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

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

JUNE 8, 2006

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 05-15927

________________________

D. C. Docket No. 04-00725 CV-ORL-JA-JGG

STEPHEN H. GOLDMAN,

Plaintiff-Appellant,

versus

BRACEWELL & GIULIANI, L.L.P.,

a Texas limited liability partnership,

NANCY A. WODKA, et al.,

Defendants-Appellees.

________________________

Appeal from the United States District Court

for the Middle District of Florida

_________________________

(June 8, 2006)

Before BLACK, PRYOR and COX, Circuit Judges.

PER CURIAM:

Stephen H. Goldman sued Bracewell & Giuliani, LLP, Nancy A. Wodka, and

John R. Brantley (collectively, “Bracewell & Giuliani”) for legal malpractice, breach
In an effort to muster some evidence of causation, Goldman argues that the district court

1

abused its discretion in striking a privilege log and expert testimony that he offered in support of his

claims. We find no abuse of discretion in either evidentiary ruling.

2

of fiduciary duty, and negligent misrepresentation. Bracewell & Giuliani represented

DPT, a company in which Goldman was the majority shareholder, in a sale of DPT

to Adaptec. The district court granted summary judgment for Bracewell & Giuliani,

finding that Goldman failed to raise a genuine issue of material fact as to the

causation element of each of the alleged torts. Goldman appeals. We affirm.

The record supports the district court’s finding that Goldman failed to present

competent evidence that Bracewell & Giuliani proximately caused any damage to

Goldman. Assuming arguendo that Bracewell & Giuliani breached duties to

Goldman, Goldman still could not succeed in recovering on his tort claims because

he presented no competent evidence that the sale of DPT would have gone forward

at more than $184 million. 

1

On appeal, Goldman makes another argument that, even if the district court

were correct with regard to the causation of damages resulting from the sale of DPT,

its grant of summary judgment is erroneous because it forecloses his recovery of over

$4 million in attorneys’ fees and costs, causation of which is proven by the fact that

he incurred these fees and costs in defense of an arbitration arising out of the sale of

DPT. After reviewing the record, we find that, despite the facts that Bracewell &
3

Giuliani filed a “Dispositive Motion for Summary Judgment” in the district court and

argued therein that all of Goldman’s claims failed for lack of causation and damages,

Goldman failed to respond by identifying the issues of causation or damages

regarding attorneys’ fees and costs. Therefore, this argument is waived; we will not

consider it on appeal. See Stavropoulos v. Firestone, 361 F.3d 610, 616 n.6 (11th Cir.

2004).

AFFIRMED.
Exhibit 10.1
 EXECUTION VERSION
 AMENDMENT NO. 1
  SECOND AMENDED AND RESTATED
CREDIT AGREEMENT AND GUARANTY
 AMENDMENT NO. 1 Amendment Borrower Designers Item-Eyes Guarantors Banks Agent
 RECITALS
 Credit
Agreement
  Schedule 10.01
  Definitions
 Amendments to the Credit Agreement
  plus




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##### 



Section 9.09 Dividends.
  2




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##### 



Section 9.10 Restricted Payments. except that provided that
 Schedule 10.01
 Acknowledgments, Confirmations and Consent
   Representations and Warranties
   3




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##### 



Effectiveness of Amendment
 Miscellaneous
       4




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##### 



HAMPSHIRE GROUP, LIMITED, as Borrower, a Letter
of Credit Account Party and a GuarantorBy:
    /s/ Jonathan W. NorwoodName:
    Jonathan W. NorwoodTitle:
    TreasurerHAMPSHIRE DESIGNERS, INC., as a Letter of Credit
Account Party and a GuarantorBy:
    /s/ Jonathan W. NorwoodName:
    Jonathan W. NorwoodTitle:
    TreasurerITEM-EYES, INC., as a Letter of Credit
Account Party and a GuarantorBy:
    /s/ Jonathan W. NorwoodName:
    Jonathan W. NorwoodTitle:
    Treasurer




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##### 



HSBC BANK USA, NATIONAL ASSOCIATION,as a Bank,
as Letter of Credit Issuing Bank and as AgentBy:
    /s/ Edward ChonkoName:
    Edward ChonkoTitle:
    Vice President




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##### 



JPMORGAN CHASE BANK, N.A.,as a BankBy:
    /s/ Paul V. PhelanName:
    Paul V. PhelanTitle:
    Senior Vice President




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##### 



WELLS FARGO BANK, NATIONAL
ASSOCIATION
(successor by merger to Wachovia Bank, National
Association), as a BankBy:
    /s/ Jeffrey R. StottlerName:
    Jeffrey R. StottlerTitle:
    Senior Vice President




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##### 



BANK LEUMI USA,as a BankBy:
    /s/ Paul J. DeChagasName:
    Paul J. DeChagasTitle:
    Vice President
ANNUAL STATEMENT AS TO COMPLIANCE

COMM 2013-CCRE8

The undersigned, David Co, a Director of Deutsche Bank Trust
Company Americas, as the Certificate Administrator (a “Certifying Servicer”) under the Pooling and Servicing Agreement,
dated as of June 1, 2013 (the “Agreement”), by and among, Deutsche Mortgage & Asset Receiving Corporation, as Depositor,
Midland Loan Services, a Division of PNC Bank, National Association, as Master Servicer, Midland Loan Services, a Division of PNC
Bank, National Association, as Special Servicer, U.S. Bank National Association, as Trustee, Deutsche Bank Trust Company Americas,
as Certificate Administrator, Paying Agent and Custodian, and Park Bridge Lender Services LLC, as Operating Advisor, here by certifies
in accordance with Section 10.11 of the Agreement:



| | A) | A review of such Certifying Servicer’s activities from January 1, 2017 to December 31, 2017 (the “reporting period”)
and of such Certifying Servicer’s performance under the Agreement has been made under such officer’s supervision and
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

| | B) | That, as to the best of such officer’s knowledge, based on such review, such Certifying Servicer has fulfilled all its
obligations under the Agreement, in all material respects throughout the reporting period.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------





DEUTSCHE BANK TRUST COMPANY AMERICAS

as Certificate Administrator





BY: David Co

Title: Director

Date: March 1, 2018