-MJS McDonald v. Schwan's Home Service, Inc., No. 1:2011cv01759 - Document 11 (E.D. Cal. 2011)

Court Description: ORDER GRANTING PRO HAC VICE APPLICATION signed by Magistrate Judge Michael J. Seng on 11/16/2011. (Yu, L)
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-MJS McDonald v. Schwan's Home Service, Inc. Doc. 11 Case 1:1 1 -cv-01759-AWI -MJS Filed 1111011 1 Page 1 of 8 PRO HAC VICE APPLICATION, ECF REGISTRATION AND CONSENT TO ELECTRONIC SERVICE, PROPOSEDORDER UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CAI-IFORNIA James McDonald Plaintiff, Case No. 1:11-CV-0 1759-Awl-MJS Schwan's Home Service, Inc., a Minnesota corporation, Defendant. I, Alan L. Rupe, attorney for Schwan's Home Service, Inc., a Minnesota corporation, hereby petition for admission to practice Pro Hac Vice under the provision of Local Rule 180(b)(2). I understand and consent to ECF Registration and Electronic Service as detailed below and I have submitted payment in the amount of $180.00 to the Clerk, U.S. District Court. In support of this petition, I state under penalty of perjury that: My business address is: Firm Name: Kutak Rock LLP Address: 1605 N. Waterfront, Suite 150 City: Wichita State: Kansas Voice Phone: (316) 609-7900 FAX Phone: (316) 630-8021 Internet E-mail: alan.rupe@kutakrock.com Additional E-mail: wichita.L&E@kutakrock.com I reside in City: Wichita ZIP Code: 67206 State: Kansas Dockets.Justia.com Case 1:11 -cv-01759-AWI -MJS Document 8 Filed 11110111 Pa ( I was admitted to practice in the US District Court, District of Kansas on 12 1 4~~ 1 &S+ I am presently in good standing and eligible to practice in said court. A certificate of good standing from the court in my state of primary practice is attached to this application. I am not currently suspended or disbarred in any other court. ollft%GnrRT mp,li~lo~ emttd,. I have / e o n c u r r e n t l y or within the year preceding this application made a pro hac vice application to this court. (If you have made a pro hac vice application to this court within the last year, list the name and case number of each matter in which an application was made, the date of application and whether granted or denied.) - - - I hereby designate the following member of the Bar of this Court who is registered for ECF with whom the Court and opposing counsel may readily communicate regarding the conduct of the case and upon whom electronic notice shall also be served via the court's ECF system: Name: Gary N. Lento, Bar No. 225118 Firm Name: Baker Manock & Jensen, PC Address: 5260 N. Palm Avenue, Fourth Floor City: Fresno State: CA ZIP Code: 93704 Voice Phone: (559) 432-5400 FAX Phone: (559) 432-5620 E-mail: glento@bakermanock.com Dated: Petitioner: Case 1:11 -cv-01759-AWI -MJS Document 8 ORDER IT IS SO ORDERED. Dated: Filed 1 1110111 Page 3 of 8 Case 1:11 -cv-01759-AWI -MJS Document 8 Filed 1 1110111 Page 4 of 8 ECF REGISTRATION AND CONSENT TO ELECTRONIC SERVICE Beginning January 3, 2005, all cases filed and pending in the Eastern District of California are subject to electronic filing, service (ECF) and electronic case storage procedures (CM). This form shall be used to register for accounts on the Court's Electronic Case File (ECF) system which permits electronic filing. By submitting this Petition to Appear Pro Hac Vice and ECF Registration Form, I understand: Registration herein is for ECF use only in cases proceeding in the U.S. District Court for 1. the Eastern District of California. Each attorney who is wishes to appear in the Eastern District pro hac vice must 2. complete and sign an Attorney Registration Form. An attorney's password issued by the court combined with the attorney's identification (login), serves as and constitutes the attorney signature. Therefore, an attorneylparticipant must protect and secure the password issued by the court. If there is any reason to suspect the password has been compromised in any way, such as resignation or reassignment of the person with authority to use the password, it is the duty and responsibility of the attorneylparticipant to immediately notify the court. The court will immediately delete the password from the electronic filing system and issue a new password. Unless an attorney expressly declines to consent (seebelow) registration as a Filing 3. User constitutes: (1) consent to receive service electronically and waiver of the right to receive service by first class mail pursuant to Federal Rule of Civil Procedure 5(b)(2)(D); (2) consent to electronic service and waiver of the right to service by personal service or first class mail pursuant to Federal Rule of Civil Procedure 5(b)(2)(D). Note: Service of Summons and Complaint pursuant to Federal Rule o f Civil Procedure 4 are not encompassed by electronic service. Waiver of service and notice by first class mail applies to notice of the entry of an order or judgment. Service by electronic means is complete upon transmission of the Notice of Electronic Filing. 