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

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

BRUCE PICKENS, Individually and On 

Behalf of All Others Similarly Situated, 

Plaintiff, 

v. 

DAIMLER AG, MERCEDES-BENZ, 

MERCEDES-BENZ, USA, LLC SAINTGOBAIN SEKURIT, AND NAPLETON 

AUTOWERKS OF INDIANA, INC., 

Defendants. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Case No. 1:20-cv-3470 

DEFENDANT NAPLETON AUTOWERKS OF INDIANA, INC.’S 

MOTION TO DISMISS, OR, ALTERNATIVELY, MOTION TO STRIKE 

 PLAINTIFF’S FIRST AMENDED COMPLAINT 

Defendant Napleton Autowerks of Indiana, Inc. (“Napleton”), pursuant to Federal Rules of 

Civil Procedure 8, 9(b), 12(b)(1), and 12(b)(6), respectfully moves to dismiss Plaintiff Bruce 

Pickens’ First Amended Complaint or, in the alternative, to strike the class allegations. Napleton 

files its Memorandum in Support contemporaneously with this motion, which it incorporates 

herein by reference, and also incorporates by reference and, as specifically set out in Napleton’s 

Memorandum in support, joins in the arguments set forth by co-defendant Mercedes-Benz USA, 

LLC (“MBUSA”) in support of its Motion to Dismiss the First Amended Complaint. See Dkt. 

Nos. 30, 31. 

WHEREFORE, for the reasons set forth in its Memorandum in Support, and for the reasons 

set forth in MBUSA’s Motion to Dismiss, Napleton respectfully requests that this Court dismiss 

Pickens’ First Amended Complaint and grant such other and further relief as this Court deems 

proper. 

Case: 1:20-cv-03470 Document #: 34 Filed: 09/18/20 Page 1 of 2 PageID #:315
- 2 - 

Respectfully submitted, 

By: Renato Mariotti

Renato Mariotti 

Holly H. Campbell 

THOMPSON COBURN LLP 

55 East Monroe, 37th Floor 

Chicago, Illinois 60603 

312.346.7500 

rmariotti@thompsoncoburn.com 

hcampbell@thompsoncoburn.com 

Daniel C. Cox 

Christopher M. Hohn 

Brandi L. Burke 

THOMPSON COBURN LLP 

One US Bank Plaza 

St. Louis, MO 

314.552.6000 

dcox@thompsoncoburn.com 

chohn@thompsoncoburn.com 

bburke@thompsoncoburn.com 

Attorneys for Defendant Napleton 

Autowerks of Indiana, Inc. 

CERTIFICATE OF SERVICE 

I hereby certify that on September 18, 2020, the foregoing was filed electronically with the 

Clerk of Court to be served by operation of the Court’s electronic filing system upon all counsel 

of record. 

 /s/Renato Mariotti 

Case: 1:20-cv-03470 Document #: 34 Filed: 09/18/20 Page 2 of 2 PageID #:316
IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

EMOJI COMPANY GmbH, )

)

Plaintiff, ) Case No.: 20-cv-4678

)

v. ) 

) Judge Andrea R. Wood

THE INDIVIDUALS, CORPORATIONS, ) 

LIMITED LIABILITY COMPANIES, )

PARTNERSHIPS AND )

UNINCORPORATED ASSOCIATIONS )

IDENTIFIED ON SCHEDULE A HERETO, )

) 

Defendants. )

STATUS REPORT

Plaintiff’s counsel submits this Status Report, prepared solely by Plaintiff’s counsel

because no appearances have yet been filed for any of the Defendants. 

A. Progress of Discovery. Plaintiff filed a motion for a temporary restraining order and 

related motions including a motion for leave to issue expedited discovery on August 

10, 2020, which motions are pending.

B. Status of Briefing on Any Unresolved Motions. The foregoing motions have been 

briefed by Plaintiff.

C. Settlement Efforts. Plaintiff shall engage in settlement discussions with Defendants 

upon entry of a temporary restraining order.

