alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MIGUEL PACHECO

- ASCENCIO,

Petitioner,

v.
JEFFERSON B. SESSIONS III, Attorney General,

Respondent. No. 14

- 70814

Agency No. A097

- 764

- 958

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted August 30, 2017 Seattle, Washington

Before: HAWKINS and McKEOWN, Circuit Judges, and FOOTE, ** District Judge.

Miguel Pacheco

- Ascencio , a native and citizen of Mexico, petitions for

review of the Board of Immigration Appeals' order dismissing his appeal from an

immigration judge's decision denying his application for withholding of removal

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The Honorable Elizabeth E. Foote, United States Dist rict Judge for the Western District of Louisiana, sitting by designation. 

# FILED

OCT 18 2017

MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 14

- 70814

and protection under the Convention Against Tort ure (“CAT”). Reviewing the
agency’s factual findings for substantial evidence, Wakkary v. Holder , 558 F.3d

1049, 1056 (9th Cir. 2009), we deny the petition for review.

As to withholding of removal based on past persecution, substantial
evidence supports the agency’s conclusion that a fundamental change in

circumstance rebutted the presumption of future persecution. See 8 C.F.R. §
1208.16(b)(1); see also Singh v. Holder , 753 F.3d 826 (9th Cir. 2014)

. More than

two decades ha ve passed since Pacheco has seen his father
, and there was no

evidence that his father would recognize him

. S ubstantial evidence also supports
the agency’s conclusion that Pacheco did not independently establish a clear

probability of future persecution. See Hoxha v. Ashcroft , 319 F. 3d 1179, 1185 (9th

Cir. 2003). In light of these dispositive findings, we reject Pacheco’s argument

that the agency violated due process by failing to consider a nexus between future

harm and the social groups he proposed. S ee Lata v. I.N.S. , 204 F.3d 1241, 1246

(9th Cir. 2000) (noting that a petitioner must show both error and substantial

prejudice to prevail on a due process challenge).
As to Pacheco’s claim based on his membership in the Tarasco indigenous

group, substanti al evidence supports the agency’s determination that it is not more

likely than not that Pacheco will be persecuted on this basis. Substantial evidence

also supports the conclusion that Pacheco failed to show a pattern or practice of3 14

- 70814

persecution against t he Tarasco in Mexico. See Wakkary , 558 F.3d at 1061.

A ccordingly, substantial evidence supports the agency's denial of withholding of

removal.

Substantial evidence also supports the agency's denial of CAT relief because

Pacheco failed to establish that it is more likely than not he will be tortured with

the participation or acquiescence of a government official or person acting in an

official capacity if he returns to Mexico

. See id. at 1067

- 68.
Accordingly, the petition is DENIED

.
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#### In the Matter of Kenneth Ellman, Appellant.

—Appeal by Kenneth Ellman from an order of the Family Court, Westchester County (Facelle, J.), entered August 7, 1984, which summarily held him in criminal contempt of court and fined him the sum of $100.

Appeal dismissed, without costs or disbursements. *(See, Matter of Ellman,*177 AD2d 803.) Gibbons, J. P., Brown, Lawrence and Kooper, JJ., concur.
Filed by Bowne Pure Compliance





Exhibit 10.3




Summary of Board and Committee Compensation




On November 20, 2008, the Board of Directors of the Company approved director fees,
committee member fees and chairperson fees to be paid to
non-management directors of the Company in the current fiscal year. There
was no increase or decrease in board or committee fees from the fees paid in the prior fiscal year.
Director fees, committee fees and chairperson fees are only paid to non-management directors as
summarized below:



Each non-management director will receive a director fee of $10,000 per Board
meeting attended in person or by tele-conference, paid quarterly and not to exceed
$40,000 per year.



Each non-management director who serves on a committee of the Board of Directors
will receive a fee of $1,250 per committee meeting attended in person or by
tele-conference, paid quarterly and not to exceed $5,000 per year.



Each non-management director who serves the chairperson of a committee of the Board
of Directors shall receive a fee of $625 per committee meeting attended in person or
by tele-conference, paid quarterly and not to exceed $2,500 per year.
<TABLE>
<S>          <C>        <C>         <C>            <C>           <C>         <C>


                                                                                                                      EXHIBIT 99.1

                            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 Quarterly Report of Unified Financial Services, Inc. (the "Company") on
Form 10-Q for the period ended September 30, 2002 (the "Report"), I, John S. Penn, Chief Executive
Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002, that to the best of 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.


