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

FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION

BCBSM, INC., et al., 

 Plaintiffs/Counter-Defendants, 

v. 

WALGREEN CO. & WALGREENS BOOTS 

ALLIANCE, INC., 

 Defendants/Counterclaimant. 

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

WALGREEN CO. & WALGREENS BOOTS 

ALLIANCE, INC.,

 Defendants/Third-Party Plaintiffs, 

v.

PRIME THERAPEUTICS LLC,

 Third-Party Defendant.

Case No. 1:20-cv-01853 

Honorable Virginia M. Kendall 

 Honorable Sheila M. Finnegan 

Consolidated with: 

Case No. 1:20-cv-01929 

Case No. 1:20-cv-03332 

Case No. 1:20-cv-04738 

Case No. 1:20-cv-04940 

Case No. 1:22-cv-01362 

ORDER DISMISSING WALGREENS’ VERIFIED COUNTERCLAIM FOR AIDING 

& ABETTING BREACHES OF FIDUCIARY DUTIES WITH PREJUDICE AND 

GRANTING LEAVE TO AMEND CERTAIN AFFIRMATIVE DEFENSES 

This matter is before the Court on Defendants’ Unopposed Motion to Voluntarily Dismiss 

Walgreens’ Verified Counterclaim for Aiding & Abetting Breaches of Fiduciary Duties with 

Prejudice and for Leave to Amend Certain Affirmative Defenses (ECF No. __ ). 

The Court, having reviewed the Motion and being fully advised in the premises, hereby 

ORDERS and ADJUDGES as follows: 

1. Walgreen Co.’s Verified Counterclaim for Aiding & Abetting Breaches of

Fiduciary Duties against BCBSM, Inc.; HMO Minnesota; Blue Cross and Blue Shield of Florida, 

Case: 1:20-cv-01853 Document #: 516 Filed: 01/16/24 Page 1 of 2 PageID #:11480
2

Inc.; Health Options, Inc.; Blue Cross and Blue Shield of North Carolina; Blue Cross and Blue 

Shield of North Dakota; Blue Cross and Blue Shield of Alabama; Blue Cross and Blue Shield of 

Kansas, Inc.; Blue Cross and Blue Shield of Massachusetts, Inc.; Blue Cross and Blue Shield of 

Massachusetts HMO Blue, Inc.; Wellmark, Inc.; Wellmark of South Dakota, Inc.; Wellmark 

Health Plan of Iowa, Inc.; Wellmark Synergy Health, Inc.; Wellmark Value Health Plan, Inc.; 

Horizon Healthcare Services, Inc.; Horizon Healthcare of New Jersey, Inc.; HealthNow New York 

Inc.; BlueCross BlueShield of Western New York, Inc.; BlueShield of Northeastern New York; 

Blue Cross and Blue Shield of Arizona, Inc.; and Blue Cross and Blue Shield of Kansas City is

dismissed with prejudice; and

2. Defendants are granted leave to file the [Proposed] First Amended Affirmative 

Defenses to Plaintiffs’ Second Amended Complaint, which is attached to the Motion as Exhibit A; 

and

3. Each Party is to pay its own costs with respect to the Counterclaim and the Motion. 

DONE and ORDERED this 16th day of January, 2024. 

______________________________ 

The Honorable Virginia M. Kendall 

United States District Judge

Case: 1:20-cv-01853 Document #: 516 Filed: 01/16/24 Page 2 of 2 PageID #:11481
1

The HONORABLE DONALD E. O’BRIEN, United States District Judge for

the Northern District of Iowa.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 01-2186

___________

United States of America, *

*

Appellee, * Appeal from the United States

* District Court for the

v. * Northern District of Iowa.

*

Helen Duffy, also known as Helen * [UNPUBLISHED]

Authier, *

*

Appellant. *

___________

 Submitted: November 21, 2001

 Filed: December 4, 2001

___________

Before BOWMAN, LOKEN, and BYE, Circuit Judges.

___________

PER CURIAM.

Helen Duffy was convicted after a jury trial of acquiring cocaine through

misrepresentation, deception, and subterfuge, in violation of 21 U.S.C. § 843(a)(3),

and of possessing cocaine, in violation of 21 U.S.C. § 844(a). The district court1

sentenced her to 5 months imprisonment and one year supervised release (including

5 months home detention). On appeal, counsel has moved to withdraw under Anders
-2-

v. California, 386 U.S. 738 (1967), and has filed a brief arguing that Duffy’s

convictions were not supported by sufficient evidence.

The evidence at trial, examined in the light most favorable to the jury verdict,

see United States v. Robinson, 217 F.3d 560, 564 (8th Cir.), cert. denied, 531 U.S.

999 (2000), showed that Duffy, by virtue of her job responsibilities, was the only

pharmacy employee with the ability to order cocaine (by having her manager sign

blank order forms), to authorize payment for the cocaine, and to receive the cocaine

when it was shipped. This evidence was sufficient to support both guilty verdicts.

See United States v. Wilbur, 58 F.3d 1291, 1292 (8th Cir. 1995); United States v.

Hill, 589 F.2d 1344, 1350 (8th Cir.), cert. denied, 442 U.S. 919 (1979).

We have conducted an independent review under Penson v. Ohio, 488 U.S. 75

(1988), and conclude that there are no other nonfrivolous issues for appeal.

Accordingly, we affirm, and grant counsel’s motion to withdraw.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
##### 



Exhibit 12.1
  PlanetOut
    Inc.
    Computation of Ratio of Earnings to Fixed Charges
  Year Ended December 31,2002


2003


2004


2005


2006(In thousands, except ratios)Net income (loss) from operations
    as reported

$
(7,807
)

$
(423
)

$
449


$
2,043


$
(3,013
)Add: Fixed charges


112



193



1,713



238



1,216Earnings as defined

$
(7,695
)

$
(230
)

$
2,162


$
2,281


$
(1,797
)Fixed charges

$
112


$
193


$
1,713


$
238


$
1,216Ratio of earnings to fixed
    charges(1)










1.3
x


9.6
x


     (1)
    
    The ratio of earnings to fixed charges is computed by dividing
    income (loss) from operations
    plus fixed charges by fixed charges. Fixed charges consist of
    interest expense, amortization of
    debt issuance costs and that portion of rental payments under
    operating leases that we believe
    to be representative of interest. Earnings were insufficient to
    cover fixed charges in 2002,
    2003 and 2006 by amounts equal to the net loss for the period.
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Exhibit 32.1
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (1)
    
    The Report fully complies with the requirements of section
13(a) or 15(d), as applicable, of the Securities Exchange Act
of 1934; and(2)
    
    The information contained in the Report fairly presents, in all
material respects, the financial condition and results of
operations of the Company.
 Date: May 10, 2010
    
    By:
    
    /s/ Michael J. Caliel

Michael J. CalielPresident and Chief Executive Officer
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----

Exhibit 32.1

**CERTIFICATIONPURSUANT TO**

**18U.S.C. §1350,**

**ASADOPTED PURSUANT TO**

**SECTION906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Quarterly Report of Bridge Technology,Inc. (the “Company”) on Form 10-Q/A for the periodended March 31, 2003 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, JamesDjen, Chief Executive Officer of the Company, certify, pursuantto 18 U.S.C. §1350, as adopted pursuant to Section 906 of theSarbanes-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 material respects, the financial        condition and results of operations of the Company. |

 

|   |   |                   |   |   |   |   |   |                      |
|--------|--------|------------------------|--------|--------|--------|--------|--------|---------------------------|
|   |   |                   |   |   |   |   |   |                      |
|   |   | Date: January 16, 2004 |   |   |   |   |   | /s/ James Djen            |
|   |   |                   |   |   |   |   |   |                           |
|   |   |                   |   |   |   |   |   | James Djen                |
|   |   |                   |   |   |   |   |   | *Chief Executive Officer* |

 

A signed original of this written statement required bySection 906, an other document authenticating, acknowledging, orotherwise adopting the signature that appears in typed formwithin the electronic version of this written statement requiredby Section 906, has been provided to the Company and will beretained by the Company and furnished to the Securities andExchange Commission or its staff upon request.
#### Tyler W. McAhan *v.*W. B. Woodruff.

Vendor and Purchaser — Partial Payments — Sale Under Lien.

Notes for purchase money were given in small installments. In a suit of foreclosure, held that the defendant is not required to raise all the money on the notes not due, and the sale could only be, for the one note, subject to the lien for the purchase money not due.

APPEAL FROM HENDERSON CIRCUIT COURT. O. P. DIV.

March 6, 1872.

*518
      *James, O. Naves, for appellant.*

Opinion op the Court by

Judge Pryor:

In this case the appellee Woodruff was the owner of all the notes executed for the property and directed to be sold by the judgment. There was only one of the notes due at the time of the filing of the petition, and when the judgment was rendered. This note was only for one hundred dollars, and before the sale the appellant might have been able to raise means to pay off this note when he could not have placed himself in a condition *to*satisfy the whole of the purchase money. He was not required by reason of any obligation to pay, to discharge these installments until they fell due, nor did an allegation only that the lot was indivisible, authorize the judgment herein rendered. The property should have been sold subject to the liens for the purchase money not due. Denton vs. McKinney, 6th Bush, 468. The judgment of the court below is reversed and the cause remanded with directions (the appellee being the purchaser) to set aside the sale made in pursuance thereof and for further proceedings consistent herewith.
```

[Federal Register Volume 79, Number 212 (Monday, November 3, 2014)]
[Notices]
[Page 65175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26092]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[B-48-2014]

Foreign-Trade Zone 277--Western Maricopa County, Arizona; 
Authorization of Production Activity; Maxwell Technologies, Inc. 
(Electrode and Capacitor Manufacturing); Peoria, Arizona

    On June 27, 2014, Greater Maricopa Foreign-Trade Zone, Inc., 
grantee of FTZ 277, submitted a notification of proposed production 
activity to the Foreign-Trade Zones (FTZ) Board on behalf of Maxwell 
Technologies, Inc., within Site 10, in Peoria, Arizona.
    The notification was processed in accordance with the regulations 
of the FTZ Board (15 CFR part 400), including notice in the Federal 
Register inviting public comment (79 FR 38488, 07/08/2014). The FTZ 
Board has determined that no further review of the activity is 
warranted at this time. The production activity described in the 
notification is authorized, subject to the FTZ Act and the Board's 
regulations, including Section 400.14.

    Dated: October 28, 2014.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2014-26092 Filed 10-31-14; 8:45 am]
BILLING CODE 3510-DS-P
```
<PAGE>

                                                                   EXHIBIT 10.17


                               AMENDMENT NO. 3 TO
                        CORN PRODUCTS INTERNATIONAL, INC.
                            1998 STOCK INCENTIVE PLAN

         Amendment No. 3, dated as of November 20, 2002 (this "Amendment"), to
the 1998 Stock Incentive Plan (the "Plan").

         WHEREAS, the Company established the Plan for the benefit of certain of
its employees;

         WHEREAS, the Company desires to amend the Plan in certain respects; and

         WHEREAS, the Board of Directors of the Company is authorized under
Section 5.2 of the Plan to amend the Plan.

         NOW, THEREFORE, pursuant to the power of amendment contained in Section
5.2 of the Plan, the Plan is hereby amended, effective immediately, as follows:

         Section 1.3 is hereby amended by adding the following paragraph to the
end of the current text of Section 1.3:

         "Notwithstanding anything in the Plan to the contrary, in accordance
with Section 157 of the Delaware General Corporation Law, the Committee may, by
resolution, authorize one or more executive officers of the Company to do one or
both of the following: (i) designate non-director and non-executive officer
employees of the Company or any of its subsidiaries to be recipients of rights
or options entitling the holder thereof to purchase from the Company shares of
its capital stock of any class or other awards hereunder; and (ii) determine the
number of such rights, options, or awards to be received by such non-director
and non-executive officer employees; provided, however, that the resolution so
authorizing such executive officer or officers shall specify the total number of
rights, options, or awards such executive officer or officers may so award. The
Committee may not authorize an executive officer to designate himself or herself
or any director or other executive officer of the Company to be a recipient of
any such rights, options, or awards."

         FURTHERMORE, the Board of Directors of the Company hereby delegates to
the Compensation and Nominating Committee of the Board of Directors all the
Board's rights, duties, responsibilities, and authority under Section 157 of the
Delaware General Corporation Law and authorizes the Committee to take action
pursuant to Section 157 on behalf of the Board of Directors and to authorize one
or more executive officers of the Company to take such action pursuant to
Section 157 as the Committee so determines.

         IN WITNESS WHEREOF, Corn Products International, Inc. has caused this
Amendment to be executed by its duly authorized officer on the day and year
first above written.

                                      CORN PRODUCTS INTERNATIONAL, INC.


                                      By: /s/ James J. Hirchak
                                          --------------------------------
                                          Vice President, Human Resources
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF DELAWARE 

BIANCA FRASER-JOHNSON and 

MICHAEL JOHNSON, 

Plaintiffs, 

v. 

C. R. BARD, INC., BARD PERIPHERAL 

VASCULAR, INC., CHRISTIANA CARE 

HEALTH SERVICES, INC., CHRISTIANA 

CARE HEALTH SYSTEM, INC., THOMAS 

BAUER, M.D., CYNTHIA HELDT, M.D., 

Defendants. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Case No: 1:15-cv-00968-LPS 

DEFENDANTS’ C. R. BARD, INC. AND BARD PERIPHERAL VASCULAR, INC.’S 

MOTION TO SEVER AND REMAND CLAIMS AGAINST DEFENDANTS 

CHRISTIANA CARE HEALTH SERVICES, INC., CHRISTIANA CARE HEALTH 

SYSTEM, INC., THOMAS BAUER, M.D., AND CYNTHIA HELDT, M.D. 

Pursuant to Federal Rule of Civil Procedure 21, Defendants C. R. Bard, Inc. and Bard 

Peripheral Vascular, Inc. (collectively “Bard” or “Bard Defendants”), by and through their 

undersigned counsel, hereby move the Court for an order severing and remanding the claims 

against Defendants Christiana Care Health Services, Inc., Christiana Care Health System, Inc., 

Thomas Bauer, M.D., and Cynthia Heldt, M.D. (collectively the “Health Care Defendants”) to 

the Superior Court of Delaware, New Castle County. The grounds for Motion are set forth in 

greater detail in the Opening Brief in Support of C. R. Bard, Inc. and Peripheral Vascular’s 

Motion to Sever and Remand Claims Against Defendants Christiana Care Health Services, Inc., 

Christiana Care Health System, Inc., Thomas Bauer, M.D., and Cynthia Heldt, M.D. filed 

concurrently herewith. 

Case 2:16-cv-00336-DGC Document 5 Filed 10/29/15 Page 1 of 2
2

Dated: October 29, 2015 Respectfully submitted, 

 REED SMITH LLP 

 /s/ Diana Rabeh 

 Diana Rabeh (No. 5790) 

 1201 Market Street, Suite 1500 

 Wilmington, DE 19801 

 Telephone: (302) 778-7500 

 Fax: (302) 778-7575 

 drabeh@reedsmith.com 

 Counsel for Defendants C.R. Bard, Inc. and 

 C.R. Bard Peripheral Vascular, Inc. 

 

Case 2:16-cv-00336-DGC Document 5 Filed 10/29/15 Page 2 of 2
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 998 Engrossed in House (EH)]

  1st Session

                               H. R. 998

_______________________________________________________________________

                                 AN ACT

                   For the relief of Lloyd B. Gamble.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  1st Session
                                H. R. 998

_______________________________________________________________________

                                 AN ACT

 
                   For the relief of Lloyd B. Gamble.

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

SECTION 1. APPROPRIATION OF FUNDS.

    (a) Payment.--The Secretary of the Treasury shall pay, out of any 
money in the Treasury not otherwise appropriated, to Lloyd B. Gamble of 
Fairfax, Virginia, the sum of $253,488.
    (b) Basis.--The payment required by subsection (a) shall be to 
compensate Lloyd B. Gamble for the injuries sustained by him as a 
result of the administration to him, without his knowledge, of lysergic 
acid diethylamide by United States Army personnel in 1957.

SEC. 2. SATISFACTION OF CLAIMS.

    The payment made pursuant to section 1 shall be in full 
satisfaction of all claims Lloyd B. Gamble may have against the United 
States for any injury described in such section.

SEC. 3. INELIGIBILITY FOR ADDITIONAL BENEFITS.

    Upon payment of the sum referred to in section 1, Lloyd B. Gamble 
shall not be eligible for any compensation or benefits from the 
Department of Veterans Affairs or the Department of Defense for any 
injury described in such section.

SEC. 4. LIMITATION OF AGENTS AND ATTORNEYS FEES.

    It shall be unlawful for an amount of more than 10 percent of the 
amount paid pursuant to section 1 to be paid to or received by any 
agent or attorney for any service rendered to Lloyd B. Gamble in 
connection with the benefits provided by this Act. Any person who 
violates this section shall be guilty of an infraction and shall be 
subject to a fine in the amount provided in title 18, United States 
Code.

            Passed the House of Representatives October 7, 1997.

            Attest:

                                                                 Clerk.
```