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








EXHIBIT 10.32
Amendment
Grant Notice - Option Award and
Option Award Agreement


This Amendment is dated and effective December 4, 2018. Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the Agreement (as herein defined).


The Grant Notice - Option Award and Option Award Agreement delivered to Participant -  Donald H. Foley, in August 2018, reflective of an August 13, 2018 grant date (the “Agreement”) of a non-qualified stock option (the “Option”) for 7,333 shares of the Company’s common stock  is amended as follows: the August 13, 2019 Vesting Date linked to the vesting of 33.33% of the Shares subject to the Option shall be December 4, 2018.


This Amendment may be executed in two or more counterparts, all of which when taken together shall be considered one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a “.pdf” format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or “.pdf” signature page were an original thereof.


The terms and provisions of the Agreement as amended hereby are in full force and effect, and all other terms and provisions of the Agreement shall remain unchanged and in full force and effect.


This Amendment is entered into by the Company and the Participant in consideration of the Participant’s fully executed and effective Release, as contemplated by the letter agreement between the Company and the Participant dated on even date hereof. 


Acknowledged and agreed.




PAR Technology Corporation                             Participant




By: /s/ Darla Haas                         /s/ Donald H. Foley
Donald H. Foley
Name/Title: Chief Human Resources Officer
```
  
 
WHEAT - KANSAS CITY BOARD OF TRADE                                   Code-001612
OPTION AND FUTURES COMBINED POSITIONS AS OF 11/08/11          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
(CONTRACTS OF 5,000 BUSHELS)                         OPEN INTEREST:      164,072
COMMITMENTS
  44,938   20,938   31,692   61,201   79,909  137,831  132,539   26,240   31,533

CHANGES FROM 11/01/11 (CHANGE IN OPEN INTEREST:     -2,815)
  -2,022      274   -2,144   -1,390   -2,684   -5,556   -4,555    2,741    1,740

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
    27.4     12.8     19.3     37.3     48.7     84.0     80.8     16.0     19.2

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      168)
      50       33       53       62       63      134      132
```

----

Updated November 14, 2011
COURT OF APPEALS

	SECOND DISTRICT OF TEXAS

	FORT WORTH

	NO. 2-08-316-CV

IN RE MISTY DAWN MEIER	RELATOR

	------------

	ORIGINAL PROCEEDING

	------------

	MEMORANDUM OPINION1

	------------

	The court has considered relator’s petition for writ of mandamus and motion for temporary relief and is of the opinion that relief should be denied.  Accordingly, relator's petition for writ of mandamus and motion for temporary relief are denied.

	Relator shall pay all costs of this original proceeding, for which let execution issue.

								PER CURIAM

PANEL  B:  DAUPHINOT, LIVINGSTON, and WALKER, JJ. 

DELIVERED:  August 1, 2008July 31, 2008
<PAGE>
                                                                    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 on Form 10-Q of US Diagnostic Inc. (the
"Company") for the period ended June 30, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Leon F. Maraist, Chief
Executive Officer of the Company, and, I, P. Andrew Shaw, Chief Financial
Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 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 results of operations of the
Company.


/s/ Leon F. Maraist
----------------------------------------------------
Leon F. Maraist
President and Chief Executive Officer
August 19, 2002


/s/ P. Andrew Shaw
----------------------------------------------------
P. Andrew Shaw
Executive Vice President and Chief Financial Officer
August 19, 2002
AO 458 (Rev. 06/09) Appearance of Counsel

UNITED STATES DISTRICT COURT

for the

____________________

)

)

)

)

)

Plaintiff

v. Case No.

Defendant

APPEARANCE OF COUNSEL

To: The clerk of court and all parties of record

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for:

.

Date:

Attorney’s signature

Printed name and bar number

Address

E-mail address

Telephone number

FAX number

Patent Armory Inc.

Samsung Electronics America, Inc.

2:23-cv-199

Patent Armory Inc.

