alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Robert Pacella, Appellant, v Whiteman Osterman & Hanna, Respondent.

[787 NYS2d 665]

In an action, inter alia, to recover damages for legal malpractice, the plaintiff appeals (1), as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Phelan, J.), entered June 16, 2003, as granted that branch of the defendant’s motion which was to dismiss the first cause of action pursuant to CPLR 3211 (a) (1), and (2) from an order of the same court entered December 19, 2003, which denied his motion, in effect, for reargument.

Ordered that the appeal from the order entered December 19, 2003, is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order entered June 16, 2003, is affirmed; and it is further,

Ordered that one bill of costs is awarded to the defendant.

The Supreme Court properly granted that branch of the defendant’s motion which was to dismiss the first cause of action to recover damages for legal malpractice based upon documentary evidence that conclusively established a defense to the action *(see*CPLR 3211 [a] [1]; *Leon v Martinez,*84 NY2d 83 [1994]). The defendant submitted the transcript of the court proceedings memorializing the terms of the stipulation of settlement of the underlying litigation, in which the defendant represented the plaintiff, which contradicted the claim of mal*546practice *(see Laruccia v Forchelli, Curto, Schwartz, Mineo, Carlino & Cohn,*295 AD2d 321 [2002]; *Schwarz v Shapiro,*202 AD2d 187 [1994]).

The denial of the motion, in effect, for reargument, is not appealable *(see Amsler v Verrilli,*203 AD2d 403, 404 [1994]; *Matter of James v Rodriguez,*193 AD2d 990 [1993]; *Morgan v Morgan Manhattan Stor. Co.,*184 AD2d 366 [1992]; *Northern Assur. Co. of Am. v Holden,*179 AD2d 569 [1992]; *Chiarella v Quitoni,*178 AD2d 502 [1991]).

The plaintiff’s remaining contentions are without merit. Florio, J.P., Krausman, Goldstein and Mastro, JJ., concur.
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Gary P. Danos,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

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

Civil Action No. CV-17-03854-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 9065 Filed 12/01/17 Page 1 of 1
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Robert R. Blaise,

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-17-03538-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: December 8, 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 9371 Filed 12/15/17 Page 1 of 1
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2196 Introduced in Senate (IS)]

  2d Session
                                 S. 2196

    To amend title 38, United States Code, to clarify that per diem 
payments by the Department of Veterans Affairs for the care of veterans 
in State homes shall not be used to offset payments that are made under 
      the medicaid program for the purpose of assisting veterans.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 11, 2004

 Mr. Campbell (for himself, Ms. Collins, and Ms. Snowe) introduced the 
     following bill; which was referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
    To amend title 38, United States Code, to clarify that per diem 
payments by the Department of Veterans Affairs for the care of veterans 
in State homes shall not be used to offset payments that are made under 
      the medicaid program for the purpose of assisting veterans.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TREATMENT UNDER MEDICAID PROGRAM OF DEPARTMENT OF VETERANS 
              AFFAIRS PER DIEM PAYMENTS TO STATE HOMES FOR VETERANS.