                                                      /s/ John S. Penn
                                                     --------------------------------------------------------------
                                                     John S. Penn, Chief Executive Officer of
                                                     Unified Financial Services, Inc.

                                                     November 8, 2002


         This certificate 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.

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

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                              32
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                    32
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                      32
<CURRENT-LIABILITIES>                            86131
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        318436
<OTHER-SE>                                    (318436)
<TOTAL-LIABILITY-AND-EQUITY>                        32
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 45527
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (45527)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (45527)
<DISCONTINUED>                                 1061712
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   1016185
<EPS-PRIMARY>                                     2.77
<EPS-DILUTED>                                        0
        

</TABLE>
Document

Exhibit 10.1
FIRST AMENDMENT
TO
CO-DEVELOPMENT, SUPPLY AND COMMERCIALIZATION AGREEMENT
THIS FIRST AMENDMENT TO CO-DEVELOPMENT, SUPPLY AND COMMERCIALIZATION AGREEMENT (this “Amendment”) is made and entered into as of 29th May, 2021, by and between Ocugen, Inc., with an address at 263 Great Valley Parkway, Malvern, PA 19355, USA (together with its Affiliates, subsidiaries, successors and permitted assigns, “Ocugen”), and Bharat Biotech International Limited, whose registered address is at Genome Valley, Shameerpet, Hyderabad — 500078 Telangana India (together with its Affiliates, subsidiaries , successors and permitted assigns, “BBIL”), and hereby amends that certain Co-Development, Supply and Commercialization Agreement dated as of January 31, 2021 by and between Ocugen and BBIL (the “Agreement”). Capitalized terms used in this Amendment and not otherwise defined herein shall have the meanings ascribed to them in the Agreement.
W I T N E S S E T H:
WHEREAS, the Parties mutually desire to amend the Agreement as provided herein and incorporate the terms set forth herein into the Agreement.
NOW, THEREFORE, in consideration of the foregoing premises, the Parties agree as follows:
1. Ocugen Territory.  As per clause 1.53 of the Agreement, the Ocugen Territory is currently defined solely as the United States.  The Parties desire and hereby agree to expand the Ocugen Territory by including Canada therein, subject to the following terms and conditions:
a.As consideration for expanding the Ocugen Territory to include Canada, Ocugen shall pay BBIL: (i) a non-refundable, up-front payment of USD 15 million immediately upon the execution of this Amendment; and (ii) USD 10 million within thirty (30) days after the First Commercial Sale of the Product by Ocugen, its Affiliates or Sublicensees in the Field in Canada.
b.For clarity, neither up-front payment of USD 15 million nor the USD 10 million payment contemplated in paragraph (a)(i) and (ii) above shall not be adjusted nor constitute an Allowable Expense used to calculate Operating Profit or Profit Share under the Agreement.
2.   Amendment.  Section 1.53 of the Agreement (Definition of Ocugen Territory) is hereby deleted in its entirety and replaced with the following new Section 1.53:
“1.53. “Ocugen Territory” means the United States and Canada.”
3. No Other Modifications.  Except as expressly set forth in this Amendment, the Agreement and all provisions thereof in effect as of the date of this Amendment shall continue in full force and effect without any modification or amendment, and the terms of this Amendment shall stand as an integral part of the Agreement.
[Signature Page Follows]










IN WITNESS WHEREOF, the Parties have caused their duly authorized representatives to executed this Amendment as of the date first above written.
												
	OCUGEN, INC.	
				
	Signed By:	/s/ Dr. Shankar Musunuri		
				
	Name: Dr. Shankar Musunuri		
				
	Title: Chairman and CEO		
				
	BHARAT BIOTECH INTERNATIONAL LIMITED	
				
	Signed By:	/s/ Dr. Krishna Mohan		
				
	Name: Dr. Krishna Mohan		
				
	Title: Whole-Time Director
**EXHIBIT 31.1**

 

**CERTIFICATION OF PERIODIC REPORT UNDER SECTION 302 OF**

**THE SARBANES-OXLEY ACT OF 2002**

 

I, Umang Gupta, certify that: 

 

1. I havereviewed this quarterly report on Form 10-Q of Keynote Systems, Inc.; 

 

2. Basedon my knowledge, this quarterly report 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, notmisleading with respect to the period covered by this quarterly report; 

 

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

 

4. The registrant’sother certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

 

a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures 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 others within those entities, particularly during the period in whichthis quarterly report is being prepared; 

 

b) Evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

 

c) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and

 

5. The registrant’s other certifying officer and I have disclosed, basedon 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: 

 

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

 

b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal control over financialreporting. 

