alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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EXHIBIT 99.2     THE SERVICER OFFICER'S CERTIFICATE OF COMPLIANCE


MEMBERS EQUITY PTY LIMITED (MORTGAGE MANAGER) OFFICER'S
CERTIFICATE OF COMPLIANCE

The undersigned, a duly authorized representative of Members Equity Pty Limited,
as Mortgage Manager (the "Mortgage Manager"), pursuant to the agreement entitled
"Mortgage  Origination and Management  Agreement"  dated 4 July 1994 (as novated
and  amended)  between  Perpetual  Trustees  Australia  Limited,   ME  Portfolio
Management  Limited and Members  Equity Pty  Limited,  (the  "Agreement"),  does
hereby certify that:

1.   Capitalized  terms used but not defined in this Officer's  Certificate have
     their  respective  meanings set forth in the Agreement,  unless the context
     requires   otherwise  or  unless   otherwise   defined  in  the   Officer's
     Certificate.

2.   As of the date of this Officer's Certificate, Members Equity Pty Limited is
     the Mortgage Manager of SMHL Global Fund No. 5 (the "Trust").

3.   This Officer's Certificate is delivered pursuant to the Agreement.

4.   A review of the activities of the Mortgage Manager during the calendar year
     ended June 30, 2005 and of its performance  under the pooling and servicing
     agreement or similar agreements was made under my supervision.

5.   Based on such review,  to my knowledge,  the Mortgage Manager has fulfilled
     its  obligations  under the  pooling  and  servicing  agreement  or similar
     agreements relating to the Trust (including the Agreement)  throughout such
     calendar year and, except as set forth in paragraph 6 below.

6.   The  following is a description of any exceptions to paragraph 5 above:- No
     significant deficiencies were detected.


IN WITNESS WHEREOF,  the undersigned,  a duly authorized officer of the Mortgage
Manager, has duly executed this Officer's Certificate this 2nd day of September,
2005.

MEMBERS EQUITY PTY LIMITED,
as Mortgage Manager



  /S/  N. VAMVAKAS
-------------------------------------
Name:  N. VAMVAKAS
Title:    Director
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BF

IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 20-0025

STATE OF MONTANA,

Plaintiff and Appellee,

v.

MARTIN ANDREW REINBOLT,

Defendant and Appellant.

ORDER

Upon consideration of Appellee’s motion for a 60-day extension of time, 

and good cause appearing therefor, 

IT IS HEREBY ORDERED that Appellee is granted an extension of time 

to and including May 13, 2021, within which to prepare, serve, and file its 

response brief.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

March 5 2021

03/05/2021

Case Number: DA 20-0025
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Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A20A0057. CALVIN SMITH v. MARK MELTON et al.

Calvin Smith appealsthe trial court’s order dismissing his application for a writ

of habeas corpus. The Supreme Court, however, has appellate jurisdiction over all

habeas corpus cases. See Ga. Const. of 1983, Art. VI, Sec. VI, Par. III (4). This

appeal is therefore TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

August 09, 2019

08/09/2019
# ORIGINAL

IN THE SUPREME COURT OF THE STATE OF MONTANA DA 23-0330
STATE OF MONTANA,

PlaintiffandAppellee,
v. CHRISTOPHER JAMES IRVINE,

Defendant and Appellant. 

### JUN 2 0 2023 Bowen ,.nwooa Clerk of St.!_ , ,arne Court State of Montana ORDER

Chad Wright, Appellate Defender, petitions for an out-of-time appeal for Christopher James Irvine from the order entered on March 24, 2023, by the Twentieth Judicial District Court, Lake County, in Cause No. DC-19-99. The Attorney General's Office does not object to this motion. Wright asserts that Irvine's trial attorney left employment at the Office ofPublic Defender (OPD) immediately after thejudgment was issued in this case. Irvine contacted OPD on multiple occasions and indicated his desire to appeal the case, but OPD did not timely refer the matter to the Appellate Defender Division (ADD) and thus a Notice of Appeal was nottimely filed. Wright asserts that it would be unjust to deny Irvine the right to appeal when the untimeliness ofthe Notice ofAppeal was caused by an error or oversight out ofIrvine's control. We grant out-of-time appeals under M. R. App. P. 4(6) when an appellant establishes theexistence of"extraordinary circumstances amountingto a grossmiscarriage ofjustice," which would exist ifwe were to deny the petition here. IT IS THEREFORE ORDERED that the petition for an out-of-time appeal is GRANTED. 06/20/2023

Case Number: DA 23-0330IT IS FURTHER ORDERED that the Office ofAppellate Defender shall have 30

days from thedate ofthis Orderwithin which to prepare, file, and serve aNotice ofAppeal and a Request for Transcripts, if necessary, in compliance with the Montana Rules of Appellate Procedure. The Clerk is directed to provide copies ofthis Orderto all counsel ofrecord. DATED this

### t.6 day ofJune, 2023.

ChiefJustice 

### " "-,r,.....r /PI e 

# e94 ,

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UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Schaun Owens,

Plaintiff,

v.

