alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 31.2.1

CERTIFICATIONS UNDER SECTION 302

I, James F. Smith, certify that:

1. I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K/A of Orchid Cellmark Inc.; and

2. Based on my knowledge, this 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 this report.

Date: April 29, 2011



|                                            
|--------------------------------------------
|/S/    JAMES F.
SMITH                       
|James F. Smith                              
|Vice President and Chief Financial Officer  
|(Principal Financial and Accounting Officer)
Exhibit 10.1

 

February 26, 2013

 

Board of Directors of Optimer Pharmaceuticals, Inc.,

101 Hudson Street, Suite 3501,

Jersey City, NJ 07302.

 

Fellow Members of the Board,

 

I defer to your decision to appoint Hank McKinnell as Chief Executive Officer and, subject to your acceptance, resign as both an officer and director of Optimer Pharmaceuticals, Inc.

 

This letter confirms the understanding that my resignation will be treated for purposes of my employment arrangements with Optimer as a termination without cause.  In addition, I recognize that events occurring during my tenure at Optimer are under heightened scrutiny.  I therefore confirm that I will repay any amounts and benefits I receive as a result of such treatment of my resignation in the event that it is finally determined by a court that I engaged in any act for which I would not be entitled to indemnification under Section 8.1 of Optimer’s by-laws.

 

	
 
    	
 
    	
Very truly   yours,
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
/s/ Pedro   Lichtinger
    
	
 
    	
 
    	
Pedro Lichtinger
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
Accepted and   Agreed:
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
Optimer   Pharmaceuticals, Inc.
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
By:
    	
/s/ Anthony E. Altig
    	
 
    	
 
    
	
Anthony E. Altig
    	
 
    	
 
    
	
Chairman,   Compensation and Governance/
    	
 
    	
 
    
	
Nominating   Committee
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5087 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 5087

      To suspend temporarily the duty on 3-Hydroxy-4-[(4-methyl-2-
      sulfophenyl)azo]-2-naphthalenecarboxylic acid, calcium salt.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2004

  Mr. Berry introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
      To suspend temporarily the duty on 3-Hydroxy-4-[(4-methyl-2-
      sulfophenyl)azo]-2-naphthalenecarboxylic acid, calcium salt.

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

SECTION 1. SUSPENSION OF DUTY ON 3-HYDROXY-4-[(4-METHYL-2-
              SULFOPHENYL)AZO]-2-NAPHTHALENECARBOXYLIC ACID, CALCIUM 
              SALT.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.35.15      3-Hydroxy-4-[(4-    Free         No change        No change        On or before 12/  ''.
                         methyl-2-                                                          31/2007
                         sulfophenyl)azo]-
                         2-
                         naphthalenecarbox
                         ylic acid,
                         calcium salt (CAS
                         No. 5281-04-9)
                         (provided for in
                         subheading
                         3204.17.90)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to articles entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
----

EXHIBIT 13.2 

CERTIFICATION PURSUANT TO SECTION 906 OF SARBANES-OXLEY ACT OF2002 (18 U.S.C. Section 1350) 

Pursuant to the requirements of Section 906 of the Sarbanes-Oxley Act of 2002(18 U.S.C. Sections 1350(a) and (b)), the undersigned hereby certifies asfollows: 

- I, Raymond Wai Man Mak, am the Director - Finance of SUNDAY  Communications Limited (the "Company").    
- To the best of my knowledge: 

> 
(A) The Company's Form 20-F accompanying this    Certification, in the form filed with the Securities and Exchange Commission    (the "Report") fully complies with the requirements of Section 13(a) of the    Securities Exchange Act of 1934 (the "Exchange Act"); and 

(B) The information in the Report fairly    presents, in all material respects, the financial condition and results of    operations of the Company. 

