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

FOR THE 

DISTRICT OF ARIZONA

Barbara VanSciver,

Plaintiff,

v.

C. R. Bard, Inc.,

Defendant.

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

Civil Action No. CV-16-00386-PHX-DGC

WAIVER OF THE SERVICE OF SUMMONS

To: Lieff Cabraser Heimann and Bernstein

(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 2/12/2016, 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: February 19, 2016 /s/ Richard B. North, Jr.

Signature of the attorney or unrepresented party

C. R. Bard, Inc.

Printed name of party 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 863 Filed 02/19/16 Page 1 of 1
<PAGE>
                                                                     EXHIBIT 3.4

                            CERTIFICATE OF AMENDMENT
                                     OF THE
                          CERTIFICATE OF INCORPORATION
                                       OF
                           TECHNICAL OLYMPIC USA, INC.

         Pursuant to Section 242 of the General Corporation Law of the State of
Delaware, Technical Olympic USA, Inc., a Delaware corporation organized and
existing under the General Corporation Law of the State of Delaware (the
"Corporation"), DOES HEREBY CERTIFY:

         FIRST: That by written consent of the Board of Directors of the
Corporation, pursuant to Section 141(f) of the General Corporation Law of the
State of Delaware, resolutions were duly adopted setting forth a proposed
amendment to the Certificate of Incorporation of the Corporation declaring its
advisability and directing that this amendment be submitted for consideration by
the stockholders. The resolution is as follows:

                           RESOLVED, that the Board of Directors of the
                  Corporation deems it advisable and in the best interest of the
                  Corporation to increase the authorized common stock of the
                  Corporation, by amending the Certificate of Incorporation of
                  the Corporation as follows:

                  The first sentence of ARTICLE FOURTH is amended in its
                  entirety to read as follows:

                           "FOURTH: The total number of shares of capital stock
                  which the Corporation shall be authorized to issue is
                  100,000,000 shares, consisting of 97,000,000 shares of common
                  stock, $.01 per share ("Common Stock") and 3,000,000 shares of
                  preferred stock, $.01 per share ("Preferred Stock")."

         SECOND: That the aforesaid amendment was duly adopted in accordance
with the applicable provisions of Section 242 of the General Corporation Law of
the State of Delaware.

         IN WITNESS WHEREOF, this Certificate of Amendment of the Certificate of
Incorporation has been duly signed by the undersigned authorized officer of the
Corporation this 27th day of April, 2004.

                                    TECHNICAL OLYMPIC USA, INC.




                                    BY: /s/ PATRICIA M. PETERSEN
                                        ----------------------------------------
                                        PATRICIA M. PETERSEN, VICE PRESIDENT AND
                                         SECRETARY
<PAGE>



                                   EXHIBIT 11

                                FOTOBALL USA, INC
                        COMPUTATION OF EARNINGS PER SHARE
                   12 MONTHS ENDED DECEMBER 31, 2000 AND 1999



         BASIC SHARES CALCULATION:

         Reconciliation of weighted average number of shares outstanding to
amount used in basic earnings per share calculation:

<TABLE>
<CAPTION>
                                                                               2000                  1999
                                                                          ----------------     -----------------
<S>                                                                            <C>                   <C>
                 Weighted number shares outstanding                            3,576,472             3,011,044
                 Net income                                               $      179,271       $     2,646,066
                                                                          ----------------     -----------------
                 Basic Earnings per share                                 $          .05       $           .88
                                                                          ================     =================

         Reconciliation of weighted average number of shares outstanding to
amount used in diluted earnings per share computation:

                                                                               2000                  1999
                                                                          ----------------     -----------------
                 Weighted number shares outstanding                            3,576,472             3,011,044
                 Add-shares from assumed option exercise                         144,480               190,450
                                                                          ----------------     -----------------
                                                                               3,720,952             3,201,494
                 Net income                                               $      179,271       $     2,646,066
                                                                          ----------------     -----------------
                 Basic Earnings per share                                 $          .05       $           .83
                                                                          ================     =================
</TABLE>
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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Angel James Moreno, 

Petitioner, 

v. 

Charles L Ryan, et al., 

Respondents.

No. CV-15-01698-PHX-DLR

ORDER 

 Before the Court is Petitioner Angel James Moreno’s Amended Petition for Writ 

of Habeas Corpus and United States Magistrate Judge Michelle H. Burns’ Report and 

Recommendation (R&R). (Docs. 9, 18.) The R&R recommends that the Court deny the 

Petition. (Doc. 18 at 14.) The Magistrate Judge advised the parties that they had 

fourteen 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. (Id. at 14-15 (citing 

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

 Petitioner 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 wellCase 2:15-cv-01698-DLR Document 19 Filed 12/27/16 Page 1 of 2
- 2 - 

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taken. The Court will accept the R&R and deny the Petition. 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.”). 

IT IS ORDERED that Magistrate Judge Burns’ R&R, (Doc. 18), is ACCEPTED. 

Petitioner’s Amended Petition for Writ of Habeas Corpus, (Doc. 9), is DENIED and 

DISMISSED WITH PREJUDICE. 

IT IS FURTHER ORDERED that a Certificate of Appealability and leave to 

proceed in forma pauperis on appeal are DENIED because the dismissal of the Petition is 

justified by a plain procedural bar and reasonable jurists would not find the ruling 

debatable, and because Petitioner has not made a substantial showing of the denial of a 

constitutional right. 

IT IS FURTHER ORDERED that the Clerk of the Court shall terminate this 

case. 

 Dated this 27th day of December, 2016. 

