alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.78


                            Amendment Number One
                           dated January 12, 1998


        This  attachment amends and revises that certain Agreement dated
   September  3,  1996,  by  and  between  Carrington  Laboratories  and
   Faulding  Pharmaceuticals/David  Bull Laboratories, ("the Agreement")
   to now include F.H. Faulding & Co. Limited ACN 007 870 984 trading as
   Faulding Pharmaceuticals/David Bull Laboratories.

        The  parties  to  the  above  Agreement  desire  to  expand  the
   Territories  under  the  Agreement  to  include:  Thailand,  Vietnam,
   Singapore, the Philippines, Malaysia and Myanmar.

        This Amendment shall become effective upon its execution by both
   parties  subject  to  specific  agreement  on  launch  dates, pricing
   revisions, if any, packaging and minimum purchases for each country.

        It  is the intent of the parties to agree upon these operational
   details  by  no  later  than June 30, 1998, provided however, country
   specifics can be extended if mutually agreed upon.

        All   other   terms  and  conditions  of  the  Agreement  remain
   unchanged.

      AGREED AND ACCEPTED BY:    F.H.  FAULDING  &  CO. LIMITED ACN
                                 007  870  984  TRADING AS FAULDING
                                 PHARMACEUTICALS/DAVID BULL LABORATORIES



                                 _________________________________
                                 Name:  Bruce Hewett
                                 Title: General Manager, Pharma ANZ

                                 CARRINGTON LABORATORIES, INC.



                                 _________________________________
                                 Name:  Carlton E. Turner
                                 Title: President & CEO
<PAGE>

                                                                      Exhibit 11

                       National Auto Finance Company, Inc.
                    Computation of Earnings Per Common Share
                (unaudited, in thousands, except per share data)


<TABLE>
<CAPTION>
                                                                             Nine Months Ended September 30,
                                                                           ------------------------------------
                                                                                1997                 1996
                                                                           ----------------     ---------------
<S>                                                                        <C>                  <C>
        Average number of common shares outstanding                             6,995

        Proforma shares outstanding                                                 -                    6,726

        Common equivalent shares outstanding:
            Stock options                                                           -                       -
        Total common and common equivalent shares outstanding                   6,995                   6,726
        Net income before income taxes from reorganization of
            partnership                                                    $    2,487           $       1,935
                                                                           ================     ===============

        Net income (loss)                                                  $   (2,120)          $           -
                                                                           ================     ===============

        Earnings per share                                                 $     0.34           $           -
                                                                           ================     ===============

        Earnings per share as adjusted                                     $    (0.30)          $           -
                                                                           ================     ===============

        Proforma earnings per share                                                             $        0.29
                                                                                                ===============
</TABLE>

                                      28
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-QSB
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2000 AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL INFORMATION
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                          19,441
<SECURITIES>                                         0
<RECEIVABLES>                                2,467,351
<ALLOWANCES>                                   273,026
<INVENTORY>                                  3,904,627
<CURRENT-ASSETS>                             8,718,028
<PP&E>                                       7,512,992
<DEPRECIATION>                             (4,605,155)
<TOTAL-ASSETS>                               9,754,995
<CURRENT-LIABILITIES>                        3,461,559
<BONDS>                                      3,906,763
<PREFERRED-MANDATORY>                           37,228
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   2,349,445
<TOTAL-LIABILITY-AND-EQUITY>                 9,754,995
<SALES>                                     16,409,374
<TOTAL-REVENUES>                            16,409,374
<CGS>                                       12,111,582
<TOTAL-COSTS>                               12,111,582
<OTHER-EXPENSES>                             4,295,976
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             284,028
<INCOME-PRETAX>                              (282,212)
<INCOME-TAX>                                 (126,416)
<INCOME-CONTINUING>                          (155,794)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (155,794)
<EPS-BASIC>                                     (0.04)
<EPS-DILUTED>                                   (0.04)


</TABLE>
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Honorable Marcia S. Krieger

Criminal Action No. 11-cr-00355-MSK

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. WAUNITA WEINGART

2. JOHN PHILLIP GALLEGOS

3. ALOIS CRAIG WEINGART

Defendants.

