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

FOR THE 

DISTRICT OF ARIZONA

Carla Mewborn,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

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

Civil Action No. CV-17-04359-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 9977 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 9977 Filed 02/06/18 Page 2 of 2
DISTRICT JUDGE'S MINUTES 

IN THE UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA – TUCSON 

U.S. District Judge: Raner C. Collins Date: April 16, 2018 

USA v. Lonnie Ray Swartz Case Number: CR-15-01723-001-TUC-RCC (DTF)

Assistant U.S. Attorney: Wallace Kleindienst/Mary Sue Feldmeier 

Attorney for Defendant: Sean Chapman/Jaime Calle, Retained 

Deputy Clerk: Sherry Gammon 

Court Reporter: Candy Potter 

Spanish Interpreter for victim’s family: Sandy Frady 

Spanish Interpreter for Spanish speaking witness: Juan Radillo and Clark Feaster 

Defendant: ☒ Present ☐ Not Present ☒ Released ☐ Custody ☐ Summons ☐ Writ 

JURY TRIAL – Day 16 

9:16 a.m. - In absence of the jury and the public, counsel and the Court discuss jury instructions and 

alternate jurors. 

The Court recesses at 9:37 a.m. 

The jury enters at 10:03 a.m. 

Defense exhibit 1553, stipulation re: August 19, 2014 meeting, is admitted without objection and read 

into the record by Mr. Calle. 

The defense rests at 10:09 a.m. 

10:10 a.m. – Government’s witness Sarah Arrasmith is recalled to the witness stand for examination by 

Mr. Kleindienst. 

Government’s exhibits 390, 391, 392 and 393 are admitted without objection. 

10:19 a.m. – No cross examination of the witness. 

10:21 a.m. – Government’s witness Chad steel is sworn and examined by Ms. Feldmeier. 

10:34 a.m. – Cross examination of the witness by Mr. Calle. 

10:35 a.m. – Redirect of the witness. 

10:39 a.m. – Government’s witness Taide Elena is sworn and examined by Ms. Feldmeier. 

10:44 a.m. – No cross examination of the witness. 

The Government rests their rebuttal case. 

No surrebuttal. 

 

Recess taken 10:45 a.m. – 11:20 a.m. 

The jury enters. 

Case 4:15-cr-01723-RCC-DTF Document 449 Filed 04/16/18 Page 1 of 2
USA v. Lonnie Ray Swartz Date: April 16, 2018 

Case Number: CR-15-01723-001-TUC-RCC (DTF) Page 2 of 2 

Page 2 of 2 

11:21 a.m. – Government’s closing argument presented by Mr. Kleindienst. 

The jury is excused at 12:23 p.m. 

In absence of the jury, counsel and the Court further discuss jury instructions. Mr. Chapman orally 

motions for a mistrial based on the Government’s statements during closing argument. Motion denied. 

Lunch Recess taken 12:30 p.m. – 1:15 p.m. 

The jury enters. 

Defense closing argument presented by Mr. Chapman. 

Recess taken 2:47 p.m. – 3:03 p.m. 

The jury enters. 

Government’s rebuttal closing presented by Mr. Kleindienst. 

3:45 p.m. The jury is instructed. 

Jurors #41 and #26 are selected as alternate jurors and are excused prior to deliberation. 

The jury is excused at 4:13 p.m. to begin deliberation. 

In absence of the jury, Defense exhibits 1553 and 1462C are admitted without objection and 

Government’s exhibits 59, 95 and 342 are admitted without objection. All exhibits are provided in a 

digital format for the jury’s use during deliberation. 

Proceedings recessed for the day at 4:13 p.m. The jury is excused at 4:25 p.m. Trial continues to 

4/17/2018 at 9:30 a.m. before Chief Judge Raner C. Collins. 

Jury Trial: 4 Hours 55 Minutes 

Start: 9:16 a.m. 

Stop: 4:13 p.m. 

 

Case 4:15-cr-01723-RCC-DTF Document 449 Filed 04/16/18 Page 2 of 2
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Opinion issued June 9, 2016

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-15-00114-CV

———————————

CHRISTINA LIVINGSTON, Appellant

V.

FEDERAL NATIONAL MORTGAGE ASSOCIATION FANNIE MAE, 

Appellee

On Appeal from the County Civil Court at Law No. 4

Harris County, Texas

Trial Court Case No. 1055552

MEMORANDUM OPINION ON REHEARING

Christina Livingston appeals from the county civil court at law’s judgment in 

favor of Federal National Mortgage Association Fannie Mae. We affirm.