Dated: June 30, 2005 

| By: /s/ RAYMOND WAI MAN MAK |
|-----------------------------|
| ___________________________ |
| Name: Raymond Wai Man Mak   |
| Title: Director - Finance   |

A SIGNED ORIGINAL OF THIS WRITTEN STATEMENT REQUIRED BYSECTION 906 OF THE SARBANES-OXLEY ACT HAS BEEN PROVIDED TO SUNDAY COMMUNICATIONSLIMITED AND WILL BE RETAINED BY SUNDAY COMMUNICATIONS LIMITED AND FURNISHED TOTHE SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST. 

THE FOREGOING CERTIFICATION IS BEING FURNISHED SOLELYPURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002. IN ACCORDANCE WITH THE INTERIM GUIDANCE FOR SECTION906 CERTIFICATION ISSUED BY THE SECURITIES AND EXCHANGE COMMISSION ON MARCH 21,2003 IN RELEASE NO. 33-8212, THIS CERTIFICATION WILL NOT BE DEEMED "FILED" FORPURPOSES OF SECTION 18 OF THE SECURITIES EXCHANGE ACT OF 1934, OR OTHERWISESUBJECT TO THE LIABILITY OF THAT SECTION. 

----
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 this report is
being prepared;b)
    
    Designed such internal controls over financial reporting, or caused such internal
control over financial reporting to be designed under our supervision, to provide
reasonable assurance regarding the reliability of financial reporting and the preparation
of financial statements for external purposes in accordance with generally accepted
accounting principles;c)
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures
and presented in this report our conclusions about the effectiveness of the disclosure
controls and procedures, as of the end of the period covered by this report based on such
evaluation; andd)
    
    Disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter (the
registrants fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the registrants internal control
over financial reporting.
  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; and




---



##### 



b)
    
    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: August 13, 2008
    By:
    /s/ Edward J. GildeaEdward J. GildeaCEO, President and Director
(Principal Executive Officer)
911 A.2d 65

#### STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RAMON SANCHEZ, DEFENDANT-PETITIONER.

November 9, 2006.

ORDERED that the petition for certification is granted, limited solely to the sentencing issue raised by defendant, and the matter is summarily remanded to the trial court for resentencing in light *572of *State v. Natale,*184 *N.J.*458, 878 A.2d 724 (2005) and *State v. Pierce,*188 *N.J.*155, 902 A.2d 1195 (2006).
Exhibit 23.1

CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement (Form S-8 No. 333-44114) pertaining to the 1997
Stock Plan, 1998 Stock Plan and 2000 Employee Stock Purchase Plan, the Registration Statement (Form S-8 No. 333-102922, No. 333-84620,
No. 333-58680) pertaining to the 1998 Stock Plan and 2000 Employee Stock Purchase Plan, and the related prospectus of SeeBeyond Technology Corporation (formerly Software
Technologies Corporation) of our report dated January 31, 2003, with respect to the consolidated financial statements, as amended, and financial statement schedule of SeeBeyond Technology
Corporation included in its Annual Report (Form 10-K/A) for the year ended December 31, 2002, filed with the Securities and Exchange Commission

| | /s/ERNST & YOUNG LLP
| | --------------------

Woodland Hills, California
April 8, 2003

---

QuickLinks
EXHIBIT 10.18

AMENDMENT  TO  LOAN AND SECURITY AGREEMENT

This Amendment to Loan and Security Agreement is entered into as of June     , 2001 (the "Amendment"), be and between COMERCIA
BANKCALIFORNIA ("Bank") and SEEBEYOND TECHNOLOGY CORPORATION ("Borrower").

RECITALS

Borrower and Bank are parties to that certain Loan and Security Agreement dated as of December 4, 2000, as amended from time to time (the "Agreement"). The
parties desire to amend the Agreement in accordance with the terms of this Amendment.

NOW,
THEREFORE, the parties agree as follows:



---



IN
WITNESS WHEREOF, the undersigned have executed this Amendment as of the first date above written.

| |  | SEEBEYOND TECHNOLOGY CORPORATION
| |  | --------------------------------
| |  | By:                             
| |  |                                 
| |  | Title:                          
| |  |                                 
| |  | COMERCIA BANKCALIFORNIA        
| |  | By:                             
| |  |                                 
| |  | Title:                          
| |  |                                 

---

QuickLinks
UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

MINUTES OF PROCEEDINGS

OFFICE: TRENTON DATE: June 2, 2015

JUDGE MARY L. COOPER 

COURT REPORTERS: Regina Tell and Carol Farrell

TITLE OF CASE: CV11-3962(MLC) 

HELSINN HEALTHCARE S.A. 

v.

