alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                                                    EXHIBIT 32.1

                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350


In connection with the Quarterly Report on Form 10-Q of Medwave, Inc. (the
"Company") for the quarterly period ended March 31, 2004, as filed with the
Securities and Exchange Commission on May 13, 2004 (the "Report"), the
undersigned, in the capacities and dates listed below, hereby certifies that:

     (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.

This Certification is provided solely pursuant to 18 U.S.C. Section 1350, and
Item 601(b)(32) of Regulation S-K promulgated under the Securities Act of 1933,
as amended, and shall not be deemed part of the Report or "filed" for any
purpose whatsoever, nor shall it be deemed incorporated by reference into any
filing under the Securities Act of 1933 or the Securities Exchange Act of 1934.



Date: May 13, 2004


                                       By: /s/ Timothy J. O'Malley
                                           -------------------------------------
                                           Timothy J. O'Malley
                                           President and Chief Executive Officer
                                           (Principal Executive Officer and
                                           Principal Financial Officer)


                                       16
EXHIBIT 10.25B


                  RESOLUTION ADOPTED BY THE BOARD OF DIRECTORS
                       OF THE UNITED ILLUMINATING COMPANY
                              ON DECEMBER 13, 1999
                       AMENDING SUBSECTION 6.01(b) OF THE
                      NON-EMPLOYEE DIRECTORS' COMMON STOCK
                         AND DEFERRED COMPENSATION PLAN


         RESOLVED:  That  effective  December  13, 1999,  the first  sentence of
         Subsection  6.01(b) of The  United  Illuminating  Company  Non-Employee
         Directors  Common  Stock and Deferred  Compensation  Plan be amended to
         read  as  follows:   (b)  The  number  of  Phantom  Stock  Units  in  a
         Participant's  Phantom  Stock  Account,  including  Phantom Stock Units
         credited as a result of reinvested dividends,  shall be calculated and,
         as elected by the Participant in accordance with Subsection  6.01(c) of
         the Plan: (1) Stock shall be distributed to the Participant,  either in
         a single  distribution  promptly after the date of such  termination of
         Service  or in  five  or ten  substantially  equal  annual  installment
         distributions (together with additional Phantom Stock Units credited as
         a result of reinvested  dividends) promptly after such termination date
         and on each of the several anniversaries  thereof; or (2) cash shall be
         distributed  to  the  Participant,  either  in  a  single  distribution
         promptly  after the date of such  termination  of Service or in five or
         ten substantially equal annual installment distributions (together with
         interest  on the  undistributed  amount,  credited in  accordance  with
         Subsection 5.02(a) of the Plan and payable annually,  in arrears,  with
         each annual  installment)  promptly after such  termination date and on
         the several  anniversaries  thereof, in an amount equal to the value of
         all of the  Phantom  Stock  Units in the  Participant's  Phantom  Stock
         Account on such termination  date,  calculated by reference to the Fair
         Market  Value of a share of Stock on such  date;  or (3) cash  shall be
         distributed  to the  Participant  in  five  or ten  annual  installment
         distributions  promptly  after the date of such  termination of Service
         and promptly after the several  anniversaries  thereof in amounts equal
         to the number of Phantom Stock Units in the Participant's Phantom Stock
         Account  on such  termination  date  divided by the  elected  number of
         installments  (together with additional Phantom Stock Units credited as
         a result of  reinvested  dividends  following  such  termination  date)
         multiplied  by the  Fair  Market  Value  of a share  of  Stock  on such
         termination date and each of the several anniversaries thereof.
No. 58726.

protests 228290-K, etc. (New York).

#### Air Clearance Ass’n, Inc., et al. *v.*United States,

Opinion by

Mollison, J.

The protests were dismissed.
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 the Annual Report of MMEX Mining Corporation (the "Company") on Form 10-K for the period ending April 30, 2011 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Jack W. Hanks, Principal Executive Officer and Principal Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to § 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; 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/ Jack W. HanksJack W. Hanks

Principal Executive Officer

Principal Financial Officer

August 11, 2011
Case No. 8,239.

#### LEMIX v. HARMONY SOCIETY.

[Cited in Nachtrieb v. Harmony Settlement, Case No. 10.008. Nowhere reported; opinion not now accessible.]

[Decided by GRIER, Circuit Justice.]
#### The People of the State of New York, Respondent, v George Glenn, Appellant.