 

 We grant rehearing, withdraw our opinion and judgment dated September 25, 

2015, and issue this opinion in its place.
2

Background

Fannie Mae filed a forcible detainer action in justice court against Livingston

and other occupants of a property that Fannie Mae had purchased in foreclosure. The 

justice court rendered a judgment granting Fannie Mae possession of the property.

Livingston appealed to the county court, which also rendered a judgment in Fannie 

Mae’s favor. Livingston timely appealed from its judgment to this court, but we

dismissed her appeal for want of prosecution after she failed to timely file her brief. 

Livingston then filed a motion for rehearing accompanied by her appellate brief. We 

granted rehearing, withdrew our judgment of dismissal, and reinstated her appeal.

Both parties have filed their briefs, and this appeal is now ripe for decision.

On appeal, Livingston requests that this court:

(1) hold unconstitutional Section 24.004 of the Texas Property Code, 

which confers jurisdiction in forcible detainer actions on justice courts, or otherwise 

hold that justice courts do not have exclusive jurisdiction over these actions;

(2) hold that justice courts lack such jurisdiction whenever a defendant in 

a forcible detainer action has designated the disputed property as her homestead and 

has filed a suit contesting title to the property in the district court; and

(3) hold unconstitutional deed-of-trust provisions that reduce borrowers to 

the status of tenants at sufferance in the event of foreclosure after default on the notes

made in connection with a mortgage loan.
3

Sosa v. Garcia Controls

Though he makes no mention of it in his briefing in this appeal, Livingston’s 

counsel unsuccessfully asserted the same positions in another recent appeal before

this court. See Sosa v. Garcia, No. 01-13-01033-CV, 2015 WL 545529, at *1–4 

(Tex. App.—Houston [1st Dist.] Feb. 10, 2015, no pet.) (mem. op.) (affirming trial 

court’s judgment in forcible detainer action). In Sosa, counsel framed these positions 

as five issues and characterized them somewhat differently. But comparison of the 

briefs filed in Sosa and this appeal show the summary of argument and argument are 

the same. Having failed to disclose Sosa as adverse binding authority, Livingston’s 

counsel has neither distinguished it nor argued for its modification or reversal. 

Consistent with our decision in Sosa, we overrule Livingston’s issues.

Conclusion

We affirm the county civil court at law’s judgment.

Harvey Brown

Justice

Panel consists of Justices Keyes, Brown, and Huddle.
Fotoball USA, Inc.
3738 Ruffin Road
San Diego, CA 92123
Tel. 619-467-9900
Fax  619-467-9947




September 1, 1996


Robert N. Weingarten
Resource One Group, Inc.
5439 Lockhurst Drive
Woodland Hills, CA 91367


Dear Bob,

As approved by the Board of Directors on August 12, 1996, the terms of the
Amended and Restated Consulting Agreement ("Agreement") between Fotoball USA,
Inc. and yourself and Resource One Group is hereby extended and modified.
The amount of compensation payable to you is increased to $40,000.00 per
annum and the term of Agreement is extended through August 31, 1997.

IN WITNESS WHEREOF the parties hereto have executed this modification to
the Agreement as of the day and year set forth above.


   FOTOBALL USA, INC.


By /s/Michael Favish
   -----------------------------------
   President & Chief Executive Officer


   RESOURCES ONE GROUP, INC.

By /s/Robert N. Weingarten
   ----------------------------------- 
   President                       

By /s/Robert N. Weingarten
   -----------------------------------
   Robert N. Weingarten
Exhibit 31.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Richard J. Fitzpatrick, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Cowlitz Bancorporation;

2. Based on my knowledge, this quarterly 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 quarterly report;

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly 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 quarterly report;

4. The registrants other certifying officers 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 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) 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

c) disclosed in this quarterly report
any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter that has materially affected, or is likely to materially affect the registrants internal
control over financial reporting;

5. The registrants other certifying officers 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 registrants board of directors (or persons performing the equivalent functions):

a) all significant deficiencies 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 14, 2007



/s/ Richard J. FitzpatrickRichard J. Fitzpatrick, Chief Executive OfficerCowlitz Bancorporation
Exhibit 99.4

|LOGO |   |                                                                                         |  |   |        |  |             
|---- | - | --------------------------------------------------------------------------------------- |  | - | ------ |  | ------------
|     |  | Ernst & Young LLP                                                                       |  |  | Phone: |  | 403 290-4100
|     |   | Chartered AccountantsErnst & Young Tower
1000 440 2 Avenue SW
Calgary AB Canada T2P 5E9 |  |   | Fax:   |  | 403 290-4265

Consent of Independent Registered Public Accounting Firm

We
consent to use of our reports dated February 8, 2007 with respect to the consolidated financial statements of NOVA Chemicals Corporation for the years ended December 31, 2006, 2005
and 2004, NOVA Chemicals Corporation management's assessment of the effectiveness of internal control over financial reporting, and the effectiveness of internal control over financial reporting of
NOVA Chemicals Corporation, included in an exhibit to the Annual Report (Form 40-F) for 2006 filed with the Securities and Exchange Commission.

