Restivo v. Union Pacific Railroad Company et al, No. 2:2020cv00820 - Document 30 (D. Nev. 2020)
Court Description: ORDER Granting 25 Motion for Permission to Practice Pro Hac Vice - Verified Petition. Signed by Judge Gloria M. Navarro on 12/1/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - MR)
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Restivo v. Union Pacific Railroad Company et al Doc. 30 Case 2:20-cv-00820-GMN-VCF Document 30 Filed 12/01/20 Page 1 of 6 1 2 .," 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 9 JAMES RESTIVO Plaintiff(s), 10 11 12 13 vs. UNION PACIFIC RAILROAD COMPANY, et al. Defendant(s). 14 ) ) ) ) ) ) ) ) ) ) ) ) Case# 2:20-cv-00820-GMN-VCF VERIFIED PETITION FOR PERMISSION TO PRACTICE IN THIS CASE ONLY BY ATTORNEY NOT ADMITTED TO THE BAR OF THIS COURT AND DESIGNATION OF LOCAL COUNSEL FILING FEE IS $250.00 15 16 17 18 M o n ic a A . S ilv e_r ___, Petitioner, respectfully represents to the Court: ___ _ _ _ _ ___ _ (name of pt-titioner) I. That Petitioner is an attorney at lawand a member of the lawfirm of Murphy, Campbell, Alliston & Quinn (firm name) 19 20 8801 Folsom Boulevard, Suite 230 with offices at ------------------------- (street address) 21 Sacramento (city) 22 23 24 25 26 27 28 (916) 400-2300 (area code + telephone number) 2. California (state) 95826 (zip code) msilver@murphycampbell.com (Email address) That Petitioner has been retained personally or as a member of the law firm by UNION PACIFIC RAILROAD COMPANY [client(s)] to provide legal representation in connection with the above-entitled case now pending before this Court. Rev. 5/16 Dockets.Justia.com Case 2:20-cv-00820-GMN-VCF Document 30 29 Filed 12/01/20 11/30/20 Page 2 of 6 3 _ ....,.b e_r 4_,_2_0_1_9__, Petitioner has been and presently is a That since __Dec _ e_ m (date) _ or_n_ia___ member in good standing of the bar of the highest Court of the State of ____C_a_h·ri ....,. (state) where Petitioner regularly practices law. Petitioner shall attach a certificate from the state bar or 4 from the clerk of the supreme court or highest admitting court of each state, territory, or insular 5 possession of the United States in which the applicant has been admitted to practice law certifying 6 the applicant's membership therein is in good standing. 1 2 3. 7 4. That Petitioner was admitted to practice before the following United States District 8 Courts, United States Circuit Courts of Appeal, the Supreme Court of the United States and Courts 9 of other States on the dates indicated for each, and that Petitioner is presently a member in good 10 standing of the bars of said Courts. 11 Court 12 Eastern District of California Date Admitted October 16, 2020 Bar Number 328726 13 14 15 16 17 18 19 20 21 22 23 5. That there are or have been no disciplinary proceedings instituted against petitioner, nor any suspension of any license, certificate or privilege to appear before any judicial, regulatory or administrative body, or any resignation or termination in order to avoid disciplinary or disbarment proceedings, except as described in detail below: one. 24 25 26 27 28 2 Rev. 5/16 Case 2:20-cv-00820-GMN-VCF Document 30 29 Filed 12/01/20 11/30/20 Page 3 of 6 6. 1 That Petitioner has never been denied admission to the State Bar of Nevada. (Give 2 particulars if ever denied admission): 3 None. 4 5 6 7 7. That Petitioner is a member of good standing in the following Bar Associations. California State Bar Association 8 9 10 8. Petitioner has filed application(s) to appear as counsel under Local Rule IA 11-2 11 (formerly LR IA 10-2) during 12 Date of Application the past three (3) years in the following matters: Cause Title of Court Administrative Body or Arbitrator 13 14 (State "none" ifno applications.) Was Application Granted or Denied None 15 16 17 18 19 20 (If necessary, please attach a statement of additional applications) 9. Petitioner consents to the jurisdiction of the courts and disciplinary boards of the 21 State of Nevada with respect to the law of this state governing the conduct of attorneys to the same 22 extent as a member of the State Bar of Nevada. 23 24 25 26 10. Petitioner agrees to comply with the standards of professional conduct required of the members of the bar of this court. 11. Petitioner has disclosed in writing to the client that the applicant is not admitted to practice in this jurisdiction and that the client has consented to such representation. 