alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 23.1



REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



To the Board of Directors and Stockholders of

Factory Card & Party Outlet Corp.

Naperville, Illinois



We have reviewed the
accompanying condensed consolidated balance sheet of Factory Card & Party Outlet Corp. and subsidiary as of May 1, 2004, and the related condensed consolidated statements of operations and cash flows for the three-month periods ended May 1, 2004
and May 3, 2003. These interim financial statements are the responsibility of the Companys management.



We conducted our reviews in accordance with standards of the Public Company Accounting Oversight Board (United States). A review of interim financial information consists principally of applying analytical procedures
and making inquiries of persons responsible for financial and accounting matters. It is substantially less in scope than an audit conducted in accordance with the standards of the Public Company Accounting Oversight Board (United States), the
objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion.



Based on our reviews, we are not aware of any material modifications that should be made to such condensed consolidated interim financial statements for them to be in
conformity with accounting principles generally accepted in the United States of America.



We have previously audited, in accordance with standards of the Public Company Accounting Oversight Board (United States), the consolidated balance sheet of Factory Card & Party Outlet Corp. and subsidiary as of
January 31, 2004, and the related consolidated statements of operations, stockholders equity, and cash flows for the 52 weeks ended January 31, 2004 (not presented herein); and in our report dated April 5, 2004, we expressed an unqualified
opinion on those consolidated financial statements. In our opinion, the information set forth in the accompanying condensed consolidated balance sheet as of January 31, 2004 is fairly stated, in all material respects, in relation to the consolidated
balance sheet from which it has been derived.



|                         
|-------------------------
|/s/ Deloitte & Touche LLP
|Chicago, Illinois        
|May 26, 2004
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

OCEAN DRIVE WHOLESALE AND RETAIL LTD. CO.
, a dissolved Florida limited liability company

, and

DEKEL SVORAI
, Appellant s ,

v.

SANDTON CAPITAL PARTNERS, L.P.
, and N427TL, LLC, a dissolved Florida limited liability company

, Appellee s

.

No. 4D 21

- 1586

[ May 5, 2022 ]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County ; Keathan B. Frink , Judge; L.T. Case No. CACE10

- 33527

.

Nicole R. Mosko witz of Neustein Law Group, P.A., Aventura, for appellants.

Riley W. Cirulnick of Lorium Law, Fort Lauderdale

, for appellee Sandton Capital Partners, L.P.

P ER C URIAM

.

Affirmed.

D AMOORGIAN

, G ERBER and K UNTZ

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
Exhibit 32

Modem Media, Inc. 906 Certification

The certification set forth below is being submitted in connection with the Form 10-Q dated as of June 30, 2003 (the Report) for the purpose of
complying with Rule 13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934 (the Exchange Act) and Section 1350 of Chapter 63 of Title 18 of the United States Code.

Marc C. Particelli, the Chief Executive Officer and Frank J. Connolly, Jr., the Chief Financial Officer of Modem Media, Inc. each certifies that, to the best of his
knowledge:

| | 1. | The Report fully complies with the requirements of Section 13(a) 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 Modem Media, Inc.

| | /s/  Marc C. Particelli                        | 
| | ---------------------------------------------- | 
| |                                                | 
| | Marc C. Particelli Chief Executive Officer     | 
| |                                                | 
| | /s/  Frank J. Connolly, Jr.                    | 
| |                                                | 
| | Frank J. Connolly, Jr. Chief Financial Officer |
Third Amendment to 2000 Stock Option Plan



 EXHIBIT 10.14 
  
 THIRD AMENDMENT 
  
 TO 
  
 2000 STOCK OPTION PLAN 
  
 THIS THIRD AMENDMENT TO 2000 STOCK OPTION PLAN (the “Amendment”) is made and adopted, effective as of January 20, 2004 (the “Effective Date”), by CALLWAVE, INC., a California
corporation (the “Company”), with reference to the following facts. 
  
 RECITALS: 
  
 A. The
Company previously adopted that certain 2000 Stock Option Plan dated effective April 13, 2000, (the “Option Plan”), and the shareholders and Board of Directors of the Company set aside thereunder Seven Hundred Fifty Thousand (750,000)
shares of Common Stock as of April 13, 2000, to permit certain additional administrative procedures in connection with the operation of the Option Plan. 
  