    Section 1741 of title 38, United States Code, is amended by adding 
at the end the following new subsection:
    ``(e) Payments to States pursuant to this section shall not be 
considered a liability of a third party for any purpose under section 
1902(a)(25) of the Social Security Act (42 U.S.C. 1396a(25)).''.
                                 <all>
```
#### STATE OF NEW JERSEY v. MIGUEL MELENDEZ.

July 11, 1989.

Petition for certification denied.
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Tymese Williams,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

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

Civil Action No. CV-17-04783-PHX-DGC

WAIVER OF THE SERVICE OF SUMMONS

To: Miller Firm 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 12/29/2017, 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: January 5, 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 9599 Filed 01/11/18 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 9599 Filed 01/11/18 Page 2 of 2
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Dixie Dee Ruiz,

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-17-04245-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 9048 Filed 12/01/17 Page 1 of 1
#### CHARLES ROY CASPER v. ATLANTIC CITY ELECTRIC CO.

May 24, 1984.

Petition for certification denied.
[Federal Register Volume 79, Number 199 (Wednesday, October 15, 2014)]
[Notices]
[Page 61925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24523]



[[Page 61925]]

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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration #14154 and #14155]


New Mexico Disaster #NM-00046

AGENCY: U.S. Small Business Administration.

ACTION: Notice.

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

SUMMARY: This is a Notice of the Presidential declaration of a major 
disaster for Public Assistance Only for the State of New Mexico (FEMA-
4197-DR), dated 10/06/2014.
    Incident: Severe Storms and Flooding.
    Incident Period: 07/27/2014 through 08/05/2014.
    Effective Date: 10/06/2014.
    Physical Loan Application Deadline Date: 12/05/2014.
    Economic Injury (EIDL) Loan Application Deadline Date: 07/06/2015.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of 
the President's major disaster declaration on 10/06/2014, Private Non-
Profit organizations that provide essential services of governmental 
nature may file disaster loan applications at the address listed above 
or other locally announced locations.
    The following areas have been determined to be adversely affected 
by the disaster:

Primary Counties: Guadalupe, Rio Arriba, San Miguel, and the Pueblo of 
Acoma.

    The Interest Rates are:

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
For Physical Damage:
  Non-Profit Organizations With Credit Available Elsewhere...      2.625
  Non-Profit Organizations Without Credit Available Elsewhere      2.625
For Economic Injury:
  Non-Profit Organizations Without Credit Available Elsewhere      2.625
------------------------------------------------------------------------

    The number assigned to this disaster for physical damage is 14154B 
and for economic injury is 14155B.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

James E. Rivera,
Associate Administrator for Disaster Assistance.
[FR Doc. 2014-24523 Filed 10-14-14; 8:45 am]
BILLING CODE 8025-01-P
<PAGE>   1






                                  EXHIBIT 23.1


                              ACCOUNTANTS' CONSENT



<PAGE>   2

                              ACCOUNTANTS' CONSENT





The Board of Directors
BankAtlantic Bancorp, Inc.:

         We consent to incorporation by reference in the registration statement
on:

      FORM        REGISTRATION STATEMENT NUMBERS
      ----        ------------------------------

      S-3    333-72283; 333-38799; 333-24571; 333-23771; 333-05287;333-93139;

      S-8    333-73047; 333-68871; 333-58753; 333-57893; 333-56823;
             333-08025; 33-89378;333-87315; 333-82489

of BankAtlantic Bancorp, Inc. of our report dated January 20, 2000, relating to
the Consolidated Statements of Financial Condition of BankAtlantic Bancorp, Inc.
( and subsidiaries) as of December 31, 1999, and 1998, and the related
Consolidated Statements of Operations, Stockholders' Equity and Comprehensive
Income, and Cash Flows for each of the years in the three-year period ended
December 31, 1999, which report appears in the December 31, 1999, annual report
on Form 10-K of BankAtlantic Bancorp, Inc.



                                         /s/KPMG LLP


Ft. Lauderdale, Florida
March 27, 2000
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

IN RE BARD IVC FILTERS PRODUCTS )

LIABILITY LITIGATION, )

)

THIS DOCUMENT RELATES TO: ) MDL Docket No. 15-2641

)

2:17-cv-04459-DGC )

___________________________________ )

)

RICHARD N. WHITE, Individually and as )

Personal Representative of the Estate of )

DONNA M. WHITE, Deceased, )

)

Plaintiff, )

)

v. )

)

C. R. BARD, INC., et al., )

)

Defendants. )

NOTICE OF APPEARANCE

TO: The Clerk of the Court and all parties of record:

We are admitted or otherwise authorized to practice in this court and we appear in this 

case as counsel for plaintiff, Ernest Singleton.

Dated: 12/04/2017 Respectfully submitted,

By: /s/Thomas P. Cartmell 

Thomas P. Cartmell (MO Bar No. 45366 )

 (admitted pro hac vice)

Wagstaff & Cartmell, LLP

4740 Grand Ave., Suite 300

Kansas City, MO 64112

(816) 701-1100

(816) 531-2372 (fax)

By: /s/David C. DeGreeff 

David C. DeGreeff (MO Bar No. 55019)

Case 2:15-md-02641-DGC Document 9078 Filed 12/04/17 Page 1 of 2
 (admitted pro hac vice)

Wagstaff & Cartmell, LLP

4740 Grand Ave., Suite 300

Kansas City, MO 64112

(816) 701-1100

(816) 531-2372 (fax)

ddegreeff@wcllp.com

Attorneys for Plaintiff

I hereby certify that on this 4th day of December, 2017, I electronically 

transmitted the attached document to the Clerk’s Office using the CM/ECF System for 

filing and transmittal of a Notice of Electronic Filing.

/s/ David C. DeGreeff

Case 2:15-md-02641-DGC Document 9078 Filed 12/04/17 Page 2 of 2
Order filed February 28, 20 12

.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 12

- 00 121

- CV

____________ AGBOLADE O. ODU T A Y O , Appellant

V.
JASPER EMERGENCY MEDICINE ASSOCIATES, P.A. and THE SCHUMACHER GROUP OF TEXAS, INC., Appellee s

On Appeal from the 55th District Court Harris County, Texas Trial Court Cause No. 2011

- 01829



### O R D E R
This is an appeal from two orders granting summary judgment

. The clerk ’ s record
was filed February 22, 2012

. The record contains the interlocutory summary judgment granted in favor of Jasper Emergency Medicine Associates, P.A., signed August 1, 2011.
Our review has determined that the clerk's record does not contain the order granting the motion for summary jud gment filed by The Schumacher Group of Texas, Inc., which was reportedly signed on January 5, 2012

.
The Harris County District Clerk is directed to file a supplemental clerk ’ s record on
or before March 15 , 20 12 , containing the order granting the motion for summary2

judgment filed by The Schumacher Group of Texas, Inc., signed on or about January 5,
2012. See Tex. R. App . P. 34.5(c).
If the omitted item is not part of the case file, the district clerk is directed to file a supplemental clerk ’ s record containing a certified statement that the omitted item is not a part of the case file.

PER CURIAM
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Albert A. Noa,

Plaintiff,

v.

C. R. Bard, Inc., et al.,

Defendant.

)

)

)

)

)

)

)

)

)

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

Civil Action No. CV-16-00470-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: February 25, 2016 /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 903 Filed 02/29/16 Page 1 of 1
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Sandra T. Mock,

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-17-04115-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 9003 Filed 11/30/17 Page 1 of 1
|Exhibit 32
|----------

CERTIFICATION OFCHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

This certification is given by the undersigned Chief Executive Officer and Chief Financial Officer of Venture Financial Group, Inc. (the "Registrant") pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. Each of the undersigned hereby certifies, with respect to the Registrant's quarterly report of Form 10-Q for the quarter ended March 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), 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 Registrant.



|
|



|/s/ Ken F. Parsons, Sr.Ken F. Parsons, Sr.Chief Executive Officer and Chairman of the Board(principal executive officer)
|------------------------------------------------------------------------------------------------------------------------



|/s/ Sandra L. SagerSandra L. Sager, CPAExecutive Vice President and Chief Financial Officer(principal financial officer and principal accounting officer)
|---------------------------------------------------------------------------------------------------------------------------------------------------------



|May 14, 2008
|------------

31

---
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Raymond C.G. Fox III,

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-17-03770-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 9168 Filed 12/06/17 Page 1 of 1