[632 NYS2d 188]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (George, J.), rendered July 28, 1993, convicting him of manslaughter in the first degree and criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

*528The defendant contends that he is entitled to disclosure of the Grand Jury minutes so that he can determine whether exculpatory evidence was presented to the Grand Jury and whether the defense of justification was charged. However, the defendant’s potential challenges to the Grand Jury proceedings are not jurisdictional in nature and, thus, have been forfeited by the entry of his plea of guilty *(see, People v Peterson,*216 AD2d 591; *People v Warf,*208 AD2d 874; *People v Gerber,*182 AD2d 252, 259-261). In any event, the People were not obligated to present testimony supporting a potential justification defense to the Grand Jury, and their alleged failure to do so does not provide a compelling reason to depart from the general rule that Grand Jury proceedings remain secret *(see, People v Mitchell,*82 NY2d 509, 515; *People v Lancaster,*69 NY2d 20, 26; *Matter of District Attorney of Suffolk County,*58 NY2d 436).

The defendant pleaded guilty with the understanding that he would receive the sentence that was actually imposed. Thus, he has no basis to contend that his sentence is excessive *(see, People v Kazepis,*101 AD2d 816). Bracken, J. P., Sullivan, Friedmann and Krausman, JJ., concur.
<PAGE>

                                                                   EXHIBIT 10.21


          AMENDMENT NUMBER 1 TO MASTER LEASE AND FINANCING AGREEMENT

     THIS AMENDMENT NUMBER 1 TO MASTER LEASE AND FINANCING AGREEMENT (this
"Amendment") is dated as of this ____ day of January, 2000, by and between
Compaq Financial Services Corporation, a Delaware corporation ("Lessor"), and
AltaVista Company, a Delaware corporation ("Lessee").

                                  WITNESSETH:
WHEREAS:

     A.  Lessor and Lessee have entered into that certain Master Lease and
Financing Agreement Number 100749 dated November 24, 1999 (the "Master
Agreement") pursuant to which Lessor is willing to purchase and lease to Lessee,
certain equipment listed on Schedules thereto executed by Lessor and Lessee from
time to time. Capitalized terms used in this Amendment without definition have
the meanings assigned to them in the Master Agreement to which this Amendment is
attached and hereby made part thereof.

     B.  Lessee has requested, and Lessor has agreed to, certain modifications
to the Master Agreement.

     C.  The parties are entering into this Amendment for the purposes of
effecting such modifications.

     NOW, THEREFORE, for good and valuable consideration the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:

1.   Modifications to Master Agreement.
     ----------------------------------

     (A)  Exhibit A.

          The last sentence of Section 3 shall be deleted.

     (B)  Exhibit B.

          (a)  The last sentence of Section 4 shall be deleted.
          (b)  The last sentence of Section 5 shall be deleted.

     (C)  Exhibit C.

          The last sentence of Section 4 shall be deleted.

(2)  Definitions.  Unless otherwise defined herein, words and expressions
     -----------
     defined in the Master Agreement, as amended hereby, shall bear the same
     meanings when used herein.

(3)  No Other Amendment.  All other terms and conditions of the Master Agreement
     ------------------
     and any applicable Schedule shall remain in full force and effect and the
     Lease shall be read and construed as if the terms of this Amendment were
     included therein.
<PAGE>

(4)  GOVERNING LAW.  THIS AMENDMENT SHALL BE GOVERNED BY AND CONSTRUED IN
     -------------
     ACCORDANCE WITH THE LAWS OF THE STATE OF NEW JERSEY, WITHOUT REGARD TO
     CONFLICTS OF LAW PRINCIPLES.

     IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their respective duly authorized officers, and delivered the day and
year first written above.

LESSEE:                               LESSOR:
ALTAVISTA COMPANY                     COMPAQ FINANCIAL SERVICES
                                        CORPORATION


By:__________________________         By:_____________________________
Name: _______________________         Name: __________________________
Title: ______________________         Title: _________________________
August 10, 1953

No. 57464.

Suit 4741.

#### Schenley Distilleries, Inc. v. United States.

C. D. 1406 affirmed March 11, 1953. C. A. D. 519.
Before the First Division,

June 30, 1954

No. 58231.

protest 172554-K (New York).

#### B. Shackman & Co. and S. Stern Henry & Co. *v.*United States,

Opinion by

Oliver, C. J.

In accordance with stipulation of counsel that the merchandise consists of celluloid reindeer and celluloid sleds the same in all material respects as those the subject of Abstract 56902, the claim of the plaintiffs was sustained.
#### Italia Imports, Inc., et al., Appellants, v Weisberg & Lesk et al., Respondents, et al., Defendants. (And Three Third-Party Actions.)

[631 NYS2d 363]

—Order, Supreme Court, New York County (Ira Gammerman, J.), entered February 8, 1995, which granted defendants-respondents’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, with costs.

