alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

GARY L. MASON,

 Defendant - Appellant.

No. 12-30244

D.C. No. 2:08-cr-00141-FVS

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of Washington

Fred L. Van Sickle, District Judge, Presiding

Submitted June 18, 2013** 

Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.

Gary L. Mason appeals from the district court’s order denying his 18 U.S.C.

§ 3582(c)(2) motion for reduction of sentence. We have jurisdiction under 28

U.S.C. § 1291, and we affirm.

The government contends that this appeal is barred by the appeal waiver in

FILED

JUN 20 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 12-30244

Mason’s plea agreement. We disagree. The appeal waiver does not encompass a

decision regarding a section 3582(c)(2) motion. See United States v. Lightfoot, 626

F.3d 1092, 1094-95 (9th Cir. 2010). 

Mason contends that he is entitled to a sentence reduction based on

Amendment 750 to the Sentencing Guidelines. We review de novo whether the

district court had authority to modify a defendant’s sentence under section

3582(c)(2). See United States v. Austin, 676 F.3d 924, 926 (9th Cir. 2012). Mason

is not eligible for a sentence reduction because his sentence was based on the

sentencing range stipulated in a binding plea agreement under Federal Rule of

Criminal Procedure 11(c)(1)(C), and not on a sentencing range that has been

subsequently lowered by the Sentencing Commission, as required by section

3582(c)(2). See Freeman v. United States, 131 S. Ct. 2685, 2695-96 (2011)

(Sotomayor, J., concurring). The plea agreement does not call for Mason to be

sentenced within a particular Guidelines sentencing range, nor is any such

Guidelines range expressly used in the agreement or evident from the agreement

itself. See id. at 2697-98. Accordingly, the district court lacked authority to

modify Mason’s sentence under section 3582(c)(2). See Austin, 676 F.3d at 930.

Mason argues that Austin was wrongly decided. We are bound by Austin. 

See United States v. Gonzalez-Zotelo, 556 F.3d 736, 740 (9th Cir. 2009).

AFFIRMED.
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Jackie McCreary,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

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

Civil Action No. CV-17-04078-PHX-DGC

WAIVER OF THE SERVICE OF SUMMONS

To: Osborne & Associates Law Firm, PA

(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 11/6/2017, 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 8912 Filed 11/28/17 Page 1 of 1
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No. 87-6420.

#### In re McDonald.

Petition for writ of mandamus denied.
Exhibit 20 (a)
                              
                ANNUAL SERVICER'S CERTIFICATE
                   FINGERHUT MASTER TRUST


     The undersigned, a duly authorized representative of
Fingerhut Corporation, as the prior Servicer pursuant to
the Amended and Restated Pooling and Servicing Agreement dated as of 
January 12, 1997 (the "Pooling and Servicing Agreement"), by and among 
Fingerhut Receivables, Inc. (the "Transferor"), Fingerhut National Bank, 
as Servicer and The Bank of New York (Delaware), as trustee (the "Trustee") 
does hereby certify that:

     1.   Fingerhut Corporation was Servicer under the Pooling and
Servicing Agreement until January 12, 1997.  After January 12, 1997, 
Fingerhut National Bank was appointed as Servicer but Fingerhut Corporation 
remains jointly and severally liable as servicer.

     2.   The undersigned is duly authorized pursuant to the
Pooling and Servicing Agreement to execute and deliver this
Certificate to the Trustee.

     3.   This Certificate is delivered pursuant to Section
3.5 of the Pooling and Servicing Agreement.

     4.   A review of the activities of the Servicer during
the period from the Closing Date until December 27, 1996 was
conducted under my supervision.

     5.   Based on such review, the Servicer has, to the
best of my knowledge, fully performed all of its obligations
under the Pooling and Servicing Agreement throughout such
period and no default in the performance of such obligations
has occurred or is continuing except as set forth in
paragraph 6 below.

     6.   The following is a description of each default in
the performance of the Servicer's obligations under the
provisions of the Pooling and Servicing Agreement, including
any Supplement, known to me to have been made during such
period which sets forth in detail (i) the nature of each
such default, (ii) the action taken by the Servicer, if any,
to remedy each such default and (iii) the current status of
each such default:

          None.

     IN WITNESS WHEREOF, the undersigned has duly executed
this certificate on March 27, 1997.


                         FINGERHUT CORPORATION


                              /s/James M. Wehmann
                         --------------------------
                         Name:     James M. Wehmann
                         Title:    Treasurer
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##### 



1.
    
    the accompanying Quarterly Report on Form 10-Q of the Company for the quarterly period ended
September 30, 2007 (the Report), filed with the U.S. Securities and Exchange Commission,
fully complies with the requirements of Section 13(a) or 15(d) of the Securities and Exchange
Act of 1934, as amended; and
 2.
    
    the information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 Date: November 14, 2007
    /s/ ANTONIO B. MONAntonio B. MonChief Executive Officer 75
___________________________________________________________________________ 

1 

2 

3 

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5 

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7 

8 

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10 

11 

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14 

15 

16 

17 

18 

19 

20 

21 

22 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

IN RE BARD IVC FILTERS 

PRODUCTS LIABILITY LITIGATION 

This Document Relates to: 

Bonita Jean Wilde 

Civil Action No.: 2:17-cv-01525-DGC 

No. 2:15-MD-02641 -DGC 

ORDER 

IT IS ORDERED that the Unopposed Motion to Substitute Party and for Leave to File 

Amended Short Form Complaint is hereby GRANTED, and the Clerk of the Court is directed 

to file the Amended Short Form Complaint into the record in this matter. 