D. Proposed Schedule for Next 45 Days. See E. below.

E. Proposed Revised Discovery and Dispositive Motion Schedule. Plaintiff intends to 

move for entry of a preliminary injunction about 14 days after entry of a temporary 

restraining order and for entry of default judgment about 60 days thereafter.

F. Agreed Actions the Court Can Take Without a Hearing. The parties currently do not 

have any agreed actions the Court can take without a hearing. 

G. Service of Process. Defendants shall be served if and when a temporary restraining 

order is entered.

Case: 1:20-cv-04678 Document #: 22 Filed: 10/21/20 Page 1 of 3 PageID #:3160
-2-

Respectfully submitted, 

Dated: October 21, 2020 EMOJI COMPANY GmbH

By: s/ Michael A. Hierl _

Michael A. Hierl (Bar No. 3128021)

William B. Kalbac (Bar No. 6301771)

Hughes Socol Piers Resnick & Dym, Ltd.

Three First National Plaza

70 W. Madison Street, Suite 4000

Chicago, Illinois 60602

(312) 580-0100 Telephone

(312) 580-1994 Facsimile

mhierl@hsplegal.com

Attorneys for Plaintiff

EMOJI COMPANY GmbH

Case: 1:20-cv-04678 Document #: 22 Filed: 10/21/20 Page 2 of 3 PageID #:3161
-3-

CERTIFICATE OF FILING

The undersigned attorney hereby certifies that a true and correct copy of the foregoing 

Status Report was filed electronically with the Clerk of the Court and served on all counsel of 

record and interested parties via the CM/ECF system on October 21, 2020.

s/Michael A. Hierl

Case: 1:20-cv-04678 Document #: 22 Filed: 10/21/20 Page 3 of 3 PageID #:3162
<PAGE>

                                                                    EXHIBIT 10.3

                          SUMMARY OF ORAL AMENDMENT TO
        REAL PROPERTY PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS

On September 12, 2005, Hines Nurseries, Inc., a subsidiary of Hines
Horticulture, Inc., negotiated and entered into the Real Property Purchase and
Sale Agreement and Escrow Instructions (the "Agreement") with Quantum Ventures,
LLC to sell approximately 121.92 acres of unimproved property located at 17455
SW 157th Avenue, Miami-Dade County, Florida.

Effective on October 26, 2005, the parties orally agreed to amend the Agreement
pursuant to which the diligence period was extended until October 31, 2005 and
the closing date was extended to November 7, 2005.
**Exhibit 23.1**

 

**Consentof Independent Registered Accounting Firm**

** **

** **

We consent to the incorporation by reference in the RegistrationStatement on Form S-8 (File Number 333-123610) pertaining to the SymmetryMedical Inc. 2004 Employee Stock Purchase Plan of our report dated April 25,2006, with respect to the financial statements and schedules the SymmetryMedical Inc. 2004 Employee Stock Purchase Plan included in the Annual Report onForm 10-K, as amended, for the year ended December 31, 2005.

 

 

/s/ BKD, LLP

 

Fort Wayne, Indiana

April 25, 2006

 

----
Exhibit 3.1.1

MUELLER HOLDINGS (N.A.), INC.    CERTIFICATE OF AMENDMENT  OF  RESTATED CERTIFICATE OF INCORPORATION

*
* * * *

Mueller
Holdings (N.A.), Inc., a corporation organized and existing under and by virtue of the General Corporation Law of the State of Delaware,

DOES
HEREBY CERTIFY:

FIRST:
That the Board of Directors of said corporation, by the unanimous written consent of its members, filed with the minutes of the Board, adopted a resolution proposing and declaring
advisable the following amendment to the Certificate of Incorporation of said corporation:



SECOND:
That in lieu of a meeting and vote of stockholders, the stockholders have given written consent to said amendment in accordance with the provisions of Section 228 of the
General Corporation Law of the State of Delaware and written notice of the adoption of the amendment has been given as provided in Section 228 of the General Corporation Law of the State of
Delaware to every stockholder entitled to such notice.