 B. The Company previously adopted the First Amendment to the 2000 Stock Option Plan dated effective December 18, 2001 and the shareholders and Board of
Directors of the Company set aside thereunder to increase the shares under the Option Plan to One Million Seven Hundred Fifty Thousand (1,750,000) shares. 
  
 C. The Company previously adopted the Second Amendment to the 2000 Stock Option Plan dated effective December 18, 2001 and the shareholders and Board of
Directors of the Company set aside thereunder to increase the shares under the Option Plan to Two Million Seven Hundred Fifty Thousand (2,750,000) shares. 
  
 D. The Board of Directors and shareholders have determined that in order to attract and retain talented employees, the Company needs to set aside
additional shares under that Option Plan for the granting of options and issuance of shares of restricted stock thereunder. 
  
 E. The Board of Directors and shareholders of the Corporation have approved the setting aside of an additional One Million (1,000,000) shares of Common
Stock under the Option Plan, and the Company is executing this Amendment in order memorialize those actions. 
  
 AMENDMENT: 
  
 NOW, THEREFORE, the Company, intending to be legally bound, hereby amends the Option Plan as follows: 
  
 1. INCREASE IN AUTHORIZED SHARES 
  
 Effective as of the Effective Date, the number of shares of Common Stock set
aside under the Option Plan for the granting of options and issuance of shares of restricted stock thereunder is hereby increased by One Million (1,000,000) shares, to a total of Three Million Seven Hundred Fifty Thousand (3,750,000) (including in
such 3,750,000 figure the aggregate number of shares of Common Stock heretofore set aside under the Option Plan). 







 2. MISCELLANEOUS 
  
 Except as expressly modified by this Amendment, the Option Plan is hereby ratified and confirmed and remains in full force and effect. 
  
 (Signature appears on the following page.) 
  

 -2- 








 IN WITNESS WHEREOF, the undersigned has executed this Third Amendment, effective as of the
“Effective Date” described above. 
  
  

			
	CALLWAVE, INC., a California corporation
		
	 By
	 	 /s/    DAVID
HOFSTATTER        


	 	 	David Hofstatter
	 	 	President and Chief Executive Officer


  

 -3-
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02290-BNB

RICHARD CROW,

Plaintiff,

v.

SGT. J.A. JAMES (DRDC), and

UNKNOWN JOHN DOE MEDICAL STAFF (DRDC),

Defendants.

ORDER DRAWING CASE

After review pursuant to D.C.COLO.LCivR 8.2C, the court has determined that

this case does not appear to be appropriate for summary dismissal. Therefore, the

case will be drawn to a district judge and to a magistrate judge. See D.C.COLO.LCivR

8.2D. Accordingly, it is

ORDERED that this case shall be drawn to a district judge and to a magistrate

judge.

DATED December 7, 2011, at Denver, Colorado.

BY THE COURT:

 s/ Boyd N. Boland 

United States Magistrate Judge

Case 1:11-cv-02290-CMA-MEH Document 12 Filed 12/07/11 USDC Colorado Page 1 of 1
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Robert E. Blackburn

Civil Case No. 11-cv-02441-REB-BNB

ISADORE BROWN,

Plaintiff,

v.

DENVER POLICE OFFICER GARCIA,

DENVER POLICE OFFICER ROMAN YEPSHIN,

DENVER POLICE OFFICER SERGEY GUREVICH,

DETECTIVE JOEY SMITH, and

CITY AND COUNTY OF DENVER, Jointly and Severally,

Defendants.

ORDER ADOPTING RECOMMENDATION OF THE 

UNITED STATES MAGISTRATE JUDGE

Blackburn, J.

The matter before me is the recommendation to continue the trial in this matter

contained in the Recommendation of United States Magistrate Judge [#26]1

 filed

May 4, 2012. No objection having been filed, I review the recommendation for plain

error only. See Morales-Fernandez v. Immigration & Naturalization Service, 418

F.3d 1116, 1122 (10th Cir. 2005). Finding no such error in the magistrate judge’s

recommended disposition, I find and conclude that the recommendation should be

approved and adopted.

