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---



Exhibit 32.1



CERTIFICATIONS PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)



In connection with the Annual Report of mPhase Technologies, Inc. a New Jersey corporation (the "Company"), on Form 10K/A for the fiscal year ended June 30, 2005, as filed with the Securities and Exchange Commission (the "Report"), I, Ronald A. Durando, Chief Executive Officer of the Company certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), that to his 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/ Ronald A. Durando



Ronald A. Durando

Chief Executive Officer



October 7, 2005





---
# C_2006008EN.01000901.xml

| 13.1.2006 | EN | Official Journal of the European Union | C 8/9 |
| --- | --- | --- | --- |

13.1.2006

EN

Official Journal of the European Union

C 8/9

---

Commission communication in the framework of the implementation of Council Directive 98/79/EC

(2006/C 8/03)

(Text with EEA relevance)

(Publication of titles and references of harmonized standards under the directive)

(Publication of titles and references of harmonized standards under the directive)

| European Standardisation Organisation | Reference and title of the standard
  (and reference document) | Reference of the superseded standard | Date of cessation of presumption of conformity of the superseded standard
  Note 1 |
| --- | --- | --- | --- |
| CENELEC | EN 61010-2-101:2002
  Safety requirements for electrical equipment for measurement, control, and laboratory use — Part 2-101: Particular requirements for in vitro diagnostic (IVD) medical equipment
  (IEC 61010-2-101:2002 (Modified)) | NONE | — |

European Standardisation Organisation

Reference and title of the standard

(and reference document)

Reference of the superseded standard

Date of cessation of presumption of conformity of the superseded standard

Note 1

CENELEC

EN 61010-2-101:2002

Safety requirements for electrical equipment for measurement, control, and laboratory use — Part 2-101: Particular requirements for in vitro diagnostic (IVD) medical equipment

(IEC 61010-2-101:2002 (Modified))

NONE

—

| Note 1: | Generally the date of cessation of presumption of conformity will be the date of withdrawal (‘dow’), set by the European Standardisation Organisation, but attention of users of these standards is drawn to the fact that in certain exceptional cases this can be otherwise. |
| --- | --- |

Note 1:

Generally the date of cessation of presumption of conformity will be the date of withdrawal (‘dow’), set by the European Standardisation Organisation, but attention of users of these standards is drawn to the fact that in certain exceptional cases this can be otherwise.

---
<PAGE>

Exhibit 31.2

                                  CERTIFICATION

I, John R. Judd, certify that:


     1.   I have reviewed this Amendment No. 1 on Form 10-K/A of ATS Medical,
          Inc.; and



     2.   Based on my knowledge, this report does not contain any untrue
          statement of 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 with respect to the period
          covered by this report.






Date: April 27, 2006


/s/ John R. Judd
------------------------------------
Name: John R. Judd
Title: Chief Financial Officer
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

ORBITAL PUBLISHING GROUP, INC. a New 

York corporation, and LIBERTY PUBLISHERS 

SERVICES, INC., a New York corporation, 

Plaintiffs, 

v. 

BRIDGET WELLS, individually, and 

PERIODICAL WATCHGUARD, LLC., a North 

Carolina limited liability company, 

Defendants. 

Case No. 1:15 CV 00480-CL 

ORDER 

Magistrate Judge Clarke filed his Findings and Recommendation on December 21, 

2015. The matter is now before me. See 28 U.S.C. § 636(b)(l)(B) and Fed. R. Civ. P. 72(b). 

No objections have been timely filed. This relieves me of my obligation to give the factual 

findings de novo review. Lorin Corp. v. Goto & Co., Ltd., 700 F.2d 1202, 1206 (9th Cir. 

1982). See also Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 

Having reviewed the legal principles de novo, I find no error. 

THEREFORE, IT IS HEREBY ORDERED that, I adopt Judge Clarke Findings and 

Recommendation. 

Dated this--'-_ day of January, 2016. 

Ann Aiken, United States District Judge 

Order -- Page 1 

Case 1:15-cv-00480-CL Document 28 Filed 01/08/16 Page 1 of 1
UNITED STATES DISTRICT COURT 

GREG M REYNOLDS, 

Plaintiff, 

v. 

COMMISSIONER OF SOCIAL 

SECURITY ADMINISTRATION, 

Defendant. 

AIKEN, Judge: 

DISTRICT OF OREGON 

Case No. 3:15-cv-00882-AA 

OPINION AND ORDER 

Plaintiff, appearing pro se, filed challenging the failure of the Commissioner to approve or 

deny his application for disability benefits and seeking remand for an award of benefits. The 

Commissioner moves for dismissal of plaintiffs claim on grounds that this Co mi lacks jurisdiction 

under the Act to review actions of the Commissioner absent a final decision. 

Judicial review of claims arising under Title II or Title XVI of the Social Security Act is 

1 - OPINION AND ORDER 

Case 3:15-cv-00882-AA Document 17 Filed 06/14/16 Page 1 of 2
limited to final decisions of the agency after an administrative hearing. See Subia v. Comm 'r of Soc. 

