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

FOR THE 

DISTRICT OF ARIZONA

Alicia L. Kuwik,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

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

Civil Action No. CV-17-03831-PHX-DGC

WAIVER OF THE SERVICE OF SUMMONS

To: Wendt Law Firm, PC

(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 10/20/2017, 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 8397 Filed 10/27/17 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 8397 Filed 10/27/17 Page 2 of 2
<TABLE> <S> <C>

<ARTICLE>5
<LEGEND>
This schedule contains summary information financial information for Marisa
Christina, Incorporated's Consolidated Balance Sheets as of December 31, 1997
and the Consolidated Statement of Operations for the year then ended and is
qualified in its entirety by reference to the Company's Form 10-K for the year
ended December 31, 1997.
</LEGEND>


<S>                                     <C>
<PERIOD-TYPE>                           12-MOS
<FISCAL-YEAR-END>                       DEC-31-1997
<PERIOD-START>                          JAN-01-1997
<PERIOD-END>                            DEC-31-1997
<CASH>                                  1,007,153
<SECURITIES>                            0
<RECEIVABLES>                           9,374,706
<ALLOWANCES>                            (200,104)
<INVENTORY>                             12,006,285
<CURRENT-ASSETS>                        29,439,210
<PP&E>                                  5,781,519
<DEPRECIATION>                          (2,595,115)
<TOTAL-ASSETS>                          65,196,781
<CURRENT-LIABILITIES>                   17,498,360
<BONDS>                                 0
<PREFERRED-MANDATORY>                   0
<PREFERRED>                             0
<COMMON>                                85,868
<OTHER-SE>                              47,109,279
<TOTAL-LIABILITY-AND-EQUITY>            65,196,781
<SALES>                                 91,400,058
<TOTAL-REVENUES>                        91,400,058
<CGS>                                   (71,235,897)
<TOTAL-COSTS>                           (30,911,860)
<OTHER-EXPENSES>                        0
<LOSS-PROVISION>                        (353,660)
<INTEREST-EXPENSE>                      (451,650)
<INCOME-PRETAX>                         (8,979,552)
<INCOME-TAX>                            2,987,528
<INCOME-CONTINUING>                     (5,992,024)
<DISCONTINUED>                          0
<EXTRAORDINARY>                         0
<CHANGES>                               0
<NET-INCOME>                            (5,992,024)
<EPS-PRIMARY>                           (0.72)
<EPS-DILUTED>                           (0.72)


</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                          21,865
<SECURITIES>                                         0
<RECEIVABLES>                                   21,329
<ALLOWANCES>                                      (459)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                43,816
<PP&E>                                           6,482
<DEPRECIATION>                                  (2,146)
<TOTAL-ASSETS>                                  48,398
<CURRENT-LIABILITIES>                           16,012
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            13
<OTHER-SE>                                      30,585
<TOTAL-LIABILITY-AND-EQUITY>                    48,398
<SALES>                                         15,760
<TOTAL-REVENUES>                                15,780
<CGS>                                           10,052
<TOTAL-COSTS>                                   12,920
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   1
<INCOME-PRETAX>                                  3,053
<INCOME-TAX>                                     1,252
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,801
<EPS-PRIMARY>                                      .14
<EPS-DILUTED>                                      .14
        

</TABLE>
oO Om NY DH FF WwW NH

RN RYN N NY N NY N HY S| Be Se Be Se Be Be eB ew
oI A WA KRW NH |= SOD wm NI DH BF WN KH SG

wo JUN 1 8 2009

CLERK U S DISTRICT COURT]
DISTRICT OF ARIZONA

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA

United States of America, CR-98-00892-03-PHX-FJM
Plaintiff,

vs.

Juan Manuel Gastelum, ORDER

Defendant.

a

A detention hearing and a preliminary revocation hearing on the Petition on
Supervised Release were held on June 17, 2009.

THE COURT FINDS that the Defendant has knowingly, intelligently, and
voluntarily waived his right to a detention hearing and a preliminary revocation hearing and
has consented to the issue of detention being made based upon the allegations in the Petition.

THE COURT FURTHER FINDS that the Defendant has failed to sustain his burden
of proof by clear and convincing evidence pursuant to Rule 32.1(a)(6), FED.R.CRIM.P., that
he is neither a flight risk nor a danger to the community. United States v. Loya, 23 F.3d 1529
(9th Cir. 1994).



court.

IT IS ORDERED that the Defendant shall be detained pending further order of the

re
—
DATED this / 4 day of June, 2009.

Tsim © Selcem—

Lawrence O. Andérson

United States Magistrate Judge
EXHIBIT 32.2

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 Anworth Mortgage Asset Corporation (the
Company) on Form 10-Q for the quarterly period ended June 30, 2008, as filed with the Securities and Exchange Commission on August 6, 2008 (the Report), I, Thad M. Brown, Chief Financial Officer (Principal
Financial Officer and Principal Accounting 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, as amended; and

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



By:

/s/    THAD M. BROWNThad M. BrownChief Financial OfficerAugust 6, 2008
#### Funkhouser *v.*Purdy.

Debt on a bond for 400 dollars, payable on the 1st of *November,*1819. Plea, as to 42 dollars and 60 cents, payment; and as to the interest before the 24th. of *March,*1823, the plaintiff’s, covenant that the sum due on the bond, which had been given for a tract of land, should not be payable nor bear *295interest until he should execute the title — which he had not done until that time. Replication as to the plea in bar of the interest before the execution ■of the title, that the plaintiff had tendered the deed some years previously; hut it was at a time when, by his own showing, his title was not complete.