DR. REDDY'S LABORATORIES, LTD. 

 

APPEARANCES:

Joseph O’Malley, Esq., Eric Dittman, Esq., Isaac Ashkenazi, Esq., 

and Charles Lizza, Esq., for plaintiffs

Gorge Lombardi, Esq., Jovial Wong, Esq., Mayra Tarantino, Esq., Julia Johnson, Esq.,

and Brendan Barker, Esq. for defendant TEVA

Stuart Sender, Esq., Michael Imbacuan, Esq., Howard Wang, Esq., Kenneth Crowell, Esq.

and Constance Huttner, Esq., for defendant DR. REDDY'S LAB

NATURE OF PROCEEDINGS:

Trial without jury commenced before the Honorable Mary L. Cooper.

George Lombardi, Esq., OPENED for defendants.

Joseph O’Malley, Esq., OPENED for plaintiffs.

Georgio Calderari SWORN for defendants.

Ordered trial adjourned until 6/3/15 at 9:30am.

Lunch recess: 12:30pm – 1:30pm

TIME COMMENCED: 9:45am 

TIME ADJOURNED: 4:15pm 

TOTAL TIME: 5 hours, 30 minutes

s/Elizabeth Heffner

Deputy Clerk

Case 3:11-cv-03962-MLC-DEA Document 319 Filed 06/02/15 Page 1 of 1 PageID: 18129
Samantha H. Evans (SE0898)

Bowles Crow Newman & Lutzer LLP

54 W. 21st Street, Suite 1007

New York, NY 10010

T: 646.374.0351

F:866.844.8305

sam@bowlescohn.com

Attorneys for Plaintiff

K-BEECH, INC.,

Plaintiff,

v.

JOHN DOES 1-26, 

Defendants.

Civil Action No.: 2:11-03614-FSH-PS

PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL 

WITH PREJUDICE OF DOE 3 ONLY

PLEASE TAKE NOTICE Plaintiff hereby voluntary dismisses with prejudice Doe

Defendant 3 who was assigned the IP Address 68.45.97.53. For the avoidance of doubt, Plaintiff 

is not voluntarily dismissing any other Defendant.

Respectfully submitted,

s/ Samantha H. Evans

Samantha H. Evans (SE0898)

Bowles Crow Newman & Lutzer LLP

54 W. 21st Street, Suite 1007

New York, NY 10010

T: 646.374.0351

F:866.844.8305

sam@bowlescohn.com

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

OF NEW JERSEY

Case 2:11-cv-03614-FSH-PS Document 13 Filed 09/06/11 Page 1 of 1 PageID: 124
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5288 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 5288

           To suspend temporarily the duty on Acid blue 324.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2004

 Mr. Wilson of South Carolina introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
           To suspend temporarily the duty on Acid blue 324.

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

SECTION 1. SUSPENSION OF DUTY ON ACID BLUE 324.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.32.05      Acid blue 324 (CAS  Free         No Change        No Change        On or before 12/  ''.
                         No. 70571-81-2)                                                    31/2007
                         (provided for in
                         subheading
                         3204.12.45)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
United States Court of Appeals

for the Fifth Circuit ____________

No. 22-11221

Summary Calendar

____________

United States of America, 

Plaintiff—Appellee,

versus

Sidney Ray Williams, 

Defendant—Appellant.

______________________________

Appeal from the United States District Court 

for the Northern District of Texas

USDC No. 3:19-CR-159-1

______________________________

Before Wiener, Elrod, and Engelhardt, Circuit Judges.

