alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**EXHIBIT 23**

 

INDEPENDENT AUDITORS CONSENT

 

Weconsent to the incorporation by reference of our report dated January 10, 2003on our audits of the consolidated financial statements of Heritage Oaks Bancorpand Subsidiaries as of December 31, 2002 and 2001, and for each of the threeyears in the period ended December 31, 2002, appearing in this Annual Report onForm 10-KSB.

 

 
| /s/ Vavrinek, Trine, Day & Co., LLP |   |
|-----------------------------------------|--------|
|                                    |
| Rancho Cucamonga, California            |
| March 13, 2003                          |

 

----
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Eddie M. Butts,

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-17-03703-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 9056 Filed 12/01/17 Page 1 of 1
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Marvin Livesay,

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-17-04534-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 20, 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 9461 Filed 12/28/17 Page 1 of 1
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CERTIFICATIONS
      PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002




Exhibit
      32.2




**CERTIFICATIONS
      PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**


**(18
      U.S.C. SECTION 1350)**




In
      connection with the Annual Report of Trimax Corporation., a Nevada corporation
      (the “Company”), on Form 10-KSB/A for the fiscal year ended September 30, 2006,
      as filed with the Securities and Exchange Commission (the “Report”), Robert
      Vivacqua, Acting Chief Financial Officer of the Company do hereby certify,
      pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350), that to
      his knowledge:




(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 result of operations of the Company.




By:
            /s/
                Robert VivacquaName:
            Robert
                VivacquaTitle:
            Chief
                Financial OfficerDate:
            January
                24, 2007




[A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Trimax Corporation. and will be retained by Trimax Corporation and furnished
      to
      the Securities and Exchange Commission or its staff upon request.]
**Exhibit99.1**

 

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

 

In connection with the Quarterly Report of FreshChoice, Inc. (the “Company”) on Form 10-Q for the quarter ended March 23, 2003,as filed with the Securities and Exchange Commission on the date hereof (the“Report”), I, Everett F. Jefferson, President and Chief Executive Officer ofthe Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002 (“Section 906”), that:

 

(1)           TheReport fully complies with the requirements of section 13(a) of the SecuritiesExchange Act of 1934 (15 U.S.C. 78m); and

 

(2)           Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 
| April 29, 2003 |                                  |
|----------------|---------------------------------------|
|           | /s/ Everett F. Jefferson              |   |
|           | Everett F. Jefferson                  |
|           | President and Chief Executive Officer |

 

*A signedoriginal of this written statement required by Section 906 has been provided tothe Company and will be retained by the Company and furnished to the Securitiesand Exchange Commission or its staff upon request.*

 

----
#### Manna Fuel Oil *Corp.,*Appellant, v Paul R. Ades, Respondent.

[789 NYS2d 288]

In an action, inter alia, to recover damages for legal malpractice, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Emerson, J.), dated May 7, 2003, which granted the defendant’s motion, inter alia, for summary judgment dismissing the complaint and denied its cross motion for summary judgment on the issue of liability and to impose a sanction.

Ordered that the order is affirmed, with costs.

A plaintiff claiming legal malpractice must demonstrate proof of negligence, that the negligence was the proximate cause of the harm suffered by the plaintiff, and actual damages *(see Allen v Potruch,*282 AD2d 484 [2001]; *Mills Real Estate Holding Corp. v Birbrower, Montalbano, Condon & Frank,*274 AD2d 505 [2000]; *Rau v Borenkoff,*262 AD2d 388 [1999]; *Lauer v Rapp,*190 AD2d 778 [1993]; *Murphy v Stein,*156 AD2d 546 [1989]). Here, after the defendant made out a prima facie case for summary judgment, the plaintiff failed to demonstrate the existence of a triable issue of fact that the defendant breached a duty to it, and that even if there was such a breach, that it was the proximate cause of damages incurred by the plaintiff. Consequently, the Supreme Court properly granted that branch of the defendant’s motion which was for summary judgment dismissing the cause of action to recover damages for legal malpractice *(see Mills Real Estate Holding Corp. v Birbrower, Montalbano, Condon & Frank, supra).*

The Supreme Court also properly granted that branch of the defendant’s motion which was for summary judgment dismissing the cause of action alleging a violation of Judiciary Law § 487. In opposition to the defendant’s prima facie showing of entitlement to summary judgment, the plaintiff failed to raise a *667triable issue of fact as to the elements of fraud as a predicate to its claim of a violation of that section, nor did the alleged wrongdoing take place in the context of a legal proceeding *(see Beshara v Little,*215 AD2d 823 [1995]; *Michalic v Klat,*128 AD2d 505 [1987]; *Di Prima v Di Prima,*111 AD2d 901 [1985]).

