alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Filed by Bowne Pure Compliance





Exhibit 10.2




CONSULTING AGREEMENT




This Consulting Agreement (this “Agreement”) is made as of February 1, 2009 by and between
XENONICS HOLDINGS, INC., A Nevada corporation (“Company”), and Larry Curfiss (“Consultant”), and
supercedes the Consulting Agreement between the parties made as of June 4, 2008.



1. Consulting Arrangement. The Company shall employ Consultant, and Consultant shall
serve the Company as a Consultant.



2. Duties. Consultant shall serve as a member of the Company’s Executive Committee.
Consultant will be responsible for marketing and sales of the Company’s products.



3. Term. The term of the Agreement shall be for twenty-four (24) months commencing
February 1, 2009 and ending on January 31, 2011. This Agreement may be terminated by either party
upon thirty (30) days’ written notice.



4. Compensation. The Company shall pay to Consultant $15,000 per month during the
term of this Agreement. In addition, the Company shall grant Consultant five-year options to
purchase 125,000 shares of the Company’s common stock, exercisable at $.73 per share. Such options
shall vest only if: (i) the gross revenues of the Company exceed $20 million for the 2009 fiscal
year; (ii) the Company shows a net profit of at least $500,000 for such fiscal year; and (iii)
Consultant is performing services under this Agreement on September 30, 2009.



5.  Expenses. All travel, entertainment and other reasonable business expenses
incident to the rendering of services by Consultant hereunder will be promptly paid or reimbursed
by the Company subject to the submission being in accordance with the Company’s policies in effect
from time to time.



6. Non-Disclosure. Consultant will not at any time after the date of this Agreement
divulge, furnish, or make accessible to anyone (other than in the regular course of business of the
Company) any knowledge or information with respect to confidential or secret processes, inventions,
discoveries, improvements, formulas, plans, material, devices, or ideas or other know how, whether
patentable or not, with respect to any confidential or secret engineering, development or research
work or with respect to any confidential or secret engineering, development or research work or
with respect to any other confidential or secret aspect of the business of the Company.



7. Counterparts. This Agreement may be executed in counterparts, each of which shall
be deemed to be one and the same instrument.


 


 









 





IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
above written.



	 	 	 	 	 
	 	XENONICS HOLDINGS, INC.

 	 
	 	By:  	/s/ Alan P. Magerman
 	 
	 	 	Alan P. Magerman, Chairman 	 
	 	 	 	 
	 
	 	CONSULTANT

 	 
	 	/s/Larry Curfiss
 	 
	 	Larry Curfiss 	 
	 	 	 
	 




 


2
CERTIFICATIONS PURSUANT TO


8 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the 2nd amended Annual Report of PRIME STAR GROUP, INC. (the Company”) on Form 10-K/A for the period ending December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof, I, Roger H. Mohlman, Chief Executive Officer and Chief 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.





Date: November 30, 2010/s/ Roger H. MohlmanRoger H. MohlmanChief Executive Officer andChief Financial Officer
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 562 Introduced in House (IH)]

111th CONGRESS
  1st Session
H. RES. 562

Congratulating Syracuse University for winning the National Collegiate 
       Athletic Association Division I Men's Lacrosse Tournament.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 2009

 Mr. Maffei submitted the following resolution; which was referred to 
                  the Committee on Education and Labor

_______________________________________________________________________

                               RESOLUTION

 
Congratulating Syracuse University for winning the National Collegiate 
       Athletic Association Division I Men's Lacrosse Tournament.