4. A user accesses court information via the court's Internet site or through the Public Access to Court Electronic Records ("PACER") Service Center. PACER involves a separate, free registration. Although the court manages the procedures for electronic filing, all electronic public access to case file documents occurs through PACER. A PACER login is required, in addition to, the password issued by the court. To register for PACER, a user must complete the online form or submit a registration form, available on the PACER website (http://pacer.psc.uscourts.gov). By this registration, I understand that the specific procedures which control electronic filing can be found in the Local Rules and CMIECF User's Manual, all of which can be accessed on the Court's website. Please periodically access these Rules and Manual in order to understand electronic filing requirements, and any changes which may be later implemented. Serious andlor sustained failure to abide by those procedures may result in a termination of electronic filing privileges which are a prerequisite to practice in the Eastern District. 5. Notice Regarding Non-Consent to Electronic Service. An attorney may expressly forego consenting to service and receipt of filed documents by electronic service pursuant to Federal Rule of Civil Procedure 5(b)(2)(D). This decision not to consent must be by separate document in writing addressed to the Office of the Clerk. Parties not consenting to electronic service must serve by the other methods specified in Rule 5. The court strongly urges that all attorneys consent to serve and receive service of filed documents by means of electronic service. There is no significant downside to such consent and universal participation in electronic service will benefit all concerned. Failure to consent to electronic service does not relieve attorneys of the obligation to file documents electronically when required to do so or otherwise abide by CMlECF procedures. Case 1:11 -cv-01759-AWI -MJS Document 8 Filed 1 1110111 Page 5 of 8 UNITED STATES DISTRICT COURT OFFICE OF THE CLERK DISTRICT OF KANSAS TIMOTHY M O'BRIEN . 204 U.S. COURTHOUSE 401 N. MARKET WICHITA, KANSAS 67202 (316) 269-6491 CLERK INGRID A. CAMPBELL CHIEF DEPUTY CLERK 259 ROBERT J. DOLE U.S. COURTHOUSE 500 STATE AVENUE KANSAS CITY, KANSAS 66101 (913) 551-6719 Kansas City, Kansas October 27.2011 490 U.S. COURTHOUSE 444 S.E. QUINCY TOPEKA, KANSAS 86683 (785) 285-2610 To Whom It May Concern: RE: Alan L. Rupe Ur~ited States District Court for the District of Kansas Attorney ID No. 08914 Enclosed for your information and file is a Certificate of Good Standing in connection with the above-referenced attorney. Further, please be advised that this office knows of no grievances or other charges filed in the last five years against this attorney. Sincerely, TIMOTHY M. O'BRIEN, CLERK Marla Gonzales Case 1:11 -cv-01759-AWI -MJS Document 8 Filed 1 1110111 Page 6 of 8 A 0 136 (Rev. 9/98) Certificate of Good Standing KANSAS DISTRICT OF CERTIFICATE OF GOOD STANDING TIMOTHY M. O'BRIEN certzfi that Alan L. Rupe -- . - - . - - Clerk of this Court) Bar # 08914 ) was duly admitted to practice in this Court on September 12, 1975 - - - -- - - - - -- . .- - . . . . -. and is in good standing .- I DATE as a member of the Bar of this Court. Dated at - Kansas City, Kansas L OC A T ION--. - - - TIMOTHY M. O'BRIEN - CLERK on October 27,2011 DATE . Case 1:11 -cv-01759-AWI -MJS Document 8 Filed 11110111 Page 7 of 8 Court Admissions Wichita, KS A ttomeys Alan L. Rupe StateKourt Admissions Jurisdiction Date Adrnitted Bar Number State State of Kansas State of Missouri State of Oklahoma State of Texas State of Arkansas State of Montana (pending) Federal Courts of ADDeals U.S. Court of Appeals, Fifth Circuit U.S. Court of Appeals, Sixth Circuit U.S. Court of Appeals, Eighth Circuit U.S. Court of Appeals, Tenth Circuit Federal Courts U.S. District Court, Eastern and Western 06/29/2007 Districts of Arkansas 09/30/1997 U.S. District Court for the District of Colorado U. S. District Court for the District of Kansas 0911211975 U.S. District Court, Eastern District of Missouri 08/24/2005 U.S. District Court, Western District of Missouri 07/22/2004 U.S. District Court, Eastern District of Texas 1 110112005 U.S. District Court, Northern District of Texas 12/28/2004 U.S. District Court, Western District of Texas 81612010 U.S. District Court, Southern District of Texas 7/28/2011 U.S. District Court, Northern District of Oklahoma 07/13/2006 U.S. District Court, Western District of Oklahoma 06/0112006 U.S. Supreme Court 11/30/1981 08914 KS-000473 24028461 24028461 342634 20440 06-82 Case 1:11 -cv-01759-AWI -MJS Document 8 Filed 11/10/11 Page 8 of 8 1 Gary N. Lento #225118 Andrew H. Woo #261120 2 BAKER MANOCK & JENSEN, PC 5260 North Palm Avenue, Fourth Floor 3 Fresno, California 93704 Telephone: 559.432.5400 4 Facsimile: 559.432.5620 II 5 Attorneys for Defendant SCHWAN'S HOME SERVICE, INC. UNITED STATES DISTRICT COURT I1 I EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION 10 JAMES McDONALD, 11 12 Case No. 11-CV-01759-AWI-MJS Plaintiff, CONSENT TO DESIGNATION BY ALAN L. RUPE, ESQ. v. 13 SCHWAN'S HOME SERVICE, INC., a Minnesota corporation; and DOES 1-20, 14 inclusive, Defendants. I/ I I hereby consent to my designation by Alan L. Rupe, Esq., as counsel with whom l7 18 the Court and opposing counsel may readily communicate regarding the conduct of this case and 19 upon whom papers shall be served. 20 DATED: November BAKER MANOCK & JENSEN, PC A 4 4 Gary N By: ~ t t o k e kfor Mfenbant SCHWAN'S HOME s 26 27 28 1030536vl117710.0001 CONSENT TO DESIGNATION BYALAN L. RUPE, ESQ.