05/05/2023 /s/ Isaac Rabicoff

Isaac Rabicoff

Rabicoff Law LLC

600 Mamaroneck Ave STE 400, Harrison, NY 10528

7736694590

isaac@rabilaw.com

(773) 669-4590

Eastern District of Texas

Case 2:23-cv-00199-JRG Document 2 Filed 05/05/23 Page 1 of 1 PageID #: 117
```
  
 
VIX FUTURES - CBOE FUTURES EXCHANGE                                  Code-1170E1
OPTION AND FUTURES COMBINED POSITIONS AS OF 10/09/12          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
($1000 X INDEX)                                      OPEN INTEREST:      404,089
COMMITMENTS
  69,628  157,751   70,106  239,698  150,686  379,432  378,543   24,657   25,546

CHANGES FROM 10/02/12 (CHANGE IN OPEN INTEREST:     13,725)
     596   -3,167    9,572    3,325    6,671   13,493   13,076      232      649

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
    17.2     39.0     17.3     59.3     37.3     93.9     93.7      6.1      6.3

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      163)
      49       63       76       35       38      135      137
```

----

Updated October 12, 2012
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

BEAUMONT DIVISION

TONDOM CLARK §

VS. § CIVIL ACTION NO. 1:23-CV-260

UNKNOWN DEFENDANT §

ORDER ADOPTING THE MAGISTRATE

JUDGE’S REPORT AND RECOMMENDATION 

Plaintiff,TondomClark, aninmate formerlyconfinedatUSPBeaumont, proceedingprose,filed

this Bivens-type action

1

against an unknown defendant.

The Court referred this matter to the Honorable Christine L. Stetson, United States Magistrate

Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders ofthis Court. The

magistrate judge recommends dismissing Plaintiff’s claimsfor want of prosecution pursuant to Federal

Rule of Civil Procedure 41(b) [Dkt. 6].

The Court has received and considered the Report and Recommendation of United States

Magistrate Judge filed pursuant to such order, along with the record, and pleadings. No objections to

the Report and Recommendation of United States Magistrate Judge have been filed to date.

2

ORDER

Accordingly, the findings of fact and conclusions oflaw ofthe magistrate judge are correct, and

the report of the magistrate judge is ADOPTED. A final judgment will be entered in accordance

with the recommendations of the magistrate judge.

1 Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971).

2 A copy of the Report and Recommendation was returned as undeliverable with the notation, “RTS

no longer at this facility.” [Dkt. 8]. Plaintiff has yet to update the Court with his address. 

____________________________

Michael J. Truncale

United States District Judge SIGNED this 22nd day of September, 2023.

Case 1:23-cv-00260-MJT-CLS Document 9 Filed 09/22/23 Page 1 of 1 PageID #: 16
Brian Edward MALNES, petitioner, v. CITY OF FLAGSTAFF, ARIZONA, et al.

No. 18-478.

Supreme Court of the United States

Jan. 7, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
IN THE SUPREME COURT OF THE STATE OF DELAWARE

KENNETH M. FLOWERS as

Administrator of the Estate of

CHRISTINE FLOWERS, Deceased;

KENNETH M. FLOWERS,

individually, KAREN FLOWERS,

LAWRENCE FLOWERS, and

ANTHONY MIMMS, individually

,

Plaintiffs Below,

Appellant s

,

v.

CH RISTIANA CARE HEALTH

SYSTEM, IPC HEALTHCARE,

INC. f/k/a IPC

– THE

HOSPTIALIST COMPANY, and

ANURADHA AMARA, M.D.,

Defendants Below,

Appellee s

. §

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§ No. 223, 2019

Court Below: Superior Court

of the State of Delaware

C.A. No. N15C

- 06

- 281

Submitted: November 20, 2019

Decided: December 2 , 2019

Before SEITZ , Chief Justice; VALIHURA and VAUGHN , Justices.

O R D E R

This 2 nd day of December 2019, the Court having considered this matter on

the briefs filed by the parties has determined that the final judgment of the Superior

Court should be affirmed on the basis of and for the reasons assigned by the Superior

Court in its order dated April 3, 201 9

.NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the

Superior Court be, and the same hereby is, AFFIRMED.

BY THE COURT:

/s/ James T. Vaughn, Jr.

Justice
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

COBBLESTONE WIRELESS, LLC,

Plaintiff, CASE NO. 2:23-cv-00382

v. (Lead Case)

CELLCO PARTNERSHIP D/BA VERIZON

WIRELESS.,

JURY TRIAL DEMANDED

Defendants,

NOKIA OF AMERICA CORP.,

Intervenor, 

COBBLESTONE WIRELESS, LLC,

Plaintiff, CASE NO. 2:23-cv-00380

v. (Member Case)

AT&T MOBILITY LLC, AT&T SERVICES, 

INC., AND AT&T CORP., 

JURY TRIAL DEMANDED

Defendants,

NOKIA OF AMERICA CORP.,

Intervenor, 

COBBLESTONE WIRELESS, LLC,

Plaintiff, CASE NO. 2:23-cv-00381

(Member Case)

v.