Sec., 264 F.3d 899, 902 (9th Cir. 2001); see also Califano v. Sanders, 430 U.S. 99, 108 (1977); 

Johnson v. Shala/a, 2 F.3d 918, 921 (9th Cir. 1993) ("Section 405(g) requires an SSI claimant to 

obtain a final judgment from the Secretaiy before seeking judicial review."). 

Here, it is undisputed that the Commissioner has issued no final decision on plaintiff's 

application. In November 2014, plaintiff sought reconsideration of the initial denial of his 

application, and, for reasons unknown and unexplained, the agency had not rendered a decision on 

reconsideration as of April 2016. The Commissioner maintains that a decision on reconsideration 

is imminent if not already rendered. At this juncture, no final decision has been issued in the case, 

and the court lacks jurisdiction to review plaintiff's claim. 

CONCLUSION 

Accordingly, the motion to dismiss (doc. 12) is GRANTED. This case is dismissed without 

prejudice. 

IT IS SO ORDERED. 

'"''' <hi' 1/-~'Y of fooc, 2016. 

{ll_,A_ at.t~ Ann Aiken 

United States District Judge 

2 - OPINION AND ORDER 

Case 3:15-cv-00882-AA Document 17 Filed 06/14/16 Page 2 of 2
Case 1:04-cv-03673 Document 18 Filed 04/01/2005 Page 1 of 9
Case 1:04-cv-03673 Document 18 Filed 04/01/2005 Page 2 of 9
Case 1:04-cv-03673 Document 18 Filed 04/01/2005 Page 3 of 9
Case 1:04-cv-03673 Document 18 Filed 04/01/2005 Page 4 of 9
Case 1:04-cv-03673 Document 18 Filed 04/01/2005 Page 5 of 9
Case 1:04-cv-03673 Document 18 Filed 04/01/2005 Page 6 of 9
Case 1:04-cv-03673 Document 18 Filed 04/01/2005 Page 7 of 9
Case 1:04-cv-03673 Document 18 Filed 04/01/2005 Page 8 of 9
Case 1:04-cv-03673 Document 18 Filed 04/01/2005 Page 9 of 9
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

ALEJANDRO AGUILAR-MANDUJANO, Case No. 2:15-cv-01143-CL 

Petitioner, 

V. 

MARK NOOTH, Superintendent, 

Snake River Correctional Institution, 

Respondent. 

Panner, Senior District Judge. 

ORDER 

Petitioner moves to dismiss this Petition for Habeas Corpus Relief without prejudice. 

Respondent has not filed opposition. Petitioner's motion is GRANTED. 

Page I -ORDER 

It is SO ORDERED and DATED this 1?1 day of January 2016. 

OWEN M. PANNER 

United States District Judge 

Case 2:15-cv-01143-CL Document 20 Filed 01/29/16 Page 1 of 1
#### County of Rockland, Respondent, v Rockland County Unit of the Rockland Community College Federation of Teachers of the New York State United Teachers, Inc., et al., Appellants.

— In a proceeding pursuant to CPLR article 75 to stay arbitration, the appeal is from a judgment of the Supreme Court, Rockland County (Martin, J.), dated July 15, *5321985, which granted the petitioner’s application to stay arbitration.

Ordered that the judgment is affirmed, with costs.

Special Term did not err in granting the petitioner’s application since the claim sought to be arbitrated was outside the scope of the arbitration provisions of the parties’ collective bargaining agreement. The instant claim arises out of an alleged violation of the grievance procedures under "Appendix D” of the "Rockland Community College Grievance Procedure for the Review of Allegations of Illegal Discrimination or Sexual Harassment”. The appellants concede that appendix D was not incorporated into or made a part of the collective bargaining agreement. In the absence of a valid and specific agreement between the parties evidencing an intent to arbitrate claims arising under appendix D, the petitioner’s motion to stay arbitration was properly granted *(see, Matter of County of Rockland [Primiano Constr. Co.],*51 NY2d 1, 7; *Matter of Board of Educ. v West Babylon Teachers Assn.,*52 NY2d 1002). Mollen, P. J., Lazer, Bracken and Kooper, JJ., concur.
RULE 7.1 Page 1 of 1

Carl D. Crowell, OSB No. 982049

email: carl@crowell-law.com

CROWELL LAW

P.O. Box 923

Salem, OR 97308

(503) 581-1240

Of attorneys for plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

A&T SPVH, INC.,

Plaintiff,

v.

DOE-24.21.212.25,

Defendant.

 Case No.: 3:15-cv-00728 

PLAINTIFF’S RULE 7.1 DISCLOSURE

PLAINTIFF’S RULE 7.1 DISCLOSURE

Pursuant to Federal Rule of Civil Procedure 7.1, plaintiff states it has no parent 

corporation and no publicly held corporation owns 10% or more of their stock.

DATED: April 30, 2015.

/s/ Carl D. Crowell

Carl D. Crowell, OSB No. 982049

email: carl@crowell-law.com

(503) 581-1240

Of attorneys for plaintiff
Drew L. Johnson, P.C. 