Maricopa County Community College 

District, Maricopa Skill Center, and Lisa 

Hemming, 

Defendants.

NO. 2:15-cv-01769-SPL

ORDER

Upon stipulation of the parties,

IT IS HEREBY ORDERED dismissing this action without prejudice, each party to 

bear their own attorney’s fees and costs, as to only Defendant Maricopa Skill Center.

 

4529378.1

109883.005

Case 2:15-cv-01769-SPL Document 23-1 Filed 01/25/16 Page 1 of 1
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Greg Roddy,

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-17-03856-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: October 26, 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 8464 Filed 10/30/17 Page 1 of 1
#### Milton Patterson *v.*State of Indiana.

[No. 2-974A221.

Filed June 17, 1975.]

*Larry R. Champion,*of Indianapolis, for appellant.

*Theodore L. Sendak,*Attorney General, *Robert E. Dwyer,*Deputy Attorney General, for appellee.

*485Hoffman, J.

Following a trial before a jury, defendant-appellant Milton Patterson was convicted of a violation of the Indiana Controlled Substances Act.1 Appellant’s motion to correct errors was overruled by the trial court and he perfected this appeal.

On appeal, Patterson asserts that his conviction is not supported by sufficient evidence, that he was entrapped by the Indianapolis Police Department, and that a tinfoil packet should not have been admitted into evidence due to inadequate identification.

As to the evidentiary issue, an examination of the record reveals that the whereabouts of the tinfoil packet were totally accounted for from the time it was obtained from the appellant-Patterson until its introduction at trial, and that no evidence was introduced by appellant showing even a possibility of tampering during such period. Furthermore, the exhibit was identified by an officer by means of a case number which had been affixed thereto. The exhibit was, therefore, adequately identified, and a chain of custody adequately established. *Bonds*v. *State*(1973), 158 Ind. App. 579, 303 N.E.2d 686 (transfer denied).

As to the entrapment issue, inasmuch as the issue was never raised in any manner in the trial court, such issue is waived on appeal. *Ervin*v. *State*(1972), 154 Ind. App. 89, 289 N.E.2d 131.

The final question appellant has raised on appeal is a challenge to the sufficiency of the evidence to support his conviction on the ground that the jury could not have reasonably believed the prosecution witness who purchased the narcotic, in light of his history of crime, dishonesty and drug addiction. Such contention is merely a challenge to the credibility of the witness, an issue which will not be determined by this court. *Freeman*v. *State*(1975), 163 Ind. App. 650, 325 N.E.2d 485.

The judgment of conviction appealed from is affirmed.

Affirmed.

*486Staton, P.J. and Garrard, J., concur.

Note.—Reported at 329 N.E.2d 630.

1

. See: IC 1971, 35-24.1-1-1, *et seq.,*Ind. Ann. Stat. § 10-3558, *et seq.*(Burns Supp. 1974).
<PAGE>
                                                                   EXHIBIT 10.19

                                 AMENDMENT NO. 2
                                       TO
                          AT&T WIRELESS SERVICES, INC.
                                 ADJUSTMENT PLAN

AMENDMENT OF SECTION 4(a)

      The first sentence of Section 4(a) of the AT&T Wireless Services, Inc.
Adjustment Plan (the "Plan") is hereby amended to add the words "under the Plan"
in the proviso as follows:

            provided, that if any Shares subject to an Award held by a
            Transferred Individual (as that term is defined in the Employee
            Benefits Agreement) are forfeited or if any Award held by a
            Transferred Individual which is based on Shares is settled for cash,
            or expired or other is terminated without issuance of such Shares
            under the Plan, the Shares subject to such Award shall, to the
            extent of such cash settlement, forfeiture or termination, again be
            available for Awards under the Plan.