ORDER GRANTING GOVERNMENY’S MOTION TO DISCLOSE

MATTERS OCCURRING BEFORE GRAND JURY TO DEFENDANTS

This matter is before the Court on the Government’s Motion to Disclose Matters

Occurrin Before Grand Jury to Defendant (Motion) (#22), pursuant to Fed. R. Crim. P. 6 (e) (3)

(E) (i).

Having reviewed the motion and being otherwise advised in the premises, the Court finds

that good and sufficient cause supports the same, and it is therefore

ORDERED that Plaintiff’s motion is GRANTED. Testimony of witnesses before the

grand jury and exhibits presented to the grand jury may be disclosed to the defendants and

their counsel in the course of discovery in this case. It is further

ORDERED that such materials shall only be used in defending this case; that such

materials may be disclosed only to the defendants and their attorneys; that if copies are

made, the defendants’ attorneys shall maintain custody of such copies, and shall not

reproduce or disseminate them; and that any material provided pursuant to this Order shall
be returned to the plaintiff at the completion of the case.

DATED this 15th day of September, 2011.

BY THE COURT:

Marcia S. Krieger

United States District Judge
**Exhibit99.3**

 

**CertificationPursuant to Section 906of Sarbanes-Oxley Act of 2002**

 

We, Harris A. Shapiro andIrene J. Marino, do hereby certify that:

 

1.                                       This annual report of PerfectData Corporationcontaining the financial statements for the year ended March 31, 2003 and 2002fully complies with the requirements of section 13(a) of the SecuritiesExchange Act of 1934 (15 U.S.C. 78m) and

 

2.                                       The information contained in this annualreport fairly presents, in all material respects, the financial condition andresults of operations of PerfectData Corporation.

 

 
| Date:   June 23, 2003 |                                                  |
|--------------------------------------|-------------------------------------------------------|
|                                 |                                                  |
|                                 |                                                  |
|                                 | /s/  Harris A. Shapiro                      |   |
|                                 | Harris A. Shapiro                                     |
|                                 | Chairman of the Board and                             |
|                                 | Chief Executive Officer                               |
|                                 |                                                  |
|                                 | /s/  Irene J. Marino                        |   |
|                                 | Irene J. Marino                                       |
|                                 | Vice President, Finance,                              |
|                                 | Chief Financial Officer and  Chief Accounting Officer |

 

A signed original of this written statement required by Section 906 hasbeen provided to PerfectData Corporation and will be retained by PerfectDataCorporation and furnished to the Securities and Exchange Commission or itsstaff upon request.

 

E-7

----
|   **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 Quarterly Report of Cannabis Science, Inc., (the “Company”) on Form 10-Q for the period ended September 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Dr. Robert Melamede, Chief Executive 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.

By: /s/*Dr. Robert Melamede*Dr. Robert MelamedePresident and Chief Executive Officer

March 17, 2010

                               |
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02291-REB-MJW

VERNE JAY MERRELL,

Plaintiff,

v.

DAVID ALLRED, D.O. FCC Health Services, and

PATRICIA MITCHELL, Program Mgt [sic] Officer, Health Services,

in their individual and professional capacities,

Defendants.

MINUTE ORDER 

Entered by Magistrate Judge Michael J. Watanabe

It is hereby ORDERED that plaintiff’s Motion for Reconsideration (Docket No.

124) is GRANTED as follows. On May 14, 2013, this court entered an Order (Docket

No. 121) denying without prejudice Plaintiff’s Motion for Leave to File First Amended

Complaint (Docket No. 118). The court denied plaintiff’s motion because an appeal was

currently pending before the Tenth Circuit. On May 20, 2013, the Tenth Circuit issued a

Mandate (Docket No. 123) dismissing plaintiff’s appeal. 

Accordingly, it is FURTHER ORDERED that the court’s May 14, 2013 Order

(Docket No. 121) is VACATED. Plaintiff’s Motion for Leave to File First Amended

Complaint (Docket No. 118) shall be considered pending as of the date of this order. 

This court will consider plaintiff’s motion to still be referred by Judge Blackburn for

ruling.

It is FURTHER ORDERED that defendants shall have up to and including June

18, 2013 to file a response to Plaintiff’s Motion for Leave to File First Amended

Complaint (Docket No. 118) 

Date: May 29, 2013

Case 1:11-cv-02291-REB-MJW Document 126 Filed 05/29/13 USDC Colorado Page 1 of 1
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

Boerne to Bergheim Coalition for Clean

Environment

,

Appellant

,

v.