Kathryn Tassinari 

sherwoodreese@comcast.net 

kathrynt50@comcast.net 

1700 Valley River Drive 

Eugene, OR 97401 

(541) 434-6466 

Attorneys for Plaintiff 

UNITED STATES COURT DISTRICT COURT 

RANDEE A.H. DUNKEL, 

Plaintiff, 

vs. 

Commissioner of Social Security 

Administration, 

Defendant. 

DISTRICT OF OREGON 

Civil No. 6:15-cv-01664-JR 

ORDER FOR ATTORNEY FEES 

PURSUANT TO EAJA 

After considering the Stipulated Motion of the parties submitted herein, Order hereby 

grants that Commissioner shall pay the sum of $4412.93 in attorney fees and expenses of $23.01 

(Service), for a total of $4435.94, upon verification that Plaintiff has no debt to the government 

which qualifies for offset against the awarded fees, pursuant to the reasoning in Astrue v. Ratliff, 

560 U.S. 586, 130 S. Ct. 2521, 2527 (2010) (EAJA awards fees subject "to a federal 

administrative offset if the Litigant has outstanding federal debts") for full settlement of all 

1 -ORDER FOR ATTORNEY FEES PURSUANT TO EAJA 

Case 6:15-cv-01664-JR Document 22 Filed 10/31/16 Page 1 of 2
claims for fees under EAJA. Costs for court filing-fees shall be awarded to Plaintiff attorney in 

the sum of $400.00 pursuant to 28 U.S.C. §1920. 

If Plaintiff has no outstanding federal debt, payment of $4412.93 in attorney fees, $23.01 

in costs plus $400.00 reimbursement of Court filing-fees shall be made to Plaintiff's attorney and 

mailed to his office at 1700 Valley River Drive, Eugene, OR 97401. If Plaintiff has such debt, 

the check for any remaining funds after offset shall be made out to Plaintiff and mailed to 

counsel's office at the address provided above. 

IT IS SO ORDERED this day of October~. 2016 

p,;J-A . R~l) 

~i.111 iu Jmhu'Magistrate Judge 

PRESENTED BY: 

By: /s/ DREW L. JOHNSON 

Drew L. Johnson, OSB #75200 

Of Attorneys for Plaintiff 

2- ORDER FOR ATTORNEY FEES PURSUANT TO EAJA 

Case 6:15-cv-01664-JR Document 22 Filed 10/31/16 Page 2 of 2
#### Ann Hellyer, Appellant, v Law Capitol, Inc., et al., Appellants, and Mid-Valley Mall Merchants Association, Respondent. (And a Third-Party Action.)

On a motion for summary judgment, the movant has the initial burden of coming forward with admissible evidence which makes a prima facie showing of entitlement to judgment as a matter of law *(see, GTF Mktg. v Colonial Aluminum Sales,*66 NY2d 965, 967; *Zuckerman v City of New York,*49 NY2d 557, 562).

*783In this case, the respondent submitted affidavits by individuals with personal knowledge of the facts and deposition testimony which made a prima facie showing that it was not at fault for the injury which the plaintiff allegedly received as a result of falling in a hole in the parking lot at the Mid-Valley Mall in Newburgh, New York, since it did not own, operate, maintain, manage or control any portion of that mall or its parking lot *(see, Gilbert Props. v City of New York,*33 AD2d 175, 178, *affd*27 NY2d 594). The burden was thus shifted to the plaintiff to present evidence in admissible form to establish the arguable existence of a triable issue of fact or to tender an acceptable excuse for her failure to do so *(see, GTF Mktg. v Colonial Aluminum Sales, supra,*at p 968). The affirmations submitted in opposition were "without evidentiary value and thus unavailing” *(Zuckerman v City of New York,*49 NY2d 557, 563, *supra).*The deposition testimony of Robert Thorne, a maintenance supervisor at the Mid-Valley Mall, and former employee of Law Capitol, Inc., failed to establish anything more than a "shadowy semblance” of a triable issue of fact which was insufficient to defeat the motion for summary judgment *(Capelin Assoc. v Globe Mfg. Corp.,*34 NY2d 338, 341). Since the plaintiff (joined by Law Capitol, Inc. and Newburgh Mid-Valley Associates) failed to establish the arguable existence of any triable issue of fact, and did not tender any excuse for her failure to do so, summary judgment was properly granted to the respondent. Mollen, P. J., Brown, Weinstein and Rubin, JJ., concur.
Exhibit 13.2



Certification



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



(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United
States Code)



Pursuant to section 906 of the Sarbanes-Oxley Act of 2002
(subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officer of Coles Myer Ltd, an Australian company (the registrant), hereby certifies, to such officers knowledge, that:



The Annual Report on Form 20-F for the year ended July 25, 2004 (the
Report) of the Company fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Report fairly presents, in all material respects, the financial condition and
results of operations of the registrant.



|                       |  |  |  |                        
|---------------------- |  |  |  | -----------------------
|                       |  | 
|                       |  |  |  | /S/    J.F. MACKENZIE  
|                       |  |  |  | (Signature)            
|                       |  |  |  | J.F. MacKenzie         
|Date December 22, 2004 |  |  |  | CHIEF FINANCIAL OFFICER
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