We
also consent to the incorporation by reference in the following Registration Statements:



of
our reports dated February 8, 2007 with respect to the consolidated financial statements of NOVA Chemicals Corporation for the years ended December 31, 2006, 2005 and 2004, NOVA
Chemicals Corporation management's assessment of the effectiveness of internal control over financial reporting, and the effectiveness of internal control over financial reporting of NOVA Chemicals
Corporation, included in the Annual Report (Form 40-F) for the year ended December 31, 2006.

|Calgary, Canada
March 1, 2007 |  | LOGOChartered Accountants
|----------------------------- |  | -------------------------

---



QuickLinks
Circuit Court for Prince George’s C ounty

Case No. CAL22

- 01728

Argued: March 4, 2022

IN THE COURT OF APPEALS

OF MARYLAND

No. 63

September T erm , 20 21

PRINCE GEORGE’S COUNTY

v.

ROBERT E. THURSTON

, et al

.

Getty

, C.J.,

Watts

Hotten

Booth

Biran

Gould

McDonald

, Robert N.

(Senior Judge, Specially Assigned)

JJ.

PER CURIAM ORDER

Filed: March 7, 2022PRINCE GEORGE’S COUNTY * IN THE

* COURT OF APPEALS

v. * OF MARYLAND

* COA

- REG

- 0063

- 2021

* No. 63

ROBERT E. THURSTON, et al. * September Term, 2021



### PER CURIAM ORDER

Upon consideration of the filings by Prince George’s County, Petitioner, and Robert

E. Thurston, et al., Respondents, and oral argument conducted in the above

- captioned case

on March 4, 2022,

WHEREAS , on January 31, 2022, the Circuit Court for Prince George’s County

issued an “Order of Court and Declaratory Judgment,” permanently enjoining Prince

George’s County, Maryland and the Prince George’s County Council from implementing

or otherwise presenting the redistricting plan passed by resolution in CR

- 123

- 2021 to any

entity charged with acting upon or implementing the County’s redistricting plan,

WHEREAS

, the Circuit Court for Prince George’s County ordered that the

redistricting plan in CR

- 123

- 2021 be immediately withdrawn and that the Prince George’s

County Redistricting Commission’s plan be submitted to all entities charged with acting

upon or implement ing the County’s redistricting plan,

WHEREAS , the Circuit Court for Prince George’s County ordered that any

publication of the redistricting plan in CR

- 123

- 2021 immediately cease and desist or that- 2

-

the plan be otherwise withdrawn from public view to the e xtent practicable and within the

control of the County and/or Council,

For reasons to be stated later in an opinion to be filed, it is this 7th day of March,

2022,

ORDERED , by the Court of Appeals of Maryland, that the “Order of Court and

Declaratory Judgm ent” issued on January 31, 2022 by the Circuit Court for Prince

George’s County, be, and it is hereby, AFFIRMED in all respects; and it is further

ORDERED , that the redistricting plan prepared by the Commission and submitted

to the Council on September 1, 2021, which became effective by operation of law under

Section 305 of the Charter for Prince George’s County on November 30, 2021, shall be

used for all purposes in acting upon or implementing the County’s redistricting plan; and

it further

ORDERED , that c osts are to be paid by the Petitioner and the mandate is to issue

forthwith.

/s/ Joseph M. Getty

Chief Judge
Exhibit 31.1
 
 CERTIFICATION
 
  
 1.
    I have reviewed this annual report on Form 10-K of Track
      Data Corporation;
 
 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(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 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 report is being
      prepared;
 
 (b)
    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
 
 (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
      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's board of directors (or persons performing the
      equivalent functions):
 
 (a)
    All
      significant deficiencies and material weaknesses in the design or
      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 control
      over financial reporting.
 
 Date: March 28, 2005
    
    /s/ Barry HertzBarry Hertz, CEO(principal executive officer)
----

----

|   | EXHIBIT      32.1 |
|--------|-------------------|

| 1.   | I      have reviewed the Report; |
|----------------|----------------------------------|

| 2.   | based      on my knowledge, the 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 the      Report; and |
|----------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 3.   | based      on my knowledge, the financial statements, and other financial information      included in the 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 the      Report. |
|----------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

----