alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>


                                                                    Exhibit 23




                       CONSENT OF INDEPENDENT ACCOUNTANT


         We consent to the incorporation by reference in the registration
statement of Ovid Technologies, Inc. on Form S-8 (File No.33-90276) of our
report dated February 20, 1998, except as to Note 14, for which the date is
March 27, 1998, on our audits of the consolidated financial statements and
financial statement schedule of Ovid Technologies, Inc. as of December 31, 1996
and 1997, and for each of the three years ended December 31, 1997, which report
is included in this Annual Report on Form 10-K.


                                                     COOPERS & LYBRAND L.L.P.


New York, New York
March 30, 1998
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<PAGE>

                                                                    EXHIBIT 32.2

                       CERTIFICATE PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002

William H. Hardman, Jr., the Executive Vice President, Chief Financial Officer,
Treasurer and Secretary of Delta Mills, Inc. (the "Company"), hereby certifies
that to the best of his knowledge:

      1.    The Quarterly Report on Form 10-Q for the quarter ended December 31,
            2005 of the Company (the "Report") fully complies with the
            requirements of section 13(a) or 15(d), as applicable, of the
            Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

      2.    The information contained in the Report fairly presents, in all
            material respects, the financial condition and results of operations
            of the Company at the dates and for the periods indicated.

The foregoing certification is made solely for the purpose of complying with the
requirements of Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section
1350) and may not be relied upon by anyone for any other purpose. The
undersigned expressly disclaims any undertaking to update such certification
except as required by law.

Date February 14, 2006                                By: /s/ W. H. Hardman, Jr.
                                                      --------------------------
                                                      W.H. Hardman, Jr.
                                                      Chief Financial Officer

A signed copy of this written statement required by section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to the Company and will be retained
by the Company and furnished to the Securities and Exchange Commission or its
staff upon request.

                                       37
EXHIBIT 32.

                Certifications Pursuant to 18 U.S.C.Section 1350

         The  undersigned,  who is the  chief  executive  officer  and the chief
financial officer of Community First  Bancorporation,  hereby certifies that, to
the best of his  knowledge,  the  accompanying  Form  10-Q of the  issuer  fully
complies  with the  requirements  of  Section  13(a) or 15(d) of the  Securities
Exchange  Act of 1934,  and that  information  contained  in the  report  fairly
presents,  in all material  respects,  the  financial  condition  and results of
operations of the issuer.

May 14, 2010

                                      s/ Frederick D. Shepherd, Jr.
                                      ------------------------------------------
                                      Frederick D. Shepherd, Jr.
                                      Chief Executive Officer and Chief
                                      Financial Officer
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No. 87-841.

#### Mississippi *v.*Davis.

Sup. Ct. Miss. Certiorari denied.

Justice White would grant certiorari.
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Kim Husley,

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-17-03908-PHX-DGC

WAIVER OF THE SERVICE OF SUMMONS

To: Niemeyer, Grebel & Kruse 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 10/25/2017, 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: October 26, 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. 

Case 2:15-md-02641-DGC Document 8500 Filed 11/01/17 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 8500 Filed 11/01/17 Page 2 of 2
I

105TH CONGRESS

1ST SESSION H. R. 514

To permit the waiver of District of Columbia residency requirements for

certain employees of the Office of the Inspector General of the District

of Columbia, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 4, 1997

Mr. DAVIS of Virginia (for himself and Ms. NORTON) introduced the following

bill; which was referred to the Committee on Government Reform and

Oversight

A BILL

To permit the waiver of District of Columbia residency requirements for certain employees of the Office of the

Inspector General of the District of Columbia, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘District of Columbia

5 Inspector General Improvement Act of 1997’’.
2

•HR 514 IH

1 SEC. 2. WAIVER OF RESIDENCY REQUIREMENT FOR CER2 TAIN EMPLOYEES OF INSPECTOR GENERAL.

3 Section 906 of the District of Columbia Government

4 Comprehensive Merit Personnel Act of 1978 (sec. 1–

5 610.6, D.C. Code) is amended—

6 (1) in subsection (a), by inserting ‘‘or sub7 section (d)’’ after ‘‘subsection (c)’’; and

8 (2) by adding at the end the following new sub9 section:

10 ‘‘(d) At the request of the Inspector General (as de11 scribed in section 208(a) of the District of Columbia Pro12 curement Practices Act of 1985), the Director of Person13 nel may waive the application of subsections (a) and (b)

14 to employees of the Office of the Inspector General.’’.

15 SEC. 3. PERMITTING WAIVER OF REDUCTION IN ANNUITY

16 FOR FEDERAL ANNUITANTS EMPLOYED BY

17 CERTAIN DISTRICT OFFICES.

18 (a) RETIRED MEMBERS OF UNIFORMED SERVICE.—

19 Section 5532(j) of title 5, United States Code, is amended

20 by striking the period at the end and inserting ‘‘, but shall

21 include the Office of the Inspector General of the District

22 of Columbia and the Office of the Chief Financial Officer

23 of the District of Columbia during the 4-year period which

24 begins April 17, 1995.’’.

