETS>                                86,963
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