The plaintiff’s remaining contentions are without merit. Schmidt, J.P., Adams, Cozier and S. Miller, JJ., concur.
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Yvonne Holmes,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

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

Civil Action No. CV-17-04394-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 1/23/2018, 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: February 1, 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 9965 Filed 02/05/18 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 9965 Filed 02/05/18 Page 2 of 2
#### Chinn *v.*Russell, in Error.

*Tuesday, May*13.

THE defendant in replevin avowed the taking of the goods, by virtue of his office as sheriff, on an execution against a third person to whom they belonged. The plaintiff pleaded property in himself. *The jury found that some of the*goods were the plaintiff’s, and that some were not his. Judgment on the Verdict, and that each party should recover his costs. Held, that, as each party had succeeded, each was entitled to costs; and that the judgment was right. *Powell*v. Hinsdale, 5 Mass» 343.
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 20
- 0037 STATE OF MONTANA,

Plaintiff and Appellee, v. DALE STEVEN MARTELL,

Defendant and Appellant
.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including January 15, 2021 , within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

December 9 2020

12/09/2020

Case Number: DA 20-0037
##### 



EXHIBIT 32.1 CERTIFICATION OF PERIODIC REPORT,
PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 For purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, in connection with the Annual Report of
Quovadx, Inc. (the Registrant) on Form 10-K/A for the period ended December
31, 2003, as filed with the Securities and Exchange Commission (the
Commission) on the date hereof (the Report), the undersigned Acting
President and Chief Executive Officer of the Registrant hereby certifies, to
the best of his knowledge and belief, that:  1.
    
    The Report fully complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934, as amended; and2.
    
    The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the
Registrant. /s/ Harvey A. WagnerHarvey A. WagnerActing President and Chief Executive Officer(Principal Executive Officer)
 August
16, 2004
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UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Jean Nguyen,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

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

Civil Action No. CV-18-00232-PHX-DGC

WAIVER OF THE SERVICE OF SUMMONS

To: Flint Law 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 1/23/2018, 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 24, 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 9806 Filed 01/25/18 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 9806 Filed 01/25/18 Page 2 of 2
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Department of the Interior Bureau of Indian Affairs 25 CFR Parts 81 and 82
[BIA-2014-0006; K00103 12/13 A3A10; 134D0102DR-DS5A300000-DR.5A311.IA000113]
RIN 1076-AE93
 AGENCY: Bureau of Indian Affairs, Interior.
 ACTION: Notice of tribal consultation meetings.
 SUMMARY: This document announces tribal consultation meetings on the proposed rule amending regulations governing Secretarial elections and petitioning procedures.
 DATES: See the 
                        **SUPPLEMENTARY INFORMATION**
                         section of this document for dates  of the tribal consultation meetings.
 ADDRESSES: See the 
                        **SUPPLEMENTARY INFORMATION**
                         section of this document for addresses of the tribal consultation meetings.
 FOR FURTHER INFORMATION CONTACT: Ms. Laurel Iron Cloud, Chief, Division  of Tribal Government Services, Central Office, Bureau of Indian Affairs at telephone  (202) 513-7641. Individuals who use a telecommunications device for the deaf (TDD) may  call the Federal Information Relay Service at 1 (800) 877-8339 between 8 a.m. and 4 p.m. Monday through Friday, excluding Federal holidays.


SUPPLEMENTARY INFORMATION: On October 9, 2014, we published a proposed rule amending 25 CFR parts 81 (Secretarial Elections) and 82 (Petitioning Procedures), combining them into one Code of Federal Regulations part at 25 CFR part 81. 
                    *See*79 FR 61021. The proposed rule is available at: 
                    *http://www.bia.gov/​WhoWeAre/​AS-IA/​ORM/​SecElections/​index.htm.* We will be hosting the following tribal consultations sessions on this proposed rule: Date
Time
Location
VenueSunday, October 26, 2014
1:00 p.m.-4:00 p.m. (Local time)
Atlanta, GA
National Congress of American Indians (NCAI) Annual Convention, Hyatt Regency Atlanta, 265 Peachtree St. NE., Atlanta, GA 30303.Tuesday, November 18, 2014
8:30 a.m.-12:00 p.m. (Local time)
Oklahoma City, OK
Embassy Suites Oklahoma City Airport, 1815 S. Meridian Ave., Oklahoma City, OK 73108.( print page 62588)Thursday, November 20, 2014
8:30 a.m.-12:00 p.m. (Local time)
Rocklin, CA
Whitney Oaks Golf Club, 2305 Clubhouse Drive, Rocklin, CA 95765.
 Dated: October 15, 2014. Lawrence Roberts, Principal Deputy Assistant Secretary—Indian Affairs.


[FR Doc. 2014-24906 Filed 10-17-14; 8:45 am] BILLING CODE 4310-4J-P