alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court of Appeals **For the Eighth Circuit**

___________________________ No. 13-3764

___________________________ James E. Butler lllllllllllllllllllll Plaintiff - Appellant v. Connie Hubbard, APN, Varner Unit, ADC ; Jacqueline Carswell, APN, Varner Unit, ADC; Massey, Dr., Varner Unit, ADC; Anderson, Dr., Varner Unit, ADC; Estella Murray, Nurse Practitioner, Cummins Unit, ADC; Corizon lllllllllllllllllllll Defendants - Appellees

____________ Appeal from United States District Court for the Eastern District of Arkansas - Pine Bluff

____________ Submitted: July 24, 2014 Filed: July 25, 2014 [Unpublished]

____________ Before MURPHY, BOWMAN, and BENTON, Circuit Judges.

____________ PER CURIAM.Arkansas inmate James E. Butle r appeals the district court’s 1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action. Upon de novo review, this court finds thatButler fell short of establishing a jury issue of deliberate indifference on the part of Corizon or advanced nurse practitioners Connie Hubbard and Estella Murray. 2 See Mason v. Corr. Med. Servs., Inc. , 559 F.3d 880, 884-85 (8th Cir. 2009) (standard of review); Frevert v. Ford Motor Co. , 614 F.3d 466, 473-74 (8th Cir. 2010) (nonmoving part y must substantiate allegations with sufficient probative evidence that w ould allow finding in his favor); Popoalii v. Corr. Med. Servs. , 512 F.3d 488, 499 (8th Cir. 2008) (deliberate indifference, which is akin to criminal negligence, requires more than negligent misconduct); CrumpleyPatterson v. Trinity Lutheran Hosp. , 388 F.3d 588, 590-91 (8th Cir. 2004) (corporate liability under § 1983). The judgment is affirmed.

______________________________

1 The Honorable J. Leon Holmes, United St ates District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Jerome T. Kearney, United States Magistrate Judge for the Eastern District of Arkansas. 2 Butler waived his claims against the other medical professionals he named. See Freitas v. Wells Fargo Home Mortg., Inc. , 703 F.3d 436, 438 n.3 (8th Cir. 2013). -2-
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 217 Introduced in Senate (IS)]

108th CONGRESS
  1st Session
                                 S. 217

  To reinstate felony penalties for licensed gun dealers who fail to 
                       maintain records of sales.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 23, 2003

 Mrs. Boxer (for herself and Mr. Lautenberg) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL

 
  To reinstate felony penalties for licensed gun dealers who fail to 
                       maintain records of sales.

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

SECTION 1. REINSTATEMENT OF CRIMINAL FELONY PENALTIES FOR FAILURE TO 
              MAINTAIN RECORDS OF FIREARMS SALES.