Whereas, on May 25, 2009, the Syracuse University Orange defeated the Cornell 
        Big Red 10-9 in overtime, in the finals of the National Collegiate 
        Athletic Association (NCAA) Division I Men's Lacrosse Tournament in 
        Foxboro, Massachusetts;
Whereas the Orange now hold 11 men's lacrosse national titles, the most in NCAA 
        History;
Whereas Orange head coach John Desko won his fifth NCAA title;
Whereas the Orange players, coaches, and staff are excellent representatives of 
        Syracuse University;
Whereas the Orange showed tremendous spirit in the championship game, coming 
        back from what appeared to be an insurmountable three-goal deficit with 
        less than four minutes to go, only to win the game in overtime; and
Whereas the residents of Syracuse and fans are to be congratulated for their 
        support, dedication, and pride in the team: Now, therefore, be it
    Resolved, That the House of Representatives congratulates Syracuse 
University for winning the National Collegiate Athletic Association 
Division I Men's Lacrosse Tournament.
                                 <all>
```
#### STATE of Missouri, Respondent, v. Willie L. COLE, Jr., Appellant. Willie L. COLE, Jr., Movant, v. STATE of Missouri, Respondent.

Nos. 60078, 61953.

Missouri Court of Appeals, Eastern District, Division Three.

June 8, 1993.

*835Gary E. Brotherton, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Rudolph R. Rhodes, IV, Asst. Atty. Gen., Jefferson City, for respondent.

Before GARY M. GAERTNER, P.J., and SMITH and STEPHAN, JJ.

ORDER

PER CURIAM.

Defendant appeals from his convictions by a jury of robbery in the first degree and armed criminal action and concurrent sentences of 30 years for each offense as a persistent offender. He also appeals from denial of his Rule 29.15 motion following evidentiary hearing. The evidence is sufficient to support the verdict, no error of law appears, the judgment on the Rule 29.15 motion is based on findings of fact that are not clearly erroneous, and no jurisprudential purpose would be served by a written opinion. A written statement of the reasons for our affirmance has been furnished to the parties. Judgment of conviction affirmed in conformity with Rule 30.25(b). Denial of Rule 29.15 motion affirmed in conformity with Rule 84.16(b). Defendant's motion for new trial premised on disappearance of some exhibits denied.
Exhibit 32.2

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 Orexigen Therapeutics, Inc. (the Company) on Form 10-Q for the quarter ended September 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Graham K. Cooper, Chief Financial Officer and Treasurer 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), as applicable, of the Securities
Exchange Act of 1934, as amended; 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: November 7, 2008



/s/ Graham K. CooperGraham K. CooperChief Financial Officer and Treasurer


The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not
being filed as part of the Report or as a separate disclosure document.
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Notices]
[Page 28862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14194]



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DEPARTMENT OF ENERGY
[Docket No. RP89-224-018]


Southern Natural Gas Company; Notice of Refund Report

May 31, 1996.
    Take notice that on May 28, 1996 Southern Natural Gas Company 
(Southern) tendered for filing a Refund Report made pursuant to the 
Commission's Order dated April 11, 1996 in the above dockets.
    Southern states that the refund report consists of specific 
Appendices describing in detail the calculation of each contesting 
customer's refund during the period from January 1, 1991 through 
December 31, 1995, with interest through May 11, 1996, the date on 
which Southern states that it issued checks to contesting customers.
    Southern states that it is furnishing the contesting parties to the 
proceeding with a copy of the refund report.
    Any person desiring to protest this filing should file a protest 
with the Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426, in accordance with Section 385.211 of the 
Commission's Rules and Regulations. All such protests should be filed 
on or before June 7, 1996. Protests will be considered by the 
Commission in determining the appropriate action to be taken, but will 
not serve to make protestants parties to the proceeding. Copies of this 
filing are on file with the Commission and are available for public 
inspection in the Public Reference Room.
Lois D. Cashell,
Secretary.
[FR Doc. 96-14194 Filed 6-5-96; 8:45 am]
BILLING CODE 6717-01-M
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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Jesus Antonio Ramirez-Esperano,

Petitioner, 

v. 

Charles L Ryan, et al., 

Respondents.

No. CV-17-04668-PHX-JJT (DMF)

ORDER 

 At issue is the Report and Recommendation (Doc. 16) (“R&R”) entered by United 