T-MOBILE USA, INC. JURY TRIAL DEMANDED

Defendants.

NOKIA OF AMERICA CORP.,

Intervenor. 

[PROPOSED] ORDER GRANTING MOVANT-INTERVENOR NOKIA OF AMERICA 

CORP.’S UNOPPOSED MOTION FOR LEAVE TO INTERVENE

Case 2:23-cv-00382-JRG-RSP Document 55-1 Filed 12/22/23 Page 1 of 2 PageID #: 334
Before the Court are Movant-Intervenor Nokia of America Corporation (“Nokia”)’s 

Unopposed Motions to Intervene. (Dkt. No. ); (Dkt. No. ); (Dkt. No. ). Nokia moved to 

intervene pursuant to Fed. R. Civ. P. 24(a)(2) or, in the alternative, pursuant to Fed. R. Civ. P. 

24(b). Having considered the Motions, their unopposed nature, and the relevant authorities, the 

Court finds that the Motions should be and hereby are GRANTED. Accordingly, Nokia is 

permitted to intervene in theses actions and is GRANTED LEAVE to file a responsive pleading 

in intervention on or before . 

Case 2:23-cv-00382-JRG-RSP Document 55-1 Filed 12/22/23 Page 2 of 2 PageID #: 335
Randy HOLKESVIG, petitioner, v. NORTH DAKOTA.

No. 17-1608.

Supreme Court of the United States

Nov. 19, 2018.

Petition for rehearing denied.
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

HEADWATER RESEARCH LLC,

Plaintiff,

v.

T-MOBILE USA, INC. AND SPRINT CORP.,

Defendants.

Civil Action No. 2:23-cv-00379-JRG-RSP

HEADWATER RESEARCH LLC,

Plaintiff,

v.

T-MOBILE USA, INC. AND SPRINT CORP.,

Defendants.

Civil Action No. 2:23-cv-00377-JRG-RSP

NOTICE OF COMPLIANCE

Defendants T-Mobile USA, Inc. and Sprint LLC hereby notify the Court that pursuant to 

the Court’s Docket Control Order [Dkt. No.42] they have served their Proposed Terms and Claim 

Elements for Construction on counsel for Plaintiff via electronic mail on June 28, 2024.

Case 2:23-cv-00379-JRG-RSP Document 64 Filed 07/01/24 Page 1 of 3 PageID #: 804
Dated: July 1, 2024 Respectfully Submitted,

/s/ Melissa R. Smith

Katherine Q. Dominguez

kdominguez@gibsondunn.com

Josh A. Krevitt

jkrevitt@gibsondunn.com

Brian Rosenthal

brosenthal@gibsondunn.com

GIBSON, DUNN & CRUTCHER LLP

200 Park Avenue

New York, NY 10166-0193

Telephone: (212) 351-4000

Fax: (212) 351-4035

 Robert Vincent

 rvincent@gibsondunn.com

 GIBSON, DUNN & CRUTCHER LLP

 2001 Ross Avenue, Suite 2100

 Dallas, Texas 75201-2923

 Telephone: (214) 698-3100

 Fax: (214) 571-2900 

 Andrew Robb

arobb@gibsondunn.com

GIBSON, DUNN & CRUTCHER LLP

310 University Ave

Palo Alto, CA 94301

Telephone: (650) 849-5334

Fax: (650) 849-5034

Melissa R. Smith

melissa@gillamsmithlaw.com

GILLIAM & SMITH, LLP

303 South Washington Avenue

Marshall, TX 75670

Telephone: (903) 934-8450

Fax: (903) 934-9257

Attorneys for Defendants 

Case 2:23-cv-00379-JRG-RSP Document 64 Filed 07/01/24 Page 2 of 3 PageID #: 805
CERTIFICATE OF SERVICE 

The undersigned hereby certifies that all counsel of record who are deemed to have 

consented to electronic service are being served with a true and correct copy of the foregoing 

document via the Court’s CM/ECF system per Local Rule CV-5(a)(3) on July 1, 2024. 