Texas Commission on Environmental

Quality and Vulcan Construction

Materials, LLC

,

Appellee s

. **§**

**§**

**§**

**§**

**§**

**§**

**§**

**§** No. 08

- 20

- 00 035

- C V

Appeal from the

459 th District Court

of Travis C ounty, Texas

(TC# D

- 1

- GN

- 18

- 003134 )

O R D E R

On January 7, 2021 , the Court directed the District Clerk of Travis County to provide a

supplemental record containing the administrative record in this case. On January 12, 2021 the

District Clerk advised the Court that Leah Hayes, Court Reporter for the 459 th District Cou rt, is

in possession of the administrative record.

Because it is not clear whether the court reporter or the District Clerk has current

possession over the record, and because the Court needs this record to resolve this appeal, we

therefore order both c ourt reporter Leah Hayes AND the District Clerk to, by February 1 8 , 2021,

either 1) file the record (if the record is in the party's possession) or 2) to file a written

explanation of the current status of the record (if the party is not in possession of t he record).

Failure to comply with this order may result in further action by this Court.

IT IS SO ORDERED this 1 1 th d ay of February

, 20 2 1

.

PER CURIAM

Before Rodriguez, C. J., Palafox, J., and Ferguson, Judge

(Ferguson, Judge, sitting by assignment)
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1249 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
                                S. 1249

 To require the President to close the Department of Defense detention 
       facility at Guantanamo Bay, Cuba, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 30, 2007

Mrs. Feinstein introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
 To require the President to close the Department of Defense detention 
       facility at Guantanamo Bay, Cuba, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REQUIRED CLOSURE OF GUANTANAMO BAY DETENTION FACILITY.