25 (b) RETIRED ANNUITANTS UNDER CIVIL SERVICE

26 RETIREMENT SYSTEM.—Section 8344(l)(1) of title 5,
3

•HR 514 IH

1 United States Code, is amended by striking the period at

2 the end and inserting ‘‘, but shall include the Office of

3 the Inspector General of the District of Columbia and the

4 Office of the Chief Financial Officer of the District of Co5 lumbia during the 4-year period which begins April 17,

6 1995.’’.

7 (c) RETIRED ANNUITANTS UNDER FEDERAL EM8 PLOYEES’ RETIREMENT SYSTEM.—Section 8468(i)(1) of

9 title 5, United States Code, is amended by striking the

10 period at the end and inserting ‘‘, but shall include the

11 Office of the Inspector General of the District of Columbia

12 and the Office of the Chief Financial Officer of the Dis13 trict of Columbia during the 4-year period which begins

14 April 17, 1995.’’.

15 (d) EFFECTIVE DATE.—The amendments made by

16 this section shall apply with respect to annuities paid

17 under title 5, United States Code, for months beginning

18 with May 1996.

Æ
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,967

EX PARTE JIMMY LAWSON THORNTON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 65,279 IN THE 47 DISTRICT COURT TH

FROM POTTER COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of driving while

intoxicated and sentenced to ten years’ imprisonment. 

Applicant contends that he was denied the right to appeal this sentence. The State and

appellate counsel agree that Applicant should be able to file an out-of-time appeal due to a breakdown in the system. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2003).

We agree. Applicant is entitled to the opportunity to file an out-of-time appeal of the

judgment of conviction in Cause No. 65,279 from the 47 District Court of Potter County. Applicant th
2

is ordered returned to that time at which he may give a written notice of appeal so that he may then,

with the aid of counsel, obtain a meaningful appeal. Within ten days of the issuance of this opinion,

the trial court shall determine whether Applicant is indigent. If Applicant is indigent and wishes to

be represented by counsel, the trial court shall immediately appoint an attorney to represent

Applicant on direct appeal. All time limits shall be calculated as if the sentence had been imposed

on the date on which the mandate of this Court issues. We hold that, should Applicant desire to

prosecute an appeal, he must take affirmative steps to file a written notice of appeal in the trial court

within 30 days after the mandate of this Court issues.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional

Institutions Division and Pardons and Paroles Division. 

Delivered: February 6, 2013

Do not publish
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1

TRINETTE G. KENT (State Bar No. 025180)

KENT LAW OFFICES

10645 North Tatum Blvd., Suite 200-192

Phoenix, AZ 85028 

Telephone: (480) 247-9644

Facsimile: (480) 717-4781

E-mail: tkent@kentlawpc.com

Of Counsel to:

Nitzkin & Associates

22142 West Nine Mile Road

Southfield, MI 48033

Telephone: (248) 353-2882

Facsimile: (248) 353-4840

Attorneys for Plaintiff,

Nancy Fedri,

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Nancy Fedri,

Plaintiff,

vs.

Trans Union, LLC,

a Delaware limited liability company;

and Chase Bank USA, N.A.,

a National Association,

Defendants.

Case No.: CV-15-01952-PHX-GMS

Hon. G. Murray Snow

STIPULATION FOR DISMISSAL 

WITH PREJUDICE 

Plaintiff and Defendant Trans Union, LLC (hereinafter referred to as “Trans 

Union”), through counsel undersigned and pursuant to Rule 41(a)(1)(A)(ii), hereby 

stipulate that the above-captioned action may be dismissed with prejudice against 

Case 2:15-cv-01952-GMS Document 44 Filed 04/15/16 Page 1 of 3
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Defendant Trans Union, only, with each party to bear its own attorneys’ fees and 

costs, in accordance with the form of dismissal order filed concurrently herewith.

DATED this 15th day of April, 2016

KENT LAW OFFICES

By: /s/ Trinette G. Kent 

Trinette G. Kent 

Attorney for Plaintiff

PHILLIP R. WOOTEN PC

/s/ Philip R. Wooten . 

Phillip R. Wooten

Attorney for Defendant Trans Union

BRYAN CAVE LLP

/s/ Robert W. Shely

Robert W. Shely

Attorneys for Defendant Chase Bank

CERTIFICATE OF SERVICE

I hereby certify that on April 15, 2016 I electronically transmitted the attached 

document to the Clerk’s Office using the CM/ECF system for filing and for 

transmittal of Notice of Electronic Filing to the following CM/ECF registrants:

Case 2:15-cv-01952-GMS Document 44 Filed 04/15/16 Page 2 of 3
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3

Ginny E. Webb 

(Admitted Pro Hac Vice) 

STRASBURGER & PRICE, LLP 

2801 Network Blvd., Ste. 600 

Frisco, TX 75034 

(469) 287-3907 

Fax (469-227-6581 

ginny.webb@strasburger.com 

and 

Phillip R. Wooten 

PHILLIP R. WOOTEN PC 

3413 E. Equestrian Trail 

Phoenix, AZ 85044-3403 

(480) 598-4331 

Phillip.wooten@azbar.org

Attorneys for Defendant Trans Union 

Trinette G Kent

Kent Law Offices

10645 N Tatum Blvd., Ste. 200-192

Phoenix, AZ 85028

480-247-9644

Fax: 480-717-4781

Email: tkent@kentlawpc.com

1. Attorneys for Plaintiff

2.