THIRD:
That the aforesaid amendment was duly adopted in accordance with the applicable provisions of Sections 242 and 228 of the General Corporation Law of the State of Delaware.

IN
WITNESS WHEREOF, said corporation has caused this certificate to be signed by Dale Smith, its President and Chief Executive Officer, this 17th day of
November 2004.

| | /s/DALE SMITHDale Smith, President and Chief Executive Officer
| | --------------------------------------------------------------

| |  | State of Delaware
Secretary of State
Division of Corporations
Delivered 09:28 PM 11/24/2004
FILED 09:28 PM 11/24/2004
SRV 040851650 - 3054788 FILE
| |  | --------------------------------------------------------------------------------------------------------------------------------------------------

---



QuickLinks
#### LAXTON v. BETLER

No. 272P97

Case below: 126 N.C.App. 224

Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 23 July 1997.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                           7,364
<SECURITIES>                                         0
<RECEIVABLES>                                   45,568
<ALLOWANCES>                                   (2,141)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                52,595
<PP&E>                                          86,331
<DEPRECIATION>                                  55,330
<TOTAL-ASSETS>                                 212,170
<CURRENT-LIABILITIES>                           56,352
<BONDS>                                        230,418
<PREFERRED-MANDATORY>                           35,140
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                   (122,591)
<TOTAL-LIABILITY-AND-EQUITY>                   212,170
<SALES>                                        188,275
<TOTAL-REVENUES>                               188,275
<CGS>                                          143,599
<TOTAL-COSTS>                                  143,599
<OTHER-EXPENSES>                                36,765
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              17,624
<INCOME-PRETAX>                                (9,769)
<INCOME-TAX>                                       374
<INCOME-CONTINUING>                           (10,143)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (10,143)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
#### James C. MCNEILL, Plaintiff-Appellant, v. Sharon SNYDER, LPN; Elexia Craig, LPN, Defendants—Appellees, and Dennis VANBUREN, 2nd Shift Lieutenant; Benjamin Lea, 2nd Shift Sergeant; Mary Watson, RN; Ms. Royster, 2nd Shift C/O; Howard Crabtree, 2nd Shift C/O; Ashanti Williams, 2nd Shift C/O; James Williams, 2nd Shift C/O; Norwood, 2nd Shift C/O; Linda Morgan, 3rd Shift C/O, Defendants.

No. 04-7253.

United States Court of Appeals, Fourth Circuit.

Submitted Dec. 16, 2004.

Decided Dec. 22, 2004.

James C. McNeill, Appellant pro se. Deborrah Lynn Newton, Assistant Attorney General, Raleigh, North Carolina, for Appellees.

Before MICHAEL, KING, and SHEDD, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM.

James C. McNeill appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *See McNeill v. Vanburen,*No. CA-03-120-5BO (E.D.N.C. July 13, 2004). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*AFFIRMED*
**Exhibit 31.1**

 

**CERTIFICATIONS**

 

I, Don Early, certify that: 

 

1. I have reviewed this annual report on Form 10-K of QC Holdings, Inc.; 

 

2. Based on my knowledge, this annual report does not contain any untrue statement of a material fact or omit to state amaterial fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this annual report; 

 

3. Based on my knowledge, the financial statements, and other financialinformation included in this annual report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this annual report; 

 

4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrantand we have: 

 

(a) designed such disclosurecontrols and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period in which this annual report is being prepared; 

 

(b) [Reserved]; 

 

(c) evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this annual report ourconclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this annual report based on such evaluation; and 

 

(d) disclosed in this report any change in the registrant’s internal control over financial reportingthat occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and 

 

5. Theregistrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors(or persons performing the equivalent functions): 

 

(a) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize andreport financial information; and 

 

(b) anyfraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting. 