AMENDMENT OF SECTION 14(i)

      Section 14(i) of the Plan is hereby amended and restated in its entirety
to read as follows:

            "(i) The Committee shall be authorized to establish procedures
            pursuant to which the payment of any Award may be deferred. Subject
            to the provisions of the Plan and any Award Agreement, the recipient
            of an Award (including, without limitation, any deferred Award) may,
            if so determined by the Committee, be entitled to receive, currently
            or on a deferred basis, cash dividends, or cash or Share payments in
            amounts equivalent to cash dividends on Shares ("dividend
            equivalents") with respect to the number of Shares covered by the
            Award, as determined by the Committee, in its sole discretion, and
            the Committee may provide that such amounts (if any) shall be deemed
            to have been reinvested in additional Shares or otherwise
            reinvested. Any profits from such deferral program payable in Shares
            shall be paid from Shares available for issuance under the Company's
            2001 Long Term Incentive Plan (the "2001 Plan") or similar incentive
            plan that succeeds the 2001 Pan.
Exhibit 99.1


                    CERTIFICATION PURSUANT TO
                     18 U.S.C. SECTION 1350,
                     AS ADOPTED PURSUANT TO
          SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of PSB Bancorp, Inc..
(the "Company") on Form 10-Q for the period ending June 30,
2002, as filed with the Securities and change Commission on the
date hereof (the "Report"), I, Vincent J. Fumo, Co-Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

     (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 in material respects, the financial condition
and result of operations of the Company.



/s/Vincent J. Fumo
--------------------------
Vincent J. Fumo
Co-Chief Executive Officer
August 14, 2002
#### Savage and Others, Administrators of Prentiss, v. Meriam and Another.

If the plaintiff sue as administrator, where he might have sued in his owfi name, he need not make profert of the letters of administration.

APPEAL from the *Martin*Circuit Court. — Debt on a writing obligatory payable to the plaintiffs, as administrators of the es*177tate of Prentiss, deceased. The defendants demurred specially to the declaration, and showed for cause, that there was no profert of the letters of administration. Judgment on the demurrer in favour of the defendants.

Kinney, for the appellants.

Hurst, for the appellees.

*Per Curiam.*

The judgment is reversed, with costs. Cause remanded for further proceedings (1).

(1)

 There was no occasion for the plaintiffs, in this case, to describe themselves as administrators: they might have sued in their own right; and, therefore, profert of the letters was unnecessary. So, in an action on a judgment Obtained by the plaintiff as administrator, he need not make profert of the letters of administration. And if he names himself as administrator, it may be rejected as surplusage. The reason is, the judgment is considered a debt due to the plaintiff in his personal capacity, and he may declare that the debt is due to himself. *Crawford, adm’r,*v. *Whittal,*1 Doug. 4, note *1.*— Bonafous v. *Walker,*2 T. R. 126, *128.*— Tallmage, *adm'r,*v. *Chappel,*16 Mass. *71.*— Biddle, *adm'r,*v. *Wilkins,*1 Peters, 686.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

October 15, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-40251

Summary Calendar

 

DAVID GREGORY SURASKY,

Petitioner-Appellant,

versus

JONATHON DOBRE, Warden,

Respondent-Appellee.

--------------------

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 1:02-CV-126

--------------------

Before JOLLY, WIENER, and DENNIS, Circuit Judges.

PER CURIAM:*

David Gregory Surasky, federal inmate # 52646-080, appeals

the denial of his petition for habeas relief filed pursuant to 28

U.S.C. § 2241. Surasky argues that the district court erred when

it determined that he was not entitled to presentence credit

toward his federal sentence for time he spent in official

detention before the commencement of the sentence for which he is

currently incarcerated. Under the provisions of 18 U.S.C. 
No. 03-40251

-2-

§ 3585(b), the Bureau of Prisons (BOP) was not required to give

Surasky the credit he sought because he had already received the

credit against his state sentence. See United States v. Wilson,

503 U.S. 329. 334 (1992).

 Surasky’s argument that the most recent decision of the BOP

denying him credit toward his federal sentence is barred by the

equitable principles of res judicata and collateral estoppel

because the issue was decided in the first administrative hearing

on his request for credit fails because Surasky presents no final

judgment from that hearing. See Vasquez v. Bridgestone/Firestone,

Inc., 325 F.3d 665, 675 (5th Cir. 2003). The judgment of the

district court denying Surasky relief under 28 U.S.C. § 2241 is

AFFIRMED. 

Surasky’s motion to expedite the instant appeal is DENIED.
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1222 

KA 10-00648 

PRESENT: SCUDDER, P.J., CARNI, LINDLEY, SCONIERS, AND GREEN, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

JUDD A. FAREWELL, JR., DEFENDANT-APPELLANT. 

(APPEAL NO. 2.) 

 

SETH AZRIA, SYRACUSE, FOR DEFENDANT-APPELLANT. 

JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION (KATHERINE BOGAN OF

COUNSEL), FOR RESPONDENT. 

 

Appeal from a judgment of the Orleans County Court (James P.

Punch, J.), rendered December 7, 2009. The judgment convicted

defendant, upon his plea of guilty, of burglary in the third degree. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed. 

Same Memorandum as in People v Farewell ([appeal No. 1] ___ AD3d

___ [Dec. 23, 2011]).

Entered: December 23, 2011 Frances E. Cafarell

Clerk of the Court