Per Curiam:*

Sidney Ray Williams was sentenced to 36 months of imprisonment 

and a three-year term of supervised release following his 2020 conviction for 

possession of a firearm by a felon. His term of supervised release was revoked 

in 2022. For the first time on appeal, he challenges the constitutionality of 18 

U.S.C. § 3583(g), which mandates revocation of supervised release and a 

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

June 28, 2023

Lyle W. Cayce

Clerk

Case: 22-11221 Document: 00516803673 Page: 1 Date Filed: 06/28/2023
No. 22-11221

2

term of imprisonment for any offender who violates specified conditions of 

supervised release, including possessing a controlled substance.

Relying on United States v. Haymond, 139 S. Ct. 2369 (2019), Williams

contends that § 3583(g) is unconstitutional because it requires revocation of 

a term of supervised release and imposition of a term of imprisonment 

without affording the defendant the constitutionally guaranteed right to a 

jury trial. He concedes that his challenge is foreclosed by United States v. 

Garner, 969 F.3d 550 (5th Cir. 2020), and only raises the issue to preserve it 

for further review. The Government has filed an unopposed motion for 

summary affirmance and, alternatively, for an extension of time to file its 

brief.

In Garner, we rejected the argument that Williams has advanced and 

held that § 3583(g) is not unconstitutional under Haymond. See Garner, 969 

F.3d at 551–53. Thus, Williams’s sole argument on appeal is foreclosed. 

Accordingly, the government’s motion for summary affirmance is 

GRANTED, its alternative motion for extension of time is DENIED, and 

the judgment of the district court is AFFIRMED. See Groendyke Transp., 

Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).

Case: 22-11221 Document: 00516803673 Page: 2 Date Filed: 06/28/2023
EXHIBIT A 

Case 2:11-cv-01754-BRM-AME Document 384-2 Filed 12/15/17 Page 1 of 3 PageID: 15712
From: Assaf, Eugene F.

To: Harry M. Roth; Chris Placitella; "Jared Placitella"; Jeffrey M. " "Pollock

Cc: Farrell, Peter A.

Subject: Fwd: Williams v. BASF Catalysts LLC - Pls Ans to BASF 2nd Interrogs

Date: Thursday, December 7, 2017 8:30:16 PM

Attachments: 2017-12-07 Plaintiffs Responses to BASF 2nd Set Interrogatories.pdf

ATT00001.htm

Gentlemen:

Please let me know when you are available for a meet and confer on Interrogatories 1 to 5.

You didn't provide any factual response, so I suspect there is very little to discuss.

We believe that the failure to any meaningful response runs afoul of Fed. R. Civ. P. 33, Chief

Judge Linares' August 3, 2017 Opinion and Justice Rivera-Soto's directives to the parties.

We would like to seek the Court's intervention promptly.

Best,

Gene

Begin forwarded message:

From: Jared Placitella <jmplacitella@cprlaw.com>

Date: December 7, 2017 at 8:02:13 PM EST

To: "'Farrell, Peter A.'" <pfarrell@kirkland.com>

Cc: "'etunis@heroldlaw.com'" <etunis@heroldlaw.com>, "'jvilla@wc.com'"

<jvilla@wc.com>, "'dblatt@wc.com'" <dblatt@wc.com>,

"'rryan@connellfoley.com'" <rryan@connellfoley.com>, 'Justin Quinn'

<JQuinn@rwmlegal.com>, "'Assaf, Eugene F.'" <eassaf@kirkland.com>,

"'Williams, Michael F.'" <mwilliams@kirkland.com>, Michael Coren

<MCoren@cprlaw.com>, Chris Placitella <cplacitella@cprlaw.com>, "'Pollock,

Jeffrey M.'" <JMPollock@foxrothschild.com>, Barbara Driscoll

<bdriscoll@cprlaw.com>, "'jboyle@khmarino.com'" <jboyle@khmarino.com>

Subject: Williams v. BASF Catalysts LLC - Pls Ans to BASF 2nd Interrogs

Peter – Attached please find Plaintiffs’ collective responses to BASF’s Second Set of

Interrogatories. The verification of the acting representative for Plaintiff Ware will be

supplied under separate cover.