The unambiguous written engagement letter between plaintiff Italia Imports, Inc. ("Imports”) and defendant accounting firm, which covers the time frame when said plaintiff’s bookkeeper embezzled money from plaintiff, provides that the accounting firm would merely perform an annual compilation of Imports’ financial records based on information supplied by said plaintiff’s management without verification by the accounting firm. There was no agreement to perform a "review” or an "audit” of Imports’ financial condition. Moreover, the engagement letter expressly disclaimed any duty to discover wrongdoing and defalcations. Under these circumstances, it is clear that the accountants are not liable for failing to discover the defalcations of the bookkeeper. Further, there is no evidence defendants-respondents were negligent in their performance of any services for Imports. Finally, while plaintiffs argue that the accountants performed "extra services” and were thereby bound to a higher duty of care, there is no evi*227dence that the accountants performed any services that were not provided for in the engagement letter or implicitly related to the services noted in the engagement letter. Moreover, the clear engagement letter governs the terms of the parties’ relationship and, as a matter of law, cannot be altered by the alleged parol or extrinsic evidence *(see, Mariani v Dyer,*193 AD2d 456, *Iv denied*82 NY2d 658; *W.W.W. Assocs. v Giancontieri,*77 NY2d 157, 163). Concur—Sullivan, J. P., Wallach, Rubin, Ross and Nardelli, JJ.
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

MICHAEL MARTINEZ,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 134 EAL 2019

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 24th day of July, 2019, the Petition for Allowance of Appeal is 

DENIED.
Exhibit 32.1

CERTIFICATION

In connection with the periodic report of Fresenius Kabi
Pharmaceuticals Holding, Inc. (the Company) on Form 10-K for the year ending December 31, 2010 as filed with the Securities and Exchange Commission (the Report), I, John Ducker, Chief Executive Officer of the Company,
hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:



| | (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 at the dates and for
the periods indicated.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |  |  |                        
|----------------------- |  |  |  | -----------------------
|Date: February 22, 2011 |  |  |  | /S/ JOHN DUCKER        
|                        |  |  |  | John Ducker            
|                        |  |  |  | Chief Executive Officer

This certification accompanies this Report on Form 10-K pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemed filed by the
Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the Exchange Act). Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as
amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
<TABLE> <S> <C>


<ARTICLE>                     5
           
      
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>               DEC-31-1997
<PERIOD-START>                  APR-01-1997
<PERIOD-END>                    JUN-30-1997           
<CASH>                          57,382
<SECURITIES>                    0
<RECEIVABLES>                   250,000
<ALLOWANCES>                    0
<INVENTORY>                     0
<CURRENT-ASSETS>                333,813
<PP&E>                          2,893
<DEPRECIATION>                  91   
<TOTAL-ASSETS>                  1,557,446
<CURRENT-LIABILITIES>           836,470
<BONDS>                         0
<PREFERRED-MANDATORY>           0
<PREFERRED>                     55,035
<COMMON>                        197,717
<OTHER-SE>                      0
<TOTAL-LIABILITY-AND-EQUITY>    1,557,446
<SALES>                         0
<TOTAL-REVENUES>                0
<CGS>                           666,627
<TOTAL-COSTS>                   666,627
<OTHER-EXPENSES>                56,000
<LOSS-PROVISION>                0
<INTEREST-EXPENSE>              0
<INCOME-PRETAX>                 666,627
<INCOME-TAX>                    0
<INCOME-CONTINUING>             666,627
<DISCONTINUED>                  0
<EXTRAORDINARY>                 0
<CHANGES>                       0
<NET-INCOME>                    666,627 
<EPS-PRIMARY>                   0.039
<EPS-DILUTED>                   0.039
        


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

<ARTICLE> 5
<MULTIPLIER> 1,000
        
<S>                                       <C>
<PERIOD-TYPE>                 3-MOS
<FISCAL-YEAR-END>                            DEC-31-1999
<PERIOD-START>                               JAN-01-1999
<PERIOD-END>                                 MAR-31-1999
<CASH>                                            59,392
<SECURITIES>                                           0
<RECEIVABLES>                                          0
<ALLOWANCES>                                           0
<INVENTORY>                                       16,668
<CURRENT-ASSETS>                                  95,728
<PP&E>                                           673,344
<DEPRECIATION>                                   140,389
<TOTAL-ASSETS>                                   689,658
<CURRENT-LIABILITIES>                             88,196
<BONDS>                                            1,596
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                             748
<OTHER-SE>                                       587,160
<TOTAL-LIABILITY-AND-EQUITY>                     689,658
<SALES>                                          374,913
<TOTAL-REVENUES>                                 379,342
<CGS>                                            143,975
<TOTAL-COSTS>                                    314,063
<OTHER-EXPENSES>                                       0
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                                     0 
<INCOME-PRETAX>                                   44,025
<INCOME-TAX>                                      16,069
<INCOME-CONTINUING>                               27,956
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                      27,956
<EPS-PRIMARY>                                       0.38
<EPS-DILUTED>                                       0.37
        

</TABLE>
1

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ORDER

Page - 1

UNITED STATES DISTRICT COURT W.D. OF WASHINGTON AT TACOMA

UNITED STATES OF AMERICA,

Plaintiff,

v.