Signed this _____ day of ______________, 2018. 

 _______________________ 

 Honorable Judge David G. Campbell 

United States District Judge 

District of Arizona 

 

 

A copy of the foregoing was served to all registered counsel of record via the Court’s ECF system. Lead CoCounsel for Plaintiffs will serve any non-CM/ECF registered parties. 

Case 2:15-md-02641-DGC Document 9592-2 Filed 01/11/18 Page 1 of 1
<PAGE>   1
                                                                      EXHIBIT 23






                          INDEPENDENT AUDITORS' REPORT



We consent to the incorporation by reference in these Registration Statements
of The Company Doctor on Forms S-3, (333-21705 and 333-30977) and S-8 of our
report dated August 8, 1997 appearing in the annual report on Form 10-KSB of
The Company Doctor and Subsidiaries for the year ended June 30, 1997 and to the
reference to us under the heading "Experts" in the Prospectus, which is part of
these Registration Statements.


                                        Ehrhardt Keefe Steiner & Hottman PC
September 29, 1997
Denver, Colorado
#### STATE OF NEW JERSEY v. GREGORY M. DAVIS.

September 6, 1989.

Petition for certification denied.
<PAGE>
                                                                    EXHIBIT 99.1


                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER


         I, James E. Smith, Chairman of the Board and Chief Executive Officer of
Exchange National Bancshares, Inc. (the "Company"), do 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 Company's Quarterly Report on Form 10-Q for the quarterly
                  period ended June 30, 2002, which this certification
                  accompanies, 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 Company's Quarterly Report on
                  Form 10-Q for the quarterly period ended June 30, 2002, which
                  this certification accompanies, fairly presents, in all
                  material aspects, the financial condition and results of
                  operations of the Company.


Dated:  August 9, 2002.

                                      /s/ James E. Smith
                                      ------------------
                                      James E. Smith
                                      Chairman of the Board and Chief Executive
                                      Officer
<TABLE> <S> <C>

<ARTICLE>             5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
CONDENSED FINANCIAL STATEMENTS FOR THE THREE MONTHS ENDED SEPTEMBER 30, 1998 AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH STATEMENTS.
</LEGEND>
       
<S>                                 <C>
<PERIOD-TYPE>                                            3-MOS
<FISCAL-YEAR-END>                                        DEC-31-1998
<PERIOD-END>                                             SEP-30-1998
<CASH>                                                     2,585,013
<SECURITIES>                                                 200,500
<RECEIVABLES>                                                      0
<ALLOWANCES>                                                       0
<INVENTORY>                                                        0
<CURRENT-ASSETS>                                           2,892,483
<PP&E>                                                       384,360
<DEPRECIATION>                                               227,639
<TOTAL-ASSETS>                                             3,054,885
<CURRENT-LIABILITIES>                                        976,459
<BONDS>                                                      500,000
<PREFERRED-MANDATORY>                                              0
<PREFERRED>                                                      115
<COMMON>                                                     270,584
<OTHER-SE>                                                 1,578,426
<TOTAL-LIABILITY-AND-EQUITY>                               3,054,885
<SALES>                                                            0
<TOTAL-REVENUES>                                              32,450
<CGS>                                                              0
<TOTAL-COSTS>                                                      0
<OTHER-EXPENSES>                                           2,174,860
<LOSS-PROVISION>                                                   0
<INTEREST-EXPENSE>                                           175,662
<INCOME-PRETAX>                                           (2,142,410)
<INCOME-TAX>                                                       0
<INCOME-CONTINUING>                                       (2,142,410)
<DISCONTINUED>                                                     0
<EXTRAORDINARY>                                                    0
<CHANGES>                                                          0
<NET-INCOME>                                              (2,142,410)
<EPS-PRIMARY>                                                  (0.08)
<EPS-DILUTED>                                                  (0.08)
        

</TABLE>
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA

Joel Montoya, 

Plaintiff, 

v. 

The A Group, an Arizona corporation and 

Espiritu Community Development 

Corporation, an Arizona Nonprofit 

Corporation, 

Defendants.

No. CV-15-01760-PHX-NVW

ORDER 

 

 Before the Court is the parties’ Stipulated Request to Dismiss with Prejudice (Doc. 

34). Good cause appearing, 

 IT IS HEREBYORDERED granting the parties’ Stipulation (Doc. 34). 

 IT IS FURTHER ORDERED vacating the Final Pretrial Conference set for July 

20, 2016. 

 IT IS FURTHER ORDERED dismissing the above-captioned matter as to all 

Defendants, with prejudice, each side to bear their own costs and attorney’s fees. This is 

a final order and immediately appealable. 

 DATED this 21st day of June, 2016. 

 

Case 2:15-cv-01760-NVW Document 35 Filed 06/21/16 Page 1 of 1
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-6997
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JOSEPH E. PURCELL, JR., Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, Chief District Judge. (CR-94-320-JFM, CR-94-396-JFM, CA-97-1258-JFM) Submitted: November 18, 1997 Decided: December 9, 1997 Before WILLIAMS and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Joseph E. Purcell, Jr., Appellant Pro Se. Robert Reeves Harding, Assistant United States Attorney, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court's order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997). We have reviewed the record and the district court's opinion andfind no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Purcell , Nos. CR-94-320-JFM; CR-94-396-JFM;CA-97-1258-JFM (D. Md. July 1, 1997). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED