alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

CHIEF OF STAFF LLC, Individually and 

on Behalf of All Others Similarly Situated, 

 Plaintiff, 

vs. 

HISCOX INSURANCE COMPANY INC., 

 Defendant 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

Civil Action No. 1:20-cv-03169 

JUDGE GARY S. FEINERMAN 

MAGISTRATE JUDGE MARIA VALDEZ 

ORAL ARGUMENT REQUESTED 

* * * * * * * * * * * * * * * * * * * 

DEFENDANT HISCOX INSURANCE COMPANY, INC.’S 

RULE 12(b)(6) MOTION TO DISMISS 

Defendant Hiscox Insurance Company, Inc. (“Hiscox”) moves the Court to dismiss the 

first amended complaint filed by plaintiff Chief of Staff, LLC (“COS”), pursuant to Rule 12(b)(6) 

of the Federal Rules of Civil Procedure. In this insurance-coverage dispute, COS seeks payment 

for coronavirus-related business interruption losses, but, as explained more fully in the 

accompanying memorandum and attached exhibits, COS’s policy does not cover, and in fact 

excludes, the losses as a matter of law. 

Considering Hiscox’s arguments and its supporting exhibits, this court should find COS 

has failed to state a claim for relief on behalf of itself or the purported class as a matter of law and 

dismiss COS’s first amended class-action complaint. 

 

Case: 1:20-cv-03169 Document #: 31 Filed: 08/07/20 Page 1 of 3 PageID #:233
 2 

Respectfully submitted, 

Defendant Hiscox Insurance Company, Inc. 

/s/Peter J. Valeta _________ 

Peter J. Valeta (3128282) 

Wendy N. Enerson (6272377) 

COZEN O’CONNOR 

123 North Wacker Drive, Suite 1800 

Chicago, Illinois 60606 

Phone: (312) 474-7981 

Phone: (312) 382-3162 

Email: pvaleta@cozen.com 

wenerson@cozen.com 

Judy Y. Barrasso, La. Bar No. 02814 (PHV) 

Celeste Coco-Ewing, La. Bar No. 25002 (PHV) 

Chloé M. Chetta, La. Bar No. 37070 (PHV) 

BARRASSO USDIN KUPPERMAN 

 FREEMAN & SARVER, L.L.C. 

909 Poydras Street, Suite 2350 

New Orleans, LA 70112 

Main: 504-589-9700 

Email: jbarrasso@barrassousdin.com 

ccoco-ewing@barrassousdin.com 

cchetta@barrassousdin.com 

 

Case: 1:20-cv-03169 Document #: 31 Filed: 08/07/20 Page 2 of 3 PageID #:234
 3 

CERTIFICATE OF SERVICE 

I hereby certify that on August 7, 2020, I electronically filed the foregoing document with 

the Clerk of the Court by using the CM/ECF system, which will send a notice of filing to: 

Attorneys for Plaintiffs: 

Frank Anthony Richter 

Robbins Geller Rudman & Dowd 

200 S. Wacker 

31st Floor 

Chicago, IL 60606 

312-674-4674 

Email: frichter@rgrdlaw.com 

James E Barz 

Robbins Geller Rudman & Dowd LLP 

200 S. Wacker Drive 

Suite 3100 

Chicago, IL 60606 

(312) 674-4674 

Email: jbarz@rgrdlaw.com 

Stephen A Weiss 

Seeger Weiss LLP 

77 Water Street - 8th Floor 

New York, NY 10005 

212-584-0700 

Email: sweiss@seegerweiss.com 

Stuart Andrew Davidson 

Robbins Geller Rudman & Dowd Llp 

120 E. Palmetto Park Road 

Suite 500 

Boca Raton, FL 33432 

(561) 750-3000 

Email: sdavidson@rgrdlaw.com 

/s/ Peter J. Valeta_______________________ 

Case: 1:20-cv-03169 Document #: 31 Filed: 08/07/20 Page 3 of 3 PageID #:235
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<PAGE>
                                                                    Exhibit 99.2




INDEPENDENT ACCOUNTANTS' REPORT

To the Board of Directors
Navistar Financial Retail Receivables Corporation:

We have examined management's assertion that Navistar Financial Corporation (the
"Company") has complied as of and for the year ended October 31, 2004, with its
established minimum servicing standards described in the accompanying
Management's Assertion Concerning Compliance dated January 31, 2005, for the
servicing of the receivables for the Navistar Financial 2002-B Owner Trust. The
Company's management is responsible for compliance with those minimum servicing
standards. Our responsibility is to express an opinion on management's assertion
about the Company's compliance based on our examination.

Our examination was conducted in accordance with attestation standards
established by the American Institute of Certified Public Accountants and,
accordingly, included examining, on a test basis, evidence about the Company's
compliance with its minimum servicing standards and performing such other
procedures as we considered necessary in the circumstances. We believe that our
examination provides a reasonable basis for our opinion. Our examination does
not provide a legal determination on the Company's compliance with its minimum
servicing standards.

Our examination disclosed the following material noncompliance with the
Company's minimum servicing standards. The Company was noncompliant with the
requirement that custodial bank accounts and related bank clearing accounts are
reconciled within 45 days after the cutoff date as specified in item I.1.b in
the minimum servicing standards.

In our opinion, except for the noncompliance described in the preceding
paragraph, management's assertion that the Company complied with the
aforementioned minimum servicing standards as of and for the year ended October
31, 2004 is fairly stated, in all material respects based on the criteria set
forth in Appendix I.



/s/ DELOITTE & TOUCHE LLP
    Deloitte & Touche LLP
    Chicago, IL


January 31, 2005
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 143 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                           May 7, 1997.
    Resolved, That at any time after the adoption of this resolution the Speaker 
may, pursuant to clause 1(b) of rule XXIII, declare the House resolved into the 
Committee of the Whole House on the state of the Union for consideration of the 
bill (H.R. 3) to combat violent youth crime and increase accountability for 
juvenile criminal offenses. The first reading of the bill shall be dispensed 
with. General debate shall be confined to the bill and shall not exceed one hour 
equally divided and controlled by the chairman and ranking minority member of 
the Committee on the Judiciary. After general debate the bill shall be 
considered for amendment under the five-minute rule. It shall be in order to 
consider as an original bill for the purpose of amendment under the five-minute 
rule the amendment in the nature of a substitute recommended by the Committee on 
the Judiciary now printed in the bill. The committee amendment in the nature of 
a substitute shall be considered as read. Points of order against the committee 
amendment in the nature of a substitute for failure to comply with clause 5(a) 
of rule XXI are waived. No amendment to the committee amendment in the nature of 
a substitute shall be in order except those printed in the report of the 
Committee on Rules accompanying this resolution. Each amendment may be 
considered only in the order printed in the report, may be offered only by a 
Member designated in the report, shall be considered as read, shall be debatable 
for the time specified in the report equally divided and controlled by the 
proponent and an opponent, shall not be subject to amendment except as specified 
in the report, and shall not be subject to a demand for division of the question 
in the House or in the Committee of the Whole. The Chairman of the Committee of 
the Whole may: (1) postpone until a time during further consideration in the 
Committee of the Whole a request for a recorded vote on any amendment; and (2) 
reduce to five minutes the minimum time for electronic voting on any postponed 
question that follows another electronic vote without intervening business, 
provided that the minimum time for electronic voting on the first in any series 
of questions shall be fifteen minutes. At the conclusion of consideration of the 
bill for amendment the Committee shall rise and report the bill to the House 
with such amendments as may have been adopted. Any Member may demand a separate 
vote in the House on any amendment adopted in the Committee of the Whole to the 
bill or to the committee amendment in the nature of a substitute. The previous 
question shall be considered as ordered on the bill and amendments thereto to 
final passage without intervening motion except one motion to recommit with or 
without instructions.
            Attest:

                                                                          Clerk.
```
ILND 450 (Rev. 10/13) Judgment in a Civil Action

IN THE UNITED STATES DISTRICT COURT

FOR THE 

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

Edward Trinidad,

Plaintiff(s),

v.

Andrew Saul,

Defendant(s).

Case No. 20 cv 2996

Judge Maria Valdez

JUDGMENT IN A CIVIL CASE

Judgment is hereby entered (check appropriate box):

in favor of plaintiff(s)

and against defendant(s)

in the amount of $ ,

which includes pre–judgment interest. 

does not include pre–judgment interest.

Post-judgment interest accrues on that amount at the rate provided by law from the date of this judgment. 

Plaintiff(s) shall recover costs from defendant(s).

in favor of defendant(s) 

and against plaintiff(s)

.

Defendant(s) shall recover costs from plaintiff(s).

other: Judgment be entered reversing the Commissioner's decision with remand to the agency for 

further proceedings, pursuant to the fourth sentence of 42 U.S.C. section 405(g).

This action was (check one):

tried by a jury with Judge presiding, and the jury has rendered a verdict. 

tried by Judge without a jury and the above decision was reached. 

decided by Judge Maria Valdez on a motion.

Date: 11/30/2021 Thomas G. Bruton, Clerk of Court

Lisa K. Provine , Deputy Clerk

Case: 1:20-cv-02996 Document #: 26 Filed: 11/30/21 Page 1 of 1 PageID #:678
UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

EUGENE SCALIA, ) 

Secretary of Labor, ) 

United States Department of Labor, ) 

 ) 

 Plaintiff, ) 

 ) Civil action no.: 1:20-cv-02838 

 v. ) 

 ) 

BY YOUR SIDE HOME CARE ) 

SERVICES, INC.; RUFINO ) 

LUGOD, JR., an individual; JULIET )

QUIJANO, an individual; MARIA )

LUGOD, an individual; and )

JUANITO QUIJANO, JR., an ) 

individual, )

 ) 

 Defendants. ) 

JOINT MOTION REQUESTING 

APPROVAL OF CONSENT JUDGMENT 

 Plaintiff, EUGENE SCALIA, Secretary of Labor, United States Department of Labor 

("Plaintiff"), filed a complaint against Defendants BY YOUR SIDE HOME CARE 

SERVICES, INC.; RUFINO LUGOD, JR., an individual; JULIET QUIJANO, an individual;

MARIA LUGOD, an individual; and JUANITO QUIJANO, JR., an individual, (hereinafter 

collectively, “Defendants”), alleging violations of sections 7, 11 and 15 of the Fair Labor 

Standards Act of 1938, as Amended, 29 U.S.C. § 201 et. seq. (“the Act”). Plaintiff and 

Defendants have signed a consent judgment, attached hereto and resolving all claims in the 

complaint, and respectfully request entry by the Court.1 

 

1

 Plaintiff will submit a Word version of the consent judgment to the court as a Proposed Order via e-mail. 

Case: 1:20-cv-02838 Document #: 22 Filed: 10/26/20 Page 1 of 2 PageID #:58
2 

Dated: October 26, 2020 

Respectfully submitted, 

 

 

KATE S. O’SCANNLAIN 

 Solicitor of Labor 

 CHRISTINE Z. HERI 

 Regional Solicitor 

 

 /s/ David Tanury 

 DAVID TANURY 

 

 U.S. Department of Labor 

 Office of the Solicitor 

 230 South Dearborn Street, 

 Room 844 

Chicago, Illinois 60604 

Telephone: 312-353-4454 

Facsimile: 312-353-5698 

Email: tanury.david.j@dol.gov 

/s/ Jeffrey S. Keller 

JEFFREY S. KELLER 

Attorney for All Defendants 

 

Jeffrey S. Keller, Esq. 

Keller Law Group, LLC 

400 E. Diehl Road, Suite300 

Naperville, Illinois 60563 

Tel. (630) 505-1515 

j.keller@lawkeller.com

Case: 1:20-cv-02838 Document #: 22 Filed: 10/26/20 Page 2 of 2 PageID #:59
1

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 43594

STATE OF IDAHO,

Plaintiff-Respondent,

v.

MARK M. ALDERS,

Defendant-Appellant.

)

)

)

)

)

)

)

)

)

)

2016 Unpublished Opinion No. 416

Filed: March 4, 2016

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada

County. Hon. Melissa Moody, District Judge. 

Judgment of conviction and unified sentence of seven years, with a minimum 

period of confinement of three years, for one count of possession of 

methamphetamine, affirmed.

Sara B. Thomas, State Appellate Public Defender; Andrea W. Reynolds, Deputy 

Appellate Public Defender, Boise, for appellant. 

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney 

General, Boise, for respondent. 

________________________________________________

Before GUTIERREZ, Judge; GRATTON, Judge;

and HUSKEY, Judge

________________________________________________

PER CURIAM

Mark M. Alders pled guilty to one count of possession of methamphetamine, Idaho Code 

§ 37-2732(c). The district court imposed a unified sentence of seven years, with three years 

determinate. Alders appeals, contending that his sentence is excessive.

Sentencing is a matter for the trial court’s discretion. Both our standard of review and the 

factors to be considered in evaluating the reasonableness of the sentence are well established and 

need not be repeated here. See State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 1014-

15 (Ct. App. 1991); State v. Lopez, 106 Idaho 447, 449-51, 680 P.2d 869, 871-73 (Ct. App. 
2

1984); State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing 

the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver, 144 Idaho 

722, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record 

in this case, we cannot say that the district court abused its discretion.

Therefore, Alders’ judgment of conviction and sentence are affirmed.
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-30597

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JACKIE THOMPSON,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 01-CR-325-ALL

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

February 20, 2003

Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges. 

PER CURIAM:*

The Federal Public Defender appointed to represent Jackie

Thompson has moved to withdraw and has filed a brief as required

by Anders v. California, 386 U.S. 738 (1967). Thompson has not

filed a response. Our independent review of the record discloses

no nonfrivolous issue. Accordingly, counsel's motion to withdraw

is GRANTED. Counsel is excused from further responsibilities

herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.
Exhibit 31.1
                                  CERTIFICATION

I, Charles M. Weaver, certify that:

         1.       I have reviewed this annual report on Form 10-K in respect of
                  the Corporate Backed Trust Certificates, Goldman Sachs Capital
                  I Securities-Backed Series 2004-7 Trust (the "Trust") and all
                  reports on Form 8-K containing distribution or servicing
                  reports of the Trust filed in respect of periods included in
                  the year covered by this annual report of the Trust;

         2.       Based on my knowledge, the information in these reports, taken
                  as a whole, 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 as of the last
                  day of the period covered by this annual report;

         3.       Based on my knowledge, the distribution or servicing
                  information required to be provided to the Depositor by the
                  Trustee under the pooling and servicing or similar agreement,
                  for inclusion in these reports is included in these reports;

         4.       I am responsible for reviewing the activities performed by the
                  Depositor and the Trustee under the pooling and servicing or
                  similar agreement and based upon my knowledge and the annual
                  compliance review required under that agreement, and except as
                  disclosed in the reports, the Depositor and Trustee have each
                  fulfilled its obligations under that agreement; and

         5.       This annual report discloses all significant deficiencies
                  relating to the compliance by the Trustee and the Depositor
                  with the minimum servicing or similar standards based upon the
                  report provided by an independent public accountant, after
                  conducting a review in compliance with the Uniform Single
                  Attestation Program for Mortgage Bankers or similar procedure,
                  as set forth in the pooling and servicing or similar agreement
                  that is included in this annual report.

In giving the certifications above, I have reasonably relied on information
provided to me by the following unaffiliated party: U.S. Bank Trust National
Association, as Trustee.



         Date: March 27, 2006

         /s/ CHARLES M. WEAVER
----------------------------------------
Charles M. Weaver, Senior Vice President
**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**

 

In connection with Amendment No. 2 to the Annual Report on Form 10-K of Inland Real Estate Corporation (the “Company”) for the year ended December 31, 2011, as filed with the Securities and Exchange Commission (the “Report”), Mark E. Zalatoris certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his knowledge:

 

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.

 
| Date:     February 28, 2012 | By:    | /s/   MARK E. ZALATORIS                 |
|--------------------------------------------|--------|-----------------------------------------|
|                                       | Name:  | Mark   E. Zalatoris                     |
|                                       | Title: | President   and Chief Executive Officer |

 

This certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.  A signed original of this written statement required by Section 906 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.

 

----