1

 “[#26]” is an example of the convention I use to identify the docket number assigned to a

specific paper by the court’s electronic case filing and management system (CM/ECF). I use this

convention throughout this order.

Case 1:11-cv-02441-REB-BNB Document 31 Filed 05/22/12 USDC Colorado Page 1 of 2
THEREFORE, IT IS ORDERED as follows:

1. That Recommendation of United States Magistrate Judge [#26] filed May

4, 2012, is APPROVED AND ADOPTED as an order of this court;

2. That the dispositive motion deadline is EXTENDED to September 7, 2012;

3. That the Trial Preparation Conference, currently scheduled for Friday,

October 12, 2012, at 3:00 p.m., as well as the trial, currently scheduled to commence on

October 29, 2012, at 8:30 a.m., are VACATED and CONTINUED, pending further order

of the court; and

4. That the Trial Preparation Conference and trial SHALL BE RESET during a

telephonic setting conference on June 13, 2012, at 10:00 a.m. (MDT); provided,

furthermore, that counsel for plaintiff SHALL ARRANGE and COORDINATE

the conference call necessary to facilitate the setting conference.

Dated May 22, 2012, at Denver, Colorado.

BY THE COURT:

2

Case 1:11-cv-02441-REB-BNB Document 31 Filed 05/22/12 USDC Colorado Page 2 of 2
**EXHIBIT 32.1**





**CERTIFICATION**


Pursuant
      to 18 U.S.C. 1350


(Section
      906 of the Sarbanes-Oxley Act of 2002)





In
      connection with the Quarterly Report on Form 10-Q of Incentra Solutions, Inc.
      (the "Company") for the period ended September 30,, 2007, as filed with the
      Securities and Exchange Commission on the date hereof (the "Report"), Thomas
      P.
      Sweeney III, as Chief Executive Officer of the Company, hereby certifies,
      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 results of operations of the Company.




Date:November
              14, 2007
            By:
            /s/
              Thomas P. Sweeney IIIThomas
              P. Sweeney IIIChief
              Executive Officer




___________________________________________________________________________





This
      certification accompanies each Report pursuant to § 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 §18 of the
      Securities Exchange Act of 1934, as amended.





A
      signed
      original 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.
<PAGE>

                                                                    EXHIBIT 10.4





April 28, 2000


Thomas E. Dooley
Deputy Chairman
Viacom Inc.
1515 Broadway
New York, New York  10036



Dear Tom:

                  This letter is intended to confirm certain of our
understandings relating to the Agreement between you and Viacom Inc. (the
"Company"), dated as of September 6, 1999 (the "Agreement").

                  You have agreed to resign your employment as an employee of
the Company and any of the Company's direct or indirect subsidiaries and your
position as an officer of the Company as Deputy Chairman and Executive Vice
President. You further have agreed to resign as an officer and member of the
boards of directors of the Company's direct and indirect subsidiaries (except as
noted in the following sentence). It is our mutual intention that you shall
continue as a member of the boards of directors of the Company, Blockbuster Inc.
and The MTVi Group, Inc. for the remainder of your current term. All
resignations shall be effective as of the day immediately prior to the Effective
Time of the closing of the transactions contemplated by the Agreement and Plan
of Merger between CBS Corporation and the Company, dated as of September 6,
1999. The Company acknowledges that such resignation is at the request, and for
the benefit, of the Company, shall be deemed to constitute termination of your
employment for "Good Reason" (and for this purpose the Company waives any
written notice from you or any period within which to cure) and the Resignation
Date for purposes of the Agreement shall be deemed to include the date of such
resignation thereby qualifying you for all the payments and benefits attendant
to a resignation for Good Reason or a resignation on the Resignation Date, under
the Agreement, and the Restricted Period for purposes of Section 4.1 of the
Agreement shall commence on such Resignation Date.
<PAGE>

                  Please acknowledge your assent to the foregoing by executing
the attached copy of this letter agreement where indicated and returning it to
the Company.