DALEA A. WALLACE,

Defendant.

Case No. CR06-0073 JPD

INITIAL ORDER RE:

ALLEGATIONS OF

VIOLATION OF

CONDITIONS OF

SUPERVISION

THIS MATTER comes on for an initial hearing on the Petition of the United States Probation

Office alleging that the defendant has violated the conditions of supervision.

The plaintiff appears through Special Assistant United States Attorney, KEN TYNDAHL;

The defendant appears personally and represented by counsel, LINDA SULLIVAN;

The U.S. Probation Office has filed a petition alleging violations of the terms and conditions of

 supervision, and the defendant has been advised of the allegation(s).

The court finds probable cause with regard to the allegation(s) and schedules a hearing on the

 petition to be held at the time and date below set forth before Judge JAMESP. DONOHUE.

Date of hearing: September 21, 2006

Time of hearing: 9:30 a.m.

 IT IS ORDERED that the defendant:

( ) Be released on an appearance bond, subject to the terms and conditions set forth thereon.

( x) Be detained for failing to show that he/she will not flee or pose a danger to any other person

 or the community pursuant to CrR 32.1(a)(1), and CrR 46(c), to be delivered as ordered by

 the court for further proceedings.

The clerks shall direct copies of this order to counsel for the United States, to counsel for the

defendant, the United States Marshal and to the United States Probation Office and/or Pretrial Services

Office.

September 18, 2006.

_/s/ J. Kelley Arnold ______________ J. Kelley Arnold, U.S. Magistrate Judge

Case 2:06-cr-00073 Document 23 Filed 09/18/06 Page 1 of 1
March 11, 1959

No. 62846.

#### Charles Garcia & Co., Inc. *v.*United States,

protests 307222-K(B), etc.

Motion by plaintiff granted.
UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

Pedro Dehoyos-Martinez, ) 

) 

Plaintiff, ) 

) 

v. ) 

) 

Department of Justice Bureau of Prisons ) 

) 

Defendant. ) 

Civil Action No. 

MEMORANDUM OPINION 

FILED 

NOV' 9 2009 

Clerk, U.S. District and 

Bankruptcy Courts 

09 2186 

This matter is before the court on the plaintiffs pro se complaint and application to 

proceed in forma pauperis. The application to proceed in forma pauperis will be granted and the 

complaint will be dismissed for lack of subject matter jurisdiction. 

The complaint seeks $5 million in damages under the Privacy Act, see Complaint at I, 5, 

and alleges that the plaintiff has suffered many adverse determinations because inaccurate 

information is maintained in his Inmate Central File, id. at 3, ~ 7; id. at 4, ~ 13. The Federal 

Bureau of Prisons has lawfully exempted the Inmate Central Record System from 5 U.S.C. 

§ 552(a)(g), the Privacy Act's provision permitting suit. See 28 C.F.R. § 16.97(a)(4) (exempting 

the Inmate Central Record System from the provisions of 5 U.S.c. § 552a(g), among other 

provisions of the Privacy Act). Because an individual's Inmate Central File is part of the Bureau 

of Prisons' Inmate Central Record System, there can be no suit against the Federal Bureau of 

Prisons for errors in records maintained in an individual's Inmate Central File. See Jennings v. 

Federal Bureau of Prisons, - - - F. Supp. 2d - - -, 2009 WL 3069729, *5-6 (D.D.C. Sept. 25, 

2009); Brown v. Bureau of Prisons, 498 F. Supp. 2d 298, 302-03 (D.D.C. 2007). Therefore, this 

complaint does not identify a cause of action arising under federal law and this court has no 
subject matter jurisdiction over this complaint. See 28 U.S.c. § 1331. Accordingly, this 

complaint must be dismissed. 

A separate order accompanies this memorandum opinion. 

Date: /0/1-'/0'1 

2
EXHIBIT 13.2

Certification by the Chief Financial Officer

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In
connection with the Annual Report of Youku.com Inc. (the Company) on Form 20-F for the year ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Dele Liu, 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 my knowledge:

(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: June 10, 2011



|    |  |              |  |                        
|--- |  | ------------ |  | -----------------------
|By: |  | /s/ Dele Liu
|    |  | Name:        |  | Dele Liu               
|    |  | Title:       |  | Chief Financial Officer