27 28 3 Rev. 5/16 Case 2:20-cv-00820-GMN-VCF Document 30 29 Filed 12/01/20 11/30/20 Page 4 of 6 I 2 That Petitioner respectfully prays that Petitioner be admitted to practice before this Court FOR THE PURPOSES OF THIS CASE ONLY. 3 ~ 4 STATE OF 5 California -------- COUNTY OF SACRAMENTO 6 7 8 _ _ _M_o_n_i_ca_A_._S_il_v_e_r_ _, Petitioner, being first duly sworn, deposes and says: That the foregoing statements are true. ~ 9 10 11 12 13 14 . titioner s signature ) ) ) Subscribed and sworn to before me this ~ day of ttttoner s signature fm:N1,mJ)l( 2)A. D)tdf2 ~ ~ otaryPu~ 1 • ·_ ~:~;~7 f :.@~ I •· Mr.?°!!"';~es!°9z!4::21, t ft C ft ft or Clerk of Court I 17 ·•· , Sacramento County Commission I 2206506 ii ~ 0 15 16 ft C NotaryPubhc-California DESIGNATION OF RESIDENT ATTORNEY ADMITTED TO THE BAR OF THIS COURT AND CONSENT THERETO. Pursuant to the requirements of the Local Rules of Practice for this Court, the Petitioner 18 believes it to be in the best interests of the client(s) to designate 19 20 Renee Finch, Esq. (name of local counsel) Attorney at Law, member of the State of Nevada and previously admitted to practice before the above-entitled Court as associate resident counsel in this action. The address and email address of 21 22 said designated Nevada counsel is: Messner Reeves, LLP 23 (street address) 24 25 26 Las Vegas (city) (702) 363-5100 (area code + telephone number) Nevada (state) 89148 (zip code) RFinch@messner.com (Email address) 27 28 4 Rev. 5/ 16 Case 2:20-cv-00820-GMN-VCF Document 30 Filed 12/01/20 Page 5 of 6 1 By this designation the petitioner and undersigned party(ies) agree that this designation constitutes 2 agreement and authorization for the designated resident r.dmitted counsel to sign stipulations 3 binding on all of us. 4 5 APPOINTMENT OF DESIGNATED RESIDENT NEVADA COUNSEL 6 7 8 The undersigned party(ies) appoint(s) _____R_e_n_e_e _F_in_c_h_, _Es_ q_._____ as (name of local counsel) his/her/their Designated Resident Nevada Counsel in this case. 9 10 (party's signature) 11 Alex Carson, Representative for Union Pacific (type or print party name, title) 12 13 (party's signature) 14 15 (type or print party name, title) 16 17 18 CONSENT OF DESIGNEE The undersigned hereby consents to serve as associate resident Nevada counsel in this case. 19 20 Designated Resident Nevada Counsel's signature 21 13118 Bar number 22 23 24 25 26 27 28 RFinch@messner.com Email address APPROVED: 1 day of _______ December Dated: this ___ , 20 20 UNITED JUDGE District Judge Gloria M. STATES Navarro, DISTRICT United States District Court 5 Rev. 5/16 Case 2:20-cv-00820-GMN-VCF Document 30 29 Filed 12/01/20 11/30/20 Page 6 of 6 Restivo v. Union Pacific Railroad Case No.: 2:20-cv-00820-GMN-VCF DECLARATION OF SERVICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I, VANESSA ARROYO, declare as follows: I am employed in the County of Sacramento, State of California; I am over the age of 18 years and not a party to this action; my business address is 8801 Folsom Boulevard, Suite 230, Sacramento, California 95826, in said County and State. On November 30, 2020 I served: VERIFIED PETITION FOR PERMISSION TO PRACTICE IN THIS CASE ONLY BY ATTORNEY NOT ADMITTED TO THE BAR OF THIS COURT AND DESIGNATION OF LOCAL COUNSEL on the following person(s) at the following address(es), in the manner indicated below: Attorney for Plaintiff: Steven L. Day, Esq. Day & Nance 1060 Wigwam Parkway Henderson, NV 89074 E-mail: sday@dayattorneys.com; bricheson@daynance.com Attorney for Defendant, Union Pacific Railroad Company: Renee Finch, Esq. Lauren D. Calvert Esq., Messner Reeves, LLP 9845 West Russell Rd., Ste. 300 Las Vegas, NV 89148 Email: rfinch@messner.com; lcalvert@messner.com; mordway@messner.com Attorney for Defendant, Lhoist North America, Inc., and Lhoist North America of Arizona, Inc.: Howard J. Russell, Esq. Brittany M. Llewellyn, Esq. Weinberg, Wheeler, Hudgins, Gun & Dial, LLC 6385 S Rainbow Boulevard, Suite 400 Las Vegas, NV 89118 Email: HRussell@wwhgd.com; BLlewellyn@wwhgd.com acvetovich@wwhgd.com; kcruz@wwhgd.com 16 17 18 19 20 21 22 23 ONLY BY ELECTRONIC TRANSMISSION: Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses shown above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful BY UNITED STATES MAIL: I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses shown above and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am employed in the county where the mailing occurred. The envelope or package was placed in the mail at Sacramento, CA. BY OVERNIGHT DELIVERY: I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses shown above. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. 24 25 I certify under penalty of perjury that the foregoing is true and correct, and this declaration of service was executed on November 30, 2020 at Sacramento, California. 26 27 28 By: ___________________________________ VANESSA ARROYO -6PROOF OF SERVICE
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