Held, on general demurrer, that the replication, was insufficient; and that the plea was a good bar to that part of the action which it professed to answer.

ERROR to the *Harrison*Circuit *Court.-*— Purdy was the' plaintiff below, and *Funkhouser*the defendant. The plea did not profess to answer the action, except so far as related to that part of the principal of the bond which was averred to have been paid, and to so much of.the interest as was alleged to have been released. The replication was to that part of the plea which relates to the interest. The judgment was,for 400 dollars, the ■debt in the declaration mentioned, and 42 dollars and 85 cents ■damages for the detention, making in all 442 dollars and 85 •cents, together with costs.

Holman, J.

Debt on a bond for 400 dollars, due the 1st of November, 1819. Plea of payment of 42.dollars and 50 cents; and a release founded on a covenant executed to *Funkhouser*by *Purdy*and *Cunningham*— whicb, after reciting that the bond had been given in consideration of a tract of land, the title to which could not be made in the time and manner originally contemplated, sets forth a covenant by *Purdy*to make the conveyance, •and a stipulation that, until the conveyánce should be executed, *Funkhouser*should be free from any payment of principal or interest of all remaining unpaid, to wit, 357 dollars and 50 "cents; and further,'“that from the day the said land is conveyed, then and from that date said 357 dollars and 50 cents are to be considered payable, and to bear common interest.” Which conveyance, it seems, was not executed until the 24th of March, 1823. The plaintiff replied a tender of a deed some years before; but at a time when, by his own showing, he had not a •complete title. The defendant demurred, and the plaintiff had .judgment.

This judgment, so far as it embraces the 357 dollars and 50 •cents, with damages for its detention from the 24th of March, 1823, until the rendition of tbe judgment, is not disputed. For the balance it is clfearly erroneous. The covenant recognizes the payment of the 42 dollars and 50 cents, and unquestionably ■determines that the balance is only to bear interest from tiro *296date of the conveyance. The replication is bad. The demurrer should have been sustained.

Kidder, for the plaintiff

Kelson, for the defendant.

*Per Curiam.*

The judgment is reversed, with costs. Cause remanded, with directions to the Circuit Court to permit the plaintiff below to withdraw his joinder in demurrer, and amend his replication.
Case 2:15-cr-01516-NVW Document 3 Filed 10/14/15 Page 1 of 3
Case 2:15-cr-01516-NVW Document 3 Filed 10/14/15 Page 2 of 3
Case 2:15-cr-01516-NVW Document 3 Filed 10/14/15 Page 3 of 3
#### Perry Crosthwaite *v.*S. S. Wigner.

License — Federal Government — Transacting Business Witjhout — Contract Not Enforceable.

Contracts made by broker carrying on business -without a license from the Federal government can not be enforced.

APPEAL FROM FAYETTE CIRCUIT COURT.

January 13, 1872.

Response by

Judge Lindsay:

It is not necessary in these cases for this court to express an opinion, as to whether the purchase by the plaintiff from Hunter, of the notes sued on, vested him with the title to the same. If the plaintiff was carrying on the business of broker without paying the' license required by the federal government, and this fact, as contended by appellant, rendered his business transactions vicious, then it might follow that he could not have enforced his. contract of purchase as against Hunter. But this contract has been fully executed, and Hunter is not complaining. The *659■sale of the notes, if void, leave's the title in Hunter, but does not ■discharge appellants of their obligation to pay him.

*Gibbons &*Falconer, *for appellant.*

Browne, *for appellees.*

Hpon the face of the .record appellee appears to be the owner of the notes. If, as matter of law, they belong to Hunter, appellants should have ashed to have him made a party to the suits. As the record stands, the payment of this judgment will protect them against Hunter. They therefore have no ground of complaint.

Petition overruled.
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#### John L. Beyson *v.*Edward Ells.

Trial — Transfer from Common Law to Equity Docket — Chancellor Takes Place of Jury.

Where a cause is transferred from the common law to the equity docket, the party making the motion must he held to have consented . that the chancellor shall take the place of a jury.

APPEAL EROM GREENUP CIRCUIT COURT.

January 25, 1872.

Opinion oe the Court by

Judge Lindsay :

This action was transferred to the equity side of the docket *679upon the motion of appellant, in order that the contract sued on might be reformed and an alleged mistake corrected.

*Roe, Phister, for appellant.*

*Ireland, for appellee.*

The answer does not sufficiently charge that there was a mistake in reducing the contract to writing.

The nature of the transaction is almost conclusive evidence that, there was no such mistake.

It was error to transfer this cause to equity and 'thereby deprive the appellee of a trial by a jury. As this error was the result of the appellant’s motion .he must be held to have consented that the chancellor should take the place of a jury. The preponderance of the testimony is not against his judgment, and wer therefore, do not feel authorized to set it aside. Judgment affirmed.
#### Treadway *v.*Drybread.

In error.

*Wednesday,*May 27.

SUIT by the assignee against the assignor of a promissory note. The plaintiff had obtained judgment against the maker, and sued out a *fieri facias,*which was returned *nulla bona. Held,*that as the plaintiff had held the note 14 months after it became due, before he brought the suit, and gave no satisfactory reason for the"delay, he had been guilty of gross negligence, and ought not to recover against the assignor. *M’Kinney*v. *M’Connel,*1 Bibb, *239.—M’Ginnis*v. *Burton,*3 *id.*6.— *Campbell*v. *Hopson,*1 Marsh. *228.—Merriman*v. *Maple,*2 Blackf. 350.