 

Dated: March 30, 2005
Case: 1:20-cv-04806 Document #: 297-1 Filed: 06/18/21 Page 1 of 2 PageID #:6958

Case: 1:20-cv-04806 Document #: 297-1 Filed: 06/18/21 Page 2 of 2 PageID #:6959
##### 



EXHIBIT 32.1

CERTIFICATION

Pursuant to 18 U.S.C. Section 1350, the undersigned officer of Vornado
Operating Company (the Company) hereby certifies, to such officers
knowledge, that the Companys Quarterly Report on Form 10-Q for the quarter
ended September 30, 2003 (the Report) fully complies with the requirements of
Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934
and that the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

|                 |  |        |                 |                         |  | 
|---------------- |  | ------ | --------------- | ----------------------- |  | 
|November 5, 2003 |  |        | /s/ STEVEN ROTH |                         | 
|                 |  |       
|                 |  | Name:  |                 | Steven Roth             |  | 
|                 |  | Title: |                 | Chief Executive Officer |  |
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Reserve System

                    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841*et seq.*) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.                

The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than December 15, 2014.

A. Federal Reserve Bank of Atlanta (Chapelle Davis, Assistant Vice President) 1000 Peachtree Street NE., Atlanta, Georgia 30309:

1. IBERIABANK Corporation, Lafayette, Louisiana, to merge with Old Florida Bancshares, Inc., Orlando, Florida, and thereby acquire its two subsidiaries, Old Florida Bank and New Traditions Bank, both in Orlando, Florida.

Board of Governors of the Federal Reserve System, November 17, 2014.

Michael J. Lewandowski,

Associate Secretary of the Board.

[FR Doc. 2014-27479 Filed 11-19-14; 8:45 am]

BILLING CODE 6210-01-P
In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-1927V 

(not to be published)

KIMBERLY SMYTH,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran

Filed: November 8, 2019

Special Processing Unit (SPU); 

Attorney’s Fees and Costs

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for 

Petitioner.

Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS1

On December 12, 2017, petitioner filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2

(the 

“Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine 

administration (“SIRVA”) after receiving an influenza (“flu”) vaccination on November 25, 

2016. (Petition at 1). On April 25, 2019, a decision was issued by then-Chief Special 

Master Dorsey, awarding compensation to Petitioner based on the Respondent’s proffer. 

(ECF No. 36). 

Petitioner has now filed a motion for attorney’s fees and costs, dated October 22, 

2019, (ECF No. 42), requesting a total award of $26,793.32 (representing $25,153.80 in 

 

1 Although I have not designated this Decision for publication, it will be made availabl39.53e on the United 

States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. 44 U.S.C. § 

3501 note (2012) (Federal Management and Promotion of Electronic Government Services). In accordance 

with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, 

the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that 

the identified material fits within this definition, I will redact such material from public access. 

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.
2

fees and $1,639.52 in costs). In accordance with General Order #9, counsel for 

Petitioner’s counsel filed a signed statement that Petitioner has incurred no out-of-pocket 

expenses. (Id. at 2). Respondent did not file a response thereafter. 

I have reviewed the billing records submitted with Petitioner’s request. In my 

experience, the request appears reasonable, and I find no cause to reduce the requested 

hours or rates. 

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. § 

15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorneys’ fees and costs. I 

award a total of $26,793.32 (representing $25,153.80 in attorney’s fees and $1,639.52 in 

costs) as a lump sum in the form of a check jointly payable to Petitioner and his/her 

counsel, Leah VaSahnja Durant, Esq. In the absence of a timely-filed motion for review 

(see Appendix B to the Rules of the Court), the Clerk shall enter judgment in accordance 

with this decision.3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

 

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice 

renouncing their right to seek review.
|Exhibit 32.2
|------------

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Mercari Communications Group, Ltd. on Form 10-Q for the period ending November 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John P. Kanouff, Treasurer/Chief Financial 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, to the best of my knowledge and belief:

| | (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 result of operations of the Company.



|/s/ John P. KanouffJohn P. KanouffTreasurer(Principal Financial Officer)
|------------------------------------------------------------------------



|December 8, 2008
|----------------

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement 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.



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