Melissa R. Smith

/s/ Melissa R. Smith

Case 2:23-cv-00379-JRG-RSP Document 64 Filed 07/01/24 Page 3 of 3 PageID #: 806
AO 458 (Rev. 06/09) Appearance of Counsel

UNITED STATES DISTRICT COURT

for the

__________ District of __________

)

)

)

)

)

Plaintiff

v. Case No.

Defendant

APPEARANCE OF COUNSEL

To: The clerk of court and all parties of record

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for:

.

Date:

Attorney’s signature

Printed name and bar number

Address

E-mail address

Telephone number

FAX number

 Eastern District of Texas

Autoscribe Corporation

Repay Holdings Corporation and Repay Holdings, LLC

2:23-cv-00349-JRG

Repay Holdings Corporation and Repay Holdings, LLC

10/10/2023 /s/ Marron E. Frith

Marron E. Frith, New York Bar No. 5870803

Haynes and Boone, LLP

2801 N. Harwood Street, Suite 2300

Dallas, TX 75201

marron.frith@haynesboone.com

(214) 651-5000

(214) 200-0615

Case 2:23-cv-00349-JRG Document 13 Filed 10/10/23 Page 1 of 1 PageID #: 44
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-40777 Conference Calendar

RONALD DAVID SUTHERLAND, Plaintiff-Appellant,

versus JAMES A. COLLINS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, WARDEN WILSON; TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Southern District of Texas

USDC No. C-94-CV-488

-------------------- August 26, 1999 Before KING, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM: * Ronald David Sutherland, federal prisoner # 24921-077, is BARRED from proceeding in forma pauperis (IFP) under the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g), because, on at least three prior occasions while incarcerated, Sutherland has brought an action or appeal in a court of the United States that was dismissed as frivolous or for failure to state a claim upon which relief could be granted. See Sutherland v. Zeller , No.No. 97-40777 -2- 95-40314 (5th Cir. 1995); Price v. Texas Dep’t of Criminal Justice , No. H-94-4412 (S.D. Tex. Sept. 17, 1996); Sutherland v. Unidentified Larson , No. 96-40132 (5th Cir. Oct. 23, 1996); see Adepegba v. Hammons , 103 F.3d 383, 387 (5th Cir. 1996) (affirmance of a district court’s dismissal as frivolous counts as a “strike”; dismissal counts as “strike” once appeal has been waived). Accordingly, Sutherland’s IFP status is DECERTIFIED, and he may not proceed IFP in any civil action or appeal filed while he is in prison unless he is under imminent danger of serious physical injury. See § 1915(g). The appeal is DISMISSED. Sutherland has 15 days from the date of this opinion to pay the full appellate filing fee of $105 to the clerk of the district court, should he wish to reinstate his appeal. IFP DECERTIFIED; APPEAL DISMISSED; 28 U.S.C. § 1915(g) BAR ORDERED.
Kelly E. CULVER, petitioner, v. Dushan ZATECKY, Superintendent, Pendleton Correctional Facility.

No. 18-5531.

Supreme Court of the United States

Oct. 9, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     (Replace this text with the legend)
</LEGEND>
<CIK>                         0000911220
<NAME>                        COUNTRY STAR RESTAURANTS, INC.
<MULTIPLIER>                                   1
<CURRENCY>                                     USD
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOA
<FISCAL-YEAR-END>                    DEC-31-1998
<PERIOD-START>                       JAN-01-1998
<PERIOD-END>                         MAR-31-1998
<EXCHANGE-RATE>                                1
<CASH>                                   144,943
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                              183,194
<CURRENT-ASSETS>                         551,451
<PP&E>                                 5,903,279
<DEPRECIATION>                           861,758
<TOTAL-ASSETS>                         5,856,897
<CURRENT-LIABILITIES>                  2,949,214
<BONDS>                                        0
<PREFERRED-MANDATORY>                     90,043
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                             2,817,640
<TOTAL-LIABILITY-AND-EQUITY>           5,856,897
<SALES>                                  889,260
<TOTAL-REVENUES>                         889,260
<CGS>                                    333,024
<TOTAL-COSTS>                          1,751,478
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                       243,376
<INCOME-PRETAX>                       (1,105,594)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                   (1,105,594)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                        1,527,890
<CHANGES>                                      0
<NET-INCOME>                             422,296
<EPS-PRIMARY>                                .05
<EPS-DILUTED>                                .05
        

</TABLE>
11 TH C OURT OF A PPEALS

E ASTLAND

, T EXAS

J UDGMENT

Joshua Ogle, * From the 244 th District Court

of Ector County,

Trial Court No. C

- 139,276

- D

.