    (a) Closure of Detention Facility.--Not later than one year after 
the date of the enactment of this Act--
            (1) the President shall close the Department of Defense 
        detention facility at Guantanamo Bay, Cuba; and
            (2) all detainees detained at such facility shall be 
        removed from the facility and--
                    (A) transferred to a military or civilian detention 
                facility in the United States and charged with a 
                violation of United States or international law and 
                tried in an Article III court or military legal 
                proceeding before a regularly-constituted court;
                    (B) transferred to a military or civilian detention 
                facility in the United States without being charged 
                with a violation of law if the detainee may be held as 
                an enemy combatant or detained pursuant to other legal 
                authority as Congress may authorize;
                    (C) transferred to an international tribunal 
                operating under the authority of the United Nations 
                with jurisdiction to hold trials of such individuals;
                    (D) transferred to their country of citizenship or 
                a different country for further legal process, provided 
                that such country provides adequate assurances that the 
                individual will not be subject to torture or cruel, 
                inhuman, or degrading treatment; or
                    (E) released from any further detention.
    (b) Immigration Status.--The transfer of an individual under 
subsection (a) shall not be considered an entry into the United States 
for purposes of immigration status.
                                 <all>
```
Case 1:11-cv-01977-LTB Document 35 Filed 10/24/11 USDC Colorado Page 1 of 3
Case 1:11-cv-01977-LTB Document 35 Filed 10/24/11 USDC Colorado Page 2 of 3
Case 1:11-cv-01977-LTB Document 35 Filed 10/24/11 USDC Colorado Page 3 of 3
#### In the Matter of Nelson Pagan, Petitioner, v Glenn S. Goord, as Commissioner of Correctional Services, Respondent.

[744 NYS2d 912]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule prohibiting possession of a weapon. The determination has now been administratively reversed and all references thereto have been expunged from petitioner’s institutional records. Inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see, *Matter of Curtis v Goord,*274 AD2d 808; *Matter of Maldonado v Miller,*259 AD2d 912).

Cardona, P.J., Mercure, Spain, Carpinello and Mugglin, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

August 14, 2012

No. 11-3732

FITZROY GERALD GREEN,

 Petitioner

v.

ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA,

 Respondent

(Agency No. BIA-1: A099-232-461 )

Present: RENDELL, SMITH and BARRY, Circuit Judges

1. Motion filed by the Respondent to publish opinion dated 7/13/12.

2. Response in Opposition to Motion to Publish filed by Petitioner.

Respectfully,

Clerk/trg

_________________________________ORDER________________________________

The foregoing motion is GRANTED. 

By the Court,

/s/Maryanne Trump Barry

Circuit Judge

Dated: September 12, 2012

trg/cc: Elissa C. Steglich, Esq.

Amelia Wilson, Esq.

Jason Wisecup, Esq.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SERGIO PABLO,

 Petitioner - Appellant,

 v.

W.L. MONTGOMERY, Warden,

 Respondent - Appellee.

No. 14-16128

D.C. No. 3:13-cv-00627-EMC

MEMORANDUM*

Appeal from the United States District Court

for the Northern District of California

Edward M. Chen, District Judge, Presiding

Submitted June 22, 2015**

Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.

California state prisoner Sergio Pablo appeals pro se from the district court’s 

judgment denying his 28 U.S.C. § 2254 habeas corpus petition. We have 

jurisdiction under 28 U.S.C. § 2253. We review de novo a district court’s denial of 

a habeas corpus petition, see Stanley v. Cullen, 633 F.3d 852, 859 (9th Cir. 2011), 

 

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

except as provided by 9th Cir. R. 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

JUN 26 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 14-16128

and we affirm.

Pablo contends that the trial court violated his rights to a fair trial and 

impartial jury by denying his motion for a new trial based on alleged juror 

misconduct. In light of the nature of the extrinsic evidence to which the jury was 

exposed, the overwhelming evidence of guilt, and the record as a whole, Pablo has 

not shown that any alleged juror misconduct had a “substantial and injurious effect 

or influence in determining the jury’s verdict.” See Brecht v. Abrahamson, 507 

U.S. 619, 623 (1993) (internal quotations omitted); Sassounian v. Roe, 230 F.3d 

1097, 1109 (9th Cir. 2000) (enumerating factors in determining prejudice from 

jurors’ exposure to extrinsic evidence). Accordingly, the state court’s conclusion 

that Pablo was not entitled to a new trial was not contrary to, or an unreasonable 

application of, clearly established federal law. See 28 U.S.C. § 2254(d)(1).

AFFIRMED.
1

An indefinite stay of proceedings is generally disfavored in this District. See Chavez v.

Young Am. Ins. Co., No. 06-2419, 2007 WL 683973, *2 (D. Colo. Mar. 2, 2007). 

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02426-REB-MEH

CHEVRON CORPORATION,

Plaintiff,

v.

MARIA AGUINDA SALAZAR,

Defendant.

DOUGLAS BELTMAN,

Movant.

ORDER ON MOTION FOR PROTECTIVE ORDER

Michael E. Hegarty, United States Magistrate Judge.

Before the Court is an Amended Motion for Protective Order filed by Non-Party Douglas

Beltman [filed September 16, 2011; docket #4]. On September 20, 2011, Mr. Beltman filed a Notice

of Stay informing the Court that the litigation underlying this matter had been stayed by the Second

Circuit Court of Appeals. Accordingly, this Court requested supplemental briefing from the parties

seeking their positions on the impact of such stay on the current matter. The parties timely filed

supplemental briefs with the Court on September 28, 2011. According to the briefs, the parties agree

that this matter should be held in abeyance until the Second Circuit’s stay is lifted or modified, or

until the discovery in the underlying action is otherwise authorized. See docket #14 at 3-4; docket

#15 at 2.

Rather than impose an indefinite stay on this proceeding,1

 the Court will deny the motion

Case 1:11-cv-02426-REB-MEH Document 16 Filed 09/30/11 USDC Colorado Page 1 of 2
2

without prejudice and grant Mr. Beltman leave to re-file consistent with any action taken concerning

the underlying litigation. Any delay in re-filing the motion caused by the Second Circuit’s stay of

the underlying litigation will not affect the Court’s consideration of timeliness pursuant to Fed. R.

Civ. P. 45(c)(3).

Dated and ordered at Denver, Colorado, this 29th day of September, 2011.

BY THE COURT:

Michael E. Hegarty

United States Magistrate Judge

Case 1:11-cv-02426-REB-MEH Document 16 Filed 09/30/11 USDC Colorado Page 2 of 2