    Section 924(a)(3) of title 18, United States Code, is amended by 
striking ``one year'' and inserting ``5 years''.
                                 <all>
```
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UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Bradley Simmons,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

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

Civil Action No. CV-17-04407-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 9973 Filed 02/06/18 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 9973 Filed 02/06/18 Page 2 of 2
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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

Plaintiff, 

v. 

Lonnie Ray Swartz, 

Defendant. 

No. CR-15-01723-001-TUC-RCC (DTF) 

JUDGMENT OF ACQUITTAL 

 A jury trial having been held on the lesser included charges in the Indictment filed 

herein and presented against the above-named defendant charging violations of Title 18 

U.S.C. §1112, Voluntary Manslaughter and Involuntary Manslaughter, and a verdict of Not 

Guilty having been returned as to the lesser included charge of Involuntary Manslaughter; 

IT IS ORDERED the defendant, Lonnie Ray Swartz, is ACQUITTED, discharged 

from pretrial supervision and the personal appearance bond exonerated. 

IT IS FURTHER ORDERED the Clerk shall close the case as follows: The 

defendant was found Not Guilty to the charge of Second Degree Murder as charged in the 

Indictment on April 23, 2018. The defendant was found Not Guilty to the lesser included 

charge in the Indictment of Involuntary Manslaughter on November 21, 2018. The lesser 

included charge in the Indictment of Voluntary Manslaughter is terminated. 

 Dated this 14th day of December 2018. 

Case 4:15-cr-01723-RCC-DTF Document 659 Filed 12/17/18 Page 1 of 1
**Exhibit 31.1**

**CERTIFICATION**

I, Robert H. Mullen, certify that: 

1. I have reviewed this Quarterly Report on Form 10-Q of The Newark Group, Inc.; 

2. Based on my knowledge, this reportdoes not contain any untrue statement of 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 coveredby this report; 

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in allmaterial respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 

4.The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; 

(b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

(c) Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’sboard of directors (or persons performing the equivalent functions): 

(a) All significant deficiencies and material weaknesses in the designor operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

(b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal controlover financial reporting. 

Date: March 16, 2006 

 

A signed original of this written statement required by Section 302 has been provided to the Companyand will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
#### Catherine Spearman et al *v.*John R. Page et al.

Fraudulent Conveyance — Participation by Vendees.

In the absence of proof of knowledge of or participation in a conveyance of land by a defendant, by the vendees, held, not to constitute a fraud upon any creditor, especially where no proof is offered as to ■the insolvency of the defendant at the time of the transfer.

APPEAL EROM CLINTON CIRCUIT COURT.

December 15, 1868.

*Winfrey, for appellants.*

Opinion oe the Court by

Judge Robertson:

Waiving tbe want of legal service on tbe infants which was not cured by tbe irregular appointment and answer of a guardian *ad*litem, tbe judgment must be reversed on tbe merits.

There is no proof of Kitty Gabbard’s insolvency when she conveyed tbe land to Mrs. Spearman and her two infant children.

Desirous to sell before her removal, she offered tbe land to Luttrel, who refused to buy, at tbe same price given afterwards by Mrs. Spearman who paid tbe consideration of $100 when tbe conveyance was made. We cannot therefore see sufficient evidence of an intent by Kitty Gabbard to defraud any creditor imputed to her in tbe petition, and denied, in tbe answers. But even if she was actuated by such motive there is no proof of a knowledge of it, or any participation in it by tbe vendees.

Wherefore tbe judgment for selling tbe land conveyed is reversed, and tbe cause remanded with instructions to dismiss the petition against tbe appellants.
Exhibit 99.1
                                  CERTIFICATION

                                       OF

               CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER


I, C.E. RICK STRATTAN, certify that:

1. I have  reviewed  Amendment No. 1 of this annual report on Form 10-KSB of CTD
HOLDINGS, INC.;

2.  Based on my  knowledge,  this  annual  report  does not  contain  any untrue
statement of 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 annual
report;

3.  Based  on my  knowledge,  the  financial  statements,  and  other  financial
information  included  in this annual  report,  fairly  present in all  material
respects the financial  condition,  results of operations  and cash flows of the
registrant as of, and for, the periods presented in this annual report;

4. I am responsible for  establishing  and maintaining  disclosure  controls and
procedures  (as  defined  in  Exchange  Act Rules  13a-14  and  15d-14)  for the
registrant and have:

     a) designed such disclosure controls and procedures to ensure that material
     information   relating  to  the  registrant,   including  its  consolidated
     subsidiaries,  is  made  known  to  me by  others  within  those  entities,
     particularly  during  the  period  in which  this  annual  report  is being
     prepared;

     b) evaluated the effectiveness of the registrant's  disclosure controls and
     procedures  as of a date  within 90 days prior to the  filing  date of this
     annual report (the "Evaluation Date"); and

     c) presented in this annual report my conclusions  about the  effectiveness
     of the disclosure  controls and procedures based on my evaluation as of the
     Evaluation Date;

5. I have disclosed,  based on my most recent  evaluation,  to the  registrant's
auditors and the audit committee of registrant's  board of directors (or persons
performing the equivalent functions):

     a) all  significant  deficiencies  in the design or  operation  of internal
     controls which could adversely affect the  registrant's  ability to record,
     process,  summarize and report  financial data and have  identified for the
     registrant's auditors any material weaknesses in internal controls; and

     b) any fraud,  whether or not material,  that involves  management or other
     employees  who  have  a  significant  role  in  the  registrant's  internal
     controls; and

6. I have indicated in this annual report whether there were significant changes
in  internal  controls  or in other  factors  that  could  significantly  affect
internal  controls  subsequent  to the  date  of  our  most  recent  evaluation,
including any  corrective  actions with regard to significant  deficiencies  and
material weaknesses.

Date: August 19, 2004

/s/  C.E. RICK STRATTAN
------------------------------------------
C.E. RICK STRATTAN
Chief Executive Officer
Chief Financial Officer
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Jessica C. Clark,

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-17-04392-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: January 12, 2018 /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 9683 Filed 01/16/18 Page 1 of 1
#### STATE OF NEW JERSEY v. JOHN C. MCDOUGALL.

May 8, 1989.

Petition for certification denied.
**Exhibit
31.1**
 **CERTIFICATIONS**
 
 I,
Lawrence P. Ward, Chief Executive Officer, certify that:
 
 1.
    I
      have reviewed this annual report on Form 10-KSB of Heritage Oaks
      Bancorp;
 
 2.
    Based
      on my knowledge, this report does not contain any untrue statement of 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, the financial statements, and other financial information
      included in this report, fairly present in all material respects the
      financial condition, results of operations and cash flows of the
      registrant as of, and for, the periods presented in this
      report;
 
 4.
    The
      registrant’s other certifying officer and I are responsible for
      establishing and maintaining disclosure controls and procedures (as
      defined in Exchange Act Rules 13a-15(c) and 15d) for the registrant and we
      have:
 
 a)
Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision,
 to ensure
that material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this quarterly report is being prepared;
 
 b)
Intentionally Left Blank
 
 c)
Evaluated the effectiveness of the registrant’s disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and
 
 d)
Disclosed in this report any change in the registrant’s internal control over
financial reporting that occurred during the registrant’s most recent fiscal
quarter (the registrant’s fourth fiscal quarter in the case of an annual report)
that has materially affected, or is reasonably likely to materially affect, the
registrant’s internal control over financial reporting; and
 
 5.
    The
      registrant’s other certifying officer and I have disclosed, based on our
      most recent evaluation of internal controls over financial reporting, to
      the registrant’s auditors and audit committee of the registrant’s board of
      directors (or persons performing the equivalent
  function);
 
 a) all
significant deficiencies and material weaknesses in the design or operation of
internal controls over financial reporting which are reasonably likely to
adversely affect the registrant’s ability to record, process, summarize and
report financial information; and
 
 b) any
fraud, whether or not material, that involves management or other employees who
have a significant role in the registrant’s internal control over financial
reporting.
 Date: May 19,
      2005
    
    /s/ Lawrence P. WardLawrence P. WardChief Executive
  Officer