3. Robert W. Shely, (Arizona Bar No. 14261)

BRYAN CAVE LLP, #145700

Two North Central Avenue, Suite 2200

Phoenix, AZ 85004-4406

Telephone: (602) 364-7000

Facsimile: (602) 364-7070

E-Mail: rwshely@bryancave.com

Attorneys for Defendant Chase Bank

/s/ Amber Gingiloski

Case 2:15-cv-01952-GMS Document 44 Filed 04/15/16 Page 3 of 3
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WO

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Milo McCormick Stanley, 

Petitioner, 

vs.

Charles L. Ryan, et al., 

Respondents. 

)

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No. CV-98-0430-PHX-GMS

DEATH PENALTY CASE

ORDER

Pending before the Court, Petitioner moves to file the depositions and deposition

exhibits of Leonardo Garcia-Bunuel, M.D., Dean Gerstenberger, Arthur Hanratty, and Joseph

Stewart, Ph.D, and the interview transcript of Dr. Karleen Hammitt. (Doc. 136.) 

Petitioner also moves for leave to file a non-electronic exhibit, the video deposition

of Dr. Garcia-Bunuel. (Doc. 137.) The Court’s Local Rules, LRCiv 5.5(b), authorizes the

Clerk of Court to develop and administer the Electronic Case Filing Administrative Policies

and Procedures Manual (“Adm. Manual”). Adm. Manual § II.K.2 permits the non-electronic

filing of exhibits with leave of court. 

Accordingly, 

IT IS HEREBY ORDERED granting Petitioner’s motion to file the attached

exhibits. (Doc. 136.) All of the documents previously noticed as filed shall be construed as

part of the record without further Order of the Court. 
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- 2 -

IT IS FURTHER ORDERED granting leave for Petitioner to file a copy of the video

deposition of Leonardo Garcia-Bunuel, M.D. pursuant to Adm. Manual § II.K.2. Petitioner

shall also electronically submit a notice of filing documenting the non-electronic filing of the

video deposition and attach a copy of the notice to the video exhibit. 

DATED this 9th day of September, 2011.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JEREMIAH WILLIAM BALIK,

Plaintiff

- Appellant,

v.

CITY OF TORRANCE; et al.,

Defendants

- Appellees. No. 20

- 15324

D.C. No. 2:18

- cv

- 02174

- RFB

- EJY

MEMORANDUM *

Appeal from the United States District Court

for the District of Nevada Richard F. Boulware II, District Judge, Presiding

Submitted March 16, 2021 * *

Before: GRABER, R. NELSON, and HUNSAKER, Circuit Judges.

Jeremiah William Balik appeals pro se from the district court’s judgment

dismissing his action alleging various constitutional violations. We have

jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Federal

Rule of Civil Procedure 12(b)(6). Hebbe v. Pliler , 627 F.3d 338, 341 (9th Cir.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

MAR 24 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 20

- 15324

2010). We may affirm on any basis supported by the record. Thompson v. Paul

,

547 F.3d 1055, 1058

- 59 (9th Cir. 2008)

. We affirm.

Dismissal of Balik’s action was proper because Balik ’s claims are too

frivolous and unsubstantial to invoke subject matter jurisdiction. See Hagans v.

Lavine , 415 U.S. 528, 536 (1974) (“Over the years this Court has repeatedly held

that the federal courts are without power to entertain claims otherwise within their

jurisdiction if they are so attenuated and unsubstantial as to be absolutely devoid of

merit

. . . . ”); Franklin v. Murphy , 745 F.2d 1221, 1227 n.6 (9th Cir. 1984) (“A

paid complaint that is ‘obviously friv olous’ does not confer federal subject matter

jurisdiction[.]”)

, abrogated on other grounds by Neitzke v. Williams , 490 U.S. 319

(1989).

The district court did not abuse its discretion by declaring Balik a vexatious

litigant and entering a pre

- filing review order against him because all of the

requirements for entering a pre

- filing review order were met. See Ringgold

Lockhart v. County of Los Angeles , 761 F.3d 1057, 106 2 (9th Cir. 2014) (setting

forth requirements for a pre

- filing review order).

We reject as unpersuasive Balik’s contentions that the district court err ed in

denying his pending motions as moot

, including his motions to enter default and

default judgment, that the district court erred in denying his application to proceed

in forma pauperis , and that Balik was entitled to a hearing before the district court3 20

- 15324

declared him a vexatious litigant.

We do not consider matters not specifically and distinctly raised and argued

in the opening brief, or arguments and allegations raised for the first time on

appeal. See Padgett v. Wright , 587 F.3d 983, 985 n.2 (9th Cir. 2009). We do not

consider documen ts and facts not presented to the district court. See United States

v. Elias , 921 F.2d 870, 874 (9th Cir. 1990).

All pending motions and requests are denied.

AFFIRMED.