Douglas L. Rayes 

United States District Judge 

Case 2:15-cv-01698-DLR Document 19 Filed 12/27/16 Page 2 of 2
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#### RHODA GROSSBARD v. PRESIDENT CONTAINER CO., ET AL.

May 16, 1989.

Petition for certification denied.
#### STATE OF NEW JERSEY v. RONALD ROBINSON.

September 19, 1989.

Petition for certification denied. (See 232 *N.J.Super.*21).
#### STATE OF NEW JERSEY v. BRIAN BRAXTON.

September 6, 1989.

Petition for certification denied.
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 1 WELLS FARGO BANK, N.A. , 2 Plaintiff-Appellee, 3
v. NO. 34,608 4 NADIA MONTOYA , 5 Defendant-Appellant. 6 and 7 PORFIRIO MONTOYA a/k/a 8 PORFIRIO J. MONTOYA and 9 TOSCANA AT CABEZON 10 HOMEOWNERS ASSOCIATION, 11 INC., 12 Defendants. 13 APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY 14 John F. Davis, District Judge 15 Joshua R. Simms, P.C. 16 Joshua R. Simms 17 Albuquerque, NM 18 for Appellant 19 McCarthy & Holthus, LLP 20 Jeannette M. Whittaker 212 Andrew Yarrington 1 Albuquerque, NM 2 for Appellee 3
MEMORANDUM OPINION 4 VIGIL, Judge. 5 {1} Summary affirmance was proposed for the reasons stated in the notice of 6 proposed summary disposition. No memorandum opposing summary affirmance has 7 been filed and the time for doing so has expired. 8 {2} AFFIRMED. 9 {3} IT IS SO ORDERED. 10

_______________________________ 11 MICHAEL E. VIGIL, Chief Judge 12
WE CONCUR: 13

___________________________________ 14 JAMES J. WECHSLER, Judge 15

_________________________________ 16 TIMOTHY L. GARCIA, Judge 17
**
**EXHIBIT 31.1**

**Certification**

I, ElissaSteinberg, certify that: 

 
1.
I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Citibank Credit Card Issuance Trust (the “Exchange Act periodic reports”);

 
2.
Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do not contain any untrue statementof 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, all of the distribution, servicing and other information required to be provided on Form10-D with respect to the period covered by this report is included in the Exchange Act periodic reports; 

 
4.
Based on my knowledge and the servicer compliance statement required in this report under Item 1123 ofRegulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement in all material respects; and 

 
5.
All of the reports on assessment of compliance with servicing criteria for asset-backed securities and theirrelated attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules13a-18 and 15d-18 have been included as exhibits to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described in suchreports have been disclosed in this report on Form 10-K.

In giving the certifications above, Ihave reasonably relied on information provided to me by the following unaffiliated party: Deutsche Bank Trust Company Americas. 

Date: March 27, 2024 

 

/s/ Elissa Steinberg
Name: Elissa SteinbergTitle: Vice President, Citibank, N.A.(senior officer in charge of securitization of the depositor)**
<PAGE>   1
                                                                   EXHIBIT 10.77


STATE OF ALABAMA    )

JEFFERSON COUNTY    )


                     AMENDMENT TO 1994 STOCK INCENTIVE PLAN
                         OF CAPSTONE CAPITAL CORPORATION
                     (FORMERLY CRESCENT CAPITAL TRUST, INC.)


         The Capstone Capital Corporation 1994 Stock Incentive Plan, which plan
was adopted by the Board of Directors of Capstone Capital Corporation on
February 6, 1997, and approved by the Shareholders of Capstone Capital
Corporation on May 1, 1997 (the "Plan"), is hereby amended as follows:

1.  Section 3(a) of the Plan shall be deleted in its entirety and there shall be
substituted in lieu thereof the following:

                  "(a) Subject to the provisions of Section 3(c) and Section 12
         of the Plan, the aggregate number of shares of Common Stock that may be
         issued or transferred or exercised pursuant to Incentive Stock Awards
         under the Plan will not exceed the greater of: (i) seven percent (7%)
         of the Company's outstanding Common Stock, or (ii) one million seven
         hundred fifty thousand (1,750,000) shares of Common Stock."

2.  Section 14(d) of the Plan shall be deleted in its entirety and there shall
be substituted in lieu thereof the following:

                  "(d) An Option held by a person who was an Eligible Person at
         the time such Option was granted will expire immediately if and when
         the Participant ceases to be an Eligible Person, except as follows:

                       "(i) If the employment of a Participant or the service of
         an Outside Director is terminated for any reason whatsoever, either
         voluntarily or involuntarily, with or without cause, other than death
         or disability, then the Options of the Participant will expire ninety
         (90) days thereafter unless by their terms they expire sooner. During
         said period, the Options may be exercised in accordance with their
         terms, but only to the extent exercisable on the date of termination of
         employment.


<PAGE>   2

                       "(ii) If the Participant dies or becomes permanently and
                  totally disabled while employed by the Company, the Options of
                  the Participant will expire one year after the date of death
                  or permanent and total disability, unless by their terms they
                  expire sooner. During said period, the Options may be
                  exercised by the Participant or his or her legal
                  representative in the event of death, in accordance with their
                  terms, but only to the extent exercisable on the date of
                  termination of employment."

3.  Except as set forth in Paragraphs 1 and 2 above, all other provisions of the
Plan shall remain unchanged.

4.  The changes set forth in this Amendment shall be and hereby are incorporated
in the Capstone Capital Corporation 1994 Stock Incentive Plan.



Date amendment adopted by Board of Directors: February 6, 1997
Date amendment adopted by Shareholders: May 1, 1997
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