States Magistrate Judge Deborah M. Fine recommending that the Court deny and dismiss 

with prejudice the Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 

§ 2254 (Doc. 7). Petitioner has filed an Objection (Doc. 17), as well as a Motion of Request 

for Speedy Ruling (Doc. 20). The Court will overrule the Objection, adopt the R&R and 

dismiss the Petition with prejudice. 

 Pursuant to a plea agreement between Petitioner and the Yuma County Attorney, 

Counts One and Two of the charges against him were amended from the original counts of 

sexual exploitation of a minor to the lesser charge of attempted exploitation; the remaining 

six exploitation charges were to be dismissed. The result of this amendment, which 

Petitioner agreed to in his plea agreement, had the effect of significantly lessening his 

exposure to prison time. At his change of plea hearing, Petitioner answered all of the 

questions put to him by the judge so as to satisfy the judge that Petitioner knew and 

understood what he had agreed to, and his attorney advised the same. Petitioner signed 
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and initialed on each page the plea agreement containing the acknowledgement to the 

amended lesser charges. At the conclusion of proceedings, Petitioner got the benefit of the 

reduced charges and was sentenced accordingly. He now seeks to disavow all of that to 

which he avowed under oath before. 

 Judge Fine correctly analyzed the matter and concluded, according to the applicable 

standard, that Petitioner does not even argue, let alone establish, that the state court’s 

adjudication of Petitioner’s claims was a decision contrary to established federal law or a 

decision based on an unreasonable determination of the facts. The Court will go further 

and find that the Petition, and the argument Petitioner makes in it, is frivolous and wasteful 

of the Court’s time. 

 IT IS ORDERED overruling Petitioner’s Objections (Doc. 17) and adopting in 

whole Judge Fine’s R&R (Doc. 16). 

 IT IS FURTHER ORDERED denying and dismissing with prejudice the Amended 

Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 7). 

 IT IS FURTHER ORDERED denying as moot Petitioner’s Motion of Request for 

Speedy Ruling (Doc. 20). 

 IT IS FURTHER ORDERED denying a Certificate of Appealability as Petitioner 

has not made a substantial showing of the denial of a federal constitutional right, and jurists 

of reason would not find the court’s assessment of Petitioner’s constitutional claims 

debatable or wrong. 

 Dated this 8th day of March, 2019. 

Honorable John J. Tuchi 

United States District Judge
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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Alfred Green,

Plaintiff,

v. 

Corizon Health Services, et al.,

Defendants.

No. CV-18-00068-TUC-RM

ORDER 

Pending before the Court are Plaintiff’s Motion to Request Leave of Court (Doc. 

92) and Motion to Appoint Counsel (Doc. 93). Plaintiff requests that an attorney be 

appointed on his behalf in this litigation due to an injury to his writing hand. (Doc. 93.) 

Plaintiff states that he must wear a splint on his writing hand for six weeks and that he 

was instructed not to remove it to write. (Id.) He states that he was assigned an “ADA 

porter” to write for him but that other inmates threaten him and steal his property when 

he uses the ADA porter. (Id.) While these are unfortunate circumstances, the Court 

previously denied similar motions on May 28, 2020 (Doc. 91) and will deny these 

motions for the same reasons.

There is no constitutional right to the appointment of counsel in a civil case. See 

Ivey v. Bd. of Regents of the Univ. of Alaska, 673 F.2d 266, 269 (9th Cir. 1982). In 

proceedings in forma pauperis, the court may request an attorney to represent any person 

Case 4:18-cv-00068-RM Document 94 Filed 07/13/20 Page 1 of 2
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unable to afford one. 28 U.S.C. § 1915(e)(1). Appointment of counsel under 28 U.S.C. § 

1915(e)(1) is required only when “exceptional circumstances” are present. Terrell v. 

Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). A determination with respect to exceptional 

circumstances requires an evaluation of the likelihood of success on the merits as well as 

the ability of Plaintiff to articulate his claims pro se in light of the complexity of the legal 

issue involved. Id. “Neither of these factors is dispositive and both must be viewed 

together before reaching a decision.” Id. (quoting Wilborn v. Escalderon, 789 F.2d 1328, 

1331 (9th Cir. 1986)).

Having considered both elements, it does not appear at this time that exceptional 

circumstances are present that would require the appointment of counsel in this case. See 

Wilborn, 789 F.2d at 1331. Plaintiff has filed a Response (Doc. 80) to Defendants’ 

Motion for Summary Judgment (Doc. 74), which is fully briefed and pending before the 

Court. The Court will deny Plaintiff’s Motion for Appointment of Counsel, without 