Thank you,

Jared

Jared M. Placitella, Esquire

C / P / R

Cohen, Placitella & Roth, P.C.

Case 2:11-cv-01754-BRM-AME Document 384-2 Filed 12/15/17 Page 2 of 3 PageID: 15713
Two Commerce Square

2001 Market Street, Suite 2900 / Philadelphia, PA 19103

215.567.3500 / 215.567.6019 (fax)

http://www.cprlaw.com

IMPORTANT CONFIDENTIALITY NOTICE

PRIVILEGED ATTORNEY/CLIENT COMMUNICATION AND/OR ATTORNEY WORK PRODUCT. This

message and attachments may contain privileged and confidential information. If you are not an

intended recipient of this message, any use, distribution or copying is prohibited; please notify

Cohen, Placitella & Roth, P.C. immediately at (215) 567-3500 or by email reply; and permanently

delete all copies. Any tax advice contained in this message and attachments may not be used for

purposes of (i) avoiding penalties under the U.S. Internal Revenue Code or (ii) promoting, marketing

or recommending to another person any tax-related matter.

Case 2:11-cv-01754-BRM-AME Document 384-2 Filed 12/15/17 Page 3 of 3 PageID: 15714
Exhibit
10.6


 


Omnibus
Agreement Extension


 


This Omnibus Agreement Extension (“Agreement”)
is entered into on February 25, 2013, and is by and between EnerVest, Ltd., (f/k/a EnerVest Management Partners, Ltd.) a Texas
limited partnership (“EnerVest”) and EV Energy GP, LP, a Delaware limited partnership (the “General Partner”).


 


WHEREAS, the Omnibus Agreement (the “First
Omnibus Agreement”), was entered into on September 29, 2006, by and among EnerVest, EV Management LLC, a Delaware limited
liability company (“EV Management”), the General Partner, EV Energy Partners, LP, a Delaware limited partnership (the
“Partnership”), and EV Properties, L.P., a Delaware limited partnership (“OLP”). Any capitalized term not
defined herein shall have the meaning set forth therein;


 


WHEREAS, pursuant to Section 3.3 of the
First Omnibus Agreement, EnerVest and the General Partner determine the amount of general and administrative expenses that will
be properly allocated to the Partnership after December 31, 2008;


 


WHEREAS, the First Omnibus Agreement automatically
renews each year if it is not terminated by either EnerVest or the General Partner;


 


WHEREAS, the First Omnibus Agreement was
extended by the Omnibus Agreement Extensions entered into on December 17, 2008, December 10, 2009, December 21, 2010 and December
20, 2011;


 


WHEREAS, neither party has terminated the
First Omnibus Agreement.


 


In consideration of the premises and the
covenants, conditions, and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, EnerVest and the General Partner hereby agree as follows:


 


1.          The
First Omnibus Agreement shall continue in effect until December 31, 2013, subject to termination or automatic renewal on such date
as provided in the First Omnibus Agreement.


 


2.          The
Partnership shall pay EnerVest a fee of $833,333.33 per month, $10 million annually, for the services described in the First Omnibus
Agreement, subject to adjustment as provided in Section 3.3 therein.


 




    	 



    	 



    

 


IN WITNESS WHEREOF, the undersigned have
executed this Agreement on, and effective as of, the date first set forth above.


 


	 	ENERVEST, LTD.
	 	 	 
	 	By:	EnerVest Management GP, L.C.,
	 	 	its general partner
	 	 	 
	 	By: 	/s/ Mark A. Houser
	 	 	Mark A. Houser
	 	 	Executive Vice President and
	 	 	Chief Operating Officer
	 	 	 
	 	EV ENERGY GP, L.P.
	 	 	 
	 	By:	EV Management, L.L.C.,
	 	 	a Delaware limited liability company
	 	 	its General Partner
	 	 	 
	 	By:	/s/ Michael E. Mercer
	 	 	Michael E. Mercer
	 	 	Senior Vice President and Chief Financial Officer