                                                     Very truly yours,

                                                     /s/ Michael D. Fricklas




ACCEPTED AND AGREED:



  /s/ Thomas E. Dooley
--------------------------------
   Thomas E. Dooley
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Farm Credit Administration

          - 12 CFR Part 630 
          - RIN 3052-AC40 

# AGENCY:

Farm Credit Administration. 

# ACTION:

Notice of effective date. 

# SUMMARY:

                        The Farm Credit Administration (FCA or Agency), through the FCA Board (Board), issued a direct final rule with opportunity for comment under part 630 on November 15, 2007 (72 FR 64129) amending our regulation on the external auditor's assessment of internal control over financial reporting concerning the System-wide annual report to investors. The opportunity for comment expired on December 17, 2007. The FCA received no comments and therefore, the direct final rule becomes effective without change. In accordance with 12 U.S.C. 2252, the effective date of the final rule is 30 days from the date of publication in the                         **Federal Register**                         during which either or both Houses of Congress are in session. Based on the records of the sessions of Congress, the effective date of the regulations is January 31, 2008.                     

# DATES:

*Effective Date:*                         The regulation amending 12 CFR part 630 published on November 15, 2007 (72 FR 64129) is effective January 31, 2008.                     

# FOR FURTHER INFORMATION CONTACT:

Wade Wynn, Policy Analyst, Office of Regulatory Policy, Farm Credit Administration, McLean, Virginia 22102-5090, (703) 883-4414, TTY (703) 883-4434 

 or 

Laura McFarland, Senior Attorney, Office of General Counsel, Farm Credit Administration, McLean, Virginia 22102-5090, (703) 883-4020, TTY (703) 883-4020. 

Authority:(12 U.S.C. 2252(a)(9) and (10)). 

Dated: January 31, 2008. 

Roland E. Smith, 

Secretary, Farm Credit Administration Board.

 [FR Doc. E8-2381 Filed 2-7-08; 8:45 am] 

BILLING CODE 6705-01-P
Exhibit 23


            CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


We have issued our report dated May 12, 2000, accompanying the consolidated
financial statements of Arctic Cat Inc. and subsidiaries included in the
Annual Report on Form 10-K of Arctic Cat Inc. for the year ended March 31,
2000.  We hereby consent to the incorporation by reference of said report in
the Registration Statements of Arctic Cat Inc. on Forms S-8 (File No.
33-37065, effective October 1, 1990, File No. 33-69916, effective October 4,
1993, and File No. 33-97244, effective September 22, 1995).



/s/Grant Thornton LLP
______________________
Minneapolis, Minnesota
June 27, 2000
#### Hy Hilzen, Appellant, *v.*Universal Restaurant Co., Inc., et al., Defendants, and Sammy Kay, Respondent.

Supreme Court, Appellate Term, First Department,

December 20, 1956.

*564
      *Samuel Brodsky*for appellant.

*Harry W. Davis*for respondent.

*Per Curiam.*

The defendant having failed for more than two years to comply with an order of the court, later affirmed by this tribunal, permitting him to open his default, it was improper to vacate the judgment and extend defendant’s time to comply with the conditions of the prior order. Such delay was not excused because the judgment was not served on the defendant personally, service upon his attorneys being sufficient.

The order should be reversed, with $10 costs, and motion denied.

Hoestadter, Aurelio and Tilzer, JJ., concur.

Order reversed, etc.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane lunani m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T A LBERTO J O RG E V A RG A SRODRI GU EZ , P et i t i on er , v. E R I C H . H O L D E R , J r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 10- 71821 A ge nc yN o. A 099- 632- 993 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

an O r de rof

the B o ar do f I m m ig r a tio n A p p e a ls S ubm i tt e d Jul y17, 2012 ** B efo re: S C H R O E D E R , T H O M A S , an dS IL V E R M A N , C i rcu i tJu d g es. A lbe rt o J or ge V ar ga s - R odr i gue z , ana t i ve and c i t i z e n of M e xi c o, pe t i t i ons f o rr e v ie w o f

th e B o ar do f

I m m ig r a tio n A p p e a ls ’ ( “B I A ” ) o r d e rd is m is s in g h is appealfr om an i m m i grat i on j ud ge’ s r em ov alorder. W e have j uri sdi ct i on un der 