 

Date: August 9, 2005
In the United States Court of Federal Claims

No. 13-1025C

(Filed: January 3, 2014)

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

JANIE WEEKS, *

*

Plaintiff, *

*

 v. *

*

THE UNITED STATES, *

*

Defendant. *

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

ORDER

On December 30, 2013, plaintiff in the above-captioned case filed a complaint, which

was accompanied by an application to proceed in forma pauperis. Pursuant to 28 U.S.C. § 1915,

courts of the United States are permitted to waive filing fees and security under certain

circumstances.1 See 28 U.S.C. § 1915(a)(1) (2012); see also Hayes v. United States, 71 Fed. Cl.

366, 366-67 (2006) (concluding that 28 U.S.C. § 1915(a)(1) applies to both prisoners and

nonprisoners alike). Plaintiffs wishing to proceed in forma pauperis must submit an affidavit that

lists all of their assets, declares that they are unable to pay the fees or give the security, and states

the nature of the action and their belief that they are entitled to redress. 28 U.S.C. § 1915(a)(1). 

Upon a review of her application, and without awaiting a response from defendant, the

court concludes that plaintiff has satisfied all three requirements set forth in § 1915(a)(1). 

Accordingly, the court GRANTS plaintiff’s application and waives her filing fee. 

1

 While the Court of Federal Claims is not generally considered to be a “court of the

United States” within the meaning of title twenty-eight of the United States Code, the court has

jurisdiction to grant or deny applications to proceed in forma pauperis. See 28 U.S.C. § 2503(d)

(deeming the Court of Federal Claims to be “a court of the United States” for the purposes of 28

U.S.C. § 1915); see also Matthews v. United States, 72 Fed. Cl. 274, 277-78 (2006) (recognizing

that Congress enacted the Court of Federal Claims Technical and Procedural Improvements Act

of 1992, authorizing the court to, among other things, adjudicate applications to proceed in forma

pauperis pursuant to 28 U.S.C. § 1915).

Case 1:13-cv-01025-MMS Document 6 Filed 01/03/14 Page 1 of 2
IT IS SO ORDERED.

s/ Margaret M. Sweeney 

MARGARET M. SWEENEY

Judge

Case 1:13-cv-01025-MMS Document 6 Filed 01/03/14 Page 2 of 2
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Case: 1:04-cr-00778 Document #: 679 Filed: 12/05/11 Page 1 of 3 PageID #:2183
Case: 1:04-cr-00778 Document #: 679 Filed: 12/05/11 Page 2 of 3 PageID #:2184
Case: 1:04-cr-00778 Document #: 679 Filed: 12/05/11 Page 3 of 3 PageID #:2185
**Exhibit 32.1**

 

**Certification of the Chief Executive OfficerPursuant to**

 

**18 U.S.C. Section 1350,**

 

**as Adopted Pursuant to**

 

**Section 906 of the Sarbanes-Oxley Act of 2002**

 

In connection with theQuarterly Report on Form 10-Q of PRAECIS PHARMACEUTICALS INCORPORATED (the“Company”) for the quarterly period ended June 30, 2003 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I,Malcolm L. Gefter, Ph.D., as Chief Executive Officer of the Company, herebycertify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that, to the best of my knowledge:

 

1.  The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

 

2.  The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| /s/    | Malcolm L.  Gefter, Ph.D. |   |   |   |   |
|--------|---------------------------|--------|--------|--------|--------|
| Name:  | Malcolm L.  Gefter, Ph.D. |   |   |   |   |
| Title: | Chief  Executive Officer  |   |   |   |   |
| Date:  | August 13,  2003          |   |   |   |   |

 

 

A signed original of thiswritten statement required by Section 906, or other document authenticating,acknowledging, or otherwise adopting the signature that appears in typed formwithin the electronic version of this written statement required by Section906, has been provided to PRAECIS PHARMACEUTICALS INCORPORATED and will beretained by PRAECIS PHARMACEUTICALS INCORPORATED and furnished to theSecurities and Exchange  Commission orits staff upon request.

 

This certification accompaniesthe Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shallnot, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemedfiled by the Company for purposes of Section 18 of the Securities Exchange Actof 1934, as amended.

 

----