Vs. No. 11

- 16

- 00273

- CV * November 10, 2016

CSI Inspection, LLC; Dupré Energy * Per Curiam Memorandum Opinion

Services, LLC; and Ralph Frazier, (Panel consists of: Wright, C.J.,

Willson, J., and Bailey, J.)

This court h a s con sidered Joshua Ogle ’s motion to dismiss this appeal and

concludes that the motion should be granted. Therefore, in accordance with this

court’s opinion, the appe al is dismissed. The costs incurred by reason of this

appeal are taxed against the party incurring same.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

In re: RERI NANILEI SEPTIMO,

 Debtor,

RERI NANILEI SEPTIMO,

 Appellant,

 v.

DAVID C. FARMER, Chapter 7 Trustee,

 Appellee.

No. 12-15754

D.C. No. 1:11-cv-00315-DAERLP

MEMORANDUM*

Appeal from the United States District Court

for the District of Hawaii

David A. Ezra, District Judge, Presiding

Argued and Submitted February 19, 2014

Honolulu, Hawaii

Before: HAWKINS, McKEOWN, and BEA, Circuit Judges.

FILED

APR 25 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.
Chapter 7 debtor Reri Nanilei Septimo appeals a district court order that

affirmed a bankruptcy court order, which compelled Septimo to cooperate with the

chapter 7 trustee of Septimo’s estate (the “Trustee”). 

Septimo scheduled her residence as real property on Schedule A to her

voluntary petition for bankruptcy and claimed an exemption for her residence. The

Trustee objected to the exemption, and the bankruptcy court sustained the

Trustee’s objection. The bankruptcy court discharged Septimo pursuant to 11

U.S.C. § 727. 

The Trustee planned to transfer Septimo’s home, which was part of the

estate. Septimo denied the realtor for the bankruptcy estate access to her home. 

The Trustee moved the bankruptcy court for an order to compel Septimo to

cooperate with the Trustee, which the bankruptcy court granted. On appeal, the

district court affirmed the bankruptcy court.

We decline to address Septimo’s argument that the Trustee rejected the

leasehold for the property where her residence is located. We will not review a

new argument made on appeal absent exceptional circumstances. In re Home Am.

T.V.-Appliance Audio, Inc., 232 F.3d 1046, 1052 (9th Cir. 2000). 

We review de novo a district court’s decision on appeal from a bankruptcy

court. In re JTS Corp., 617 F.3d 1102, 1109 (9th Cir. 2010). We review the

2
bankruptcy court’s findings of fact for clear error and its conclusions of law de

novo. Id. 

Septimo’s argument that the Trustee cannot transfer the lease on which her

property is located is incorrect. A bankruptcy trustee stands in the shoes of a

debtor. Smith v. Arthur Andersen LLP, 421 F.3d 989, 1002 (9th Cir. 2005). The

Trustee of Septimo’s estate may assign her leasehold interest for the benefit of the

estate on the same terms as Septimo because Septimo would have been allowed to

assign the lease.

Septimo has conceded that her home is the property of the estate. A debtor

may not interfere with the sale of estate property. In re Onubah, 375 B.R. 549, 557

(B.A.P. 9th Cir. 2007). The bankruptcy court properly ordered Septimo to

cooperate with the trustee pursuant to 11 U.S.C. § 521. Therefore, we affirm the

district court.

AFFIRMED.

3
Exhibit 32.1



CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



The undersigned hereby certifies that, in accordance with 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, in his capacity as an officer of Neurobiological Technologies, Inc., that
this Annual Report on Form 10-K for the fiscal year ended June 30, 2004 (the Report) fully complies with the requirements of section 13(a) or 15(d) 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 result of operations of Neurobiological Technologies, Inc.



September 13, 2004



/s/    PAUL E. FREIMANPaul E. FreimanPresident and Chief Executive Officer(Principal Executive Officer, Principal Financial Officer and Principal Accounting Officer)




A signed original of this
written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to Neurobiological Technologies, Inc. and will be retained by Neurobiological Technologies, Inc. and furnished to the Securities and Exchange Commission
upon request.