prejudice and with leave to re-file after the Motion for Summary Judgment is resolved.

Accordingly,

IT IS ORDERED THAT Plaintiff’s Motion to Request Leave of Court (Doc. 92) 

and Motion to Appoint Counsel (Doc. 93) are denied without prejudice.

Dated this 10th day of July, 2020.

Case 4:18-cv-00068-RM Document 94 Filed 07/13/20 Page 2 of 2
Case 4:18-cv-00053-FRZ-PSOT Document 1 Filed 01/29/18 Page 1 of 6
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##### 



Exhibit 31.2
 CERTIFICATION
PURSUANT TO RULES 13A-14 AND 15D-14
OF THE SECURITIES ACT OF 1934
  1.
    
    I have reviewed this Quarterly Report on Form 10-Q for the three months ended
March 31, 2006 of Ready Mix, Inc. (the Report);2.
    
    Based on my knowledge, the 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, not misleading
with respect to the period covered by the Report;3.
    
    Based on my knowledge, the financial statements, and other financial
information included in the Report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as of, and
for, the periods presented in the Report;4.
    
    The registrants other certifying officers 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 we have:
 a)
    
    Designed such disclosure controls and procedures, or caused
such disclosure controls and procedures 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 which the Report is being prepared;b)
    
    Evaluated the effectiveness of the registrants disclosure
controls and procedures and presented in the Report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by the Report based on such evaluation; andc)
    
    Disclosed in the Report any change in the registrants internal
control over financial reporting that occurred during the registrants most
recent fiscal quarterly (the registrants fourth fiscal quarter in the case of
an quarterly report) 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(s) and I have disclosed, based on 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
(or persons performing the equivalent functions):
 a)
    
    All significant deficiencies and material weaknesses in the
design or operation of internal control over financial reporting which are
reasonably likely to adversely affect the registrants ability to record,
process, summarize and report financial information; andb)
    
    Any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrants internal
control over financial reporting.
 Date: May 15, 2006
    /s/ Clint TryonClint TryonChief Financial Officer 24
H. Res. 682 

In the House of Representatives, U. S., 

July 28, 2009. 

Whereas Sally Crowe’s career spanned 52 years of service, 

beginning in 1957 as a cashier in the Longworth cafeteria; 

Whereas Sally moved to the Members’ Dining Room in the 

U.S. Capitol in the 1960s and remained on the job there 

until her passing on June 28, 2009; 

Whereas throughout her career she provided a warm and personal welcome to generations of Members, staff, and 

guests; 

Whereas regardless of who managed the Members’ Dining 

Room, Sally remained a fixture, serving with distinction 

and making a special effort to know every Member by 

name; and 

Whereas Sally will be remembered for her sense of humor, 

her strong work ethic, and her unwavering commitment 

to serving the House of Representatives: Now, therefore, 

be it 

Resolved, That the House of Representatives honors the 

memory and lasting legacy of Sally Crowe, extends its grati-
2 

•HRES 682 EH 

tude for her decades of exemplary service, and expresses its 

condolences to her family and friends at this time of loss. 

Attest: 

Clerk.
**Exhibit 32.1**

**CERTIFICATION PURSUANT TO**

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

**AS ADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Quarterly Report of Jamba, Inc. (the “Company”) on Form 10-Q forthe quarter ended July 14, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, James D. White, Chief Executive Officer and President 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 (“Section 906”), that: 

(1) The Report fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m); 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: August 20, 2009 

*A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronicversion of this written statement required by Section 906, has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.*
[Federal Register Volume 61, Number 107 (Monday, June 3, 1996)]
[Notices]
[Page 27867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13972]



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


COMMODITY FUTURES TRADING COMMISSION

Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission.

TIME AND DATE: 10:00 a.m., Tuesday, June 11, 1996.

PLACE: 1155 21st St., N.W., Washington, D.C. Lobby Level Hearing Room.

STATUS: Open.

MATTERS TO BE CONSIDERED: Second Quarter Review, FY 1996.

CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 202-418-5100.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 96-13972 Filed 5-30-96; 2:39 pm]
BILLING CODE 6351-01-M