# FI LED JU L 24 2012 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS10- 71821 2 8 U .S .C . § 1 2 5 2 . W e r e v ie w d e n o v o qu e s tio n s o f law , Moh am m ed v. G on zales , 4 0 0 F . 3 d7 8 5 , 7 9 1 - 9 2 ( 9 th C i r . 2 0 0 5 ) , an dwe d e n yth e p e t i t i o n f o rr e v i e w. V arg as-R o d ri g u ez’ s co n t en t i o n th atth e B IA v i o l at edh i s ri g h tt o du e p ro cess by no taddres si ng hi s c l ai m of i neff ec t i ve as si st ance of coun se lfa i l s bec ause he has n o t e s tab lis h e dp r e

ju d ic e r e s u ltin g f

r o m th e B I A ’s o m is s io n . Se e La ta v . I NS , 204 F . 3d 1241, 1246 ( 9th C i r . 2000) ( r e qui r i ng e rr orand pr e j udi c e t o pr e va i lon adue p r o c e s s c la im ) . V ar gas- R od ri gu ez has f ai l ed t o rai se i n h i s openi ng bri ef , and there fore has w a i ve d, anyc ha l l e nge t o the a ge nc y ’ s de ni a lof hi s appl i c a t i on f

orc anc e l l a t i on of r e m o v a l. See R i

zk v. H older , 629 F . 3d 1083, 1091 n. 3 ( 9th C i r . 2011) ( i s s ue s not ra i se d i n a pet i t i on er ’ s openi ng bri ef ar e dee m ed w ai ved). P E T I T I ON F OR RE V I E W DE NI E D.
<PAGE>
                                                                  EXHIBIT 10.33
                                          
                                 THIRD AMENDMENT TO

                 MOLECULAR BIOSYSTEMS, INC. 1993 STOCK OPTION PLAN


The Molecular Biosystems, Inc. 1993 Stock Option Plan, as amended (the "Plan"),
is amended as follows pursuant to the authority of the Board of Directors of
Molecular Biosystems, Inc. under Paragraph 8.2 of the Plan:

1.   PARAGRAPH 2.5.  Paragraph 2.5 of the Plan is amended to read as follows:

2.5  NON-EMPLOYEE DIRECTOR means a Director who (i) is not currently an 
Officer or Employee, (ii) does not receive direct or indirect compensation 
from the Company or any Subsidiary for services rendered as a consultant, or 
in any capacity other than as a Director, in an amount for which disclosure 
would be required under Item 404(a) of Regulation S-K of the Securities and 
Exchange Commission ("Item 404(a)"), (iii) does not possess an interest in 
any other transaction for which disclosure would be required under Item 
404(a) and (iv) is not engaged in a business relationship for which 
disclosure would be required under Item 404(a).

2.   PARAGRAPH 2.14.  Paragraph 2.14 of the Plan is amended to read as follows:

2.14 OFFICER means: (i) the Company's Chief Executive Officer; (ii) the 
Company's Chief Operating Officer; (iii) the Company's President; (iv) any 
Vice President of the Company; and (v) any other person who is considered an 
"officer" of the Company for purposes of Rule 16a-1(f) under the Securities 
Exchange Act of 1934.

3.   PARAGRAPH 5.2.  Paragraph 5.2 of the Plan is amended to read as follows:

5.2  OFFICER OPTIONS COMMITTEE.  The Plan shall be administered by a 
committee (the "Officer Options Committee") in respect of Officers. The 
Officer Options Committee shall be or consist of (i) the Compensation 
Committee of the Board, or (ii) if any member of the Compensation Committee 
is not a Non-Employee Director, the members of the Compensation Committee who 
are Non-Employee Directors, or (iii) if there are not at least two members of 
the Compensation Committee who are Non-Employee Directors, the full Board.

4.   EFFECTIVE DATE.  This Amendment shall become effective as of the date of 
its approval by the Board of Directors of Molecular Biosystems, Inc.