Baker v. Apttus Corporation, No. 3:2017cv00587 - Document 43 (D. Nev. 2018)

Court Description: ORDER granting ECF No. 42 Verified Petition for Permission to Practice Pro Hac Vice by David K. Montgomery for Apttus Corporation, and approving Designation of Local Counsel. Signed by Judge Miranda M. Du on 1/23/2018. (Copies have been distributed pursuant to the NEF - KR)
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Baker v. Apttus Corporation Doc. 43 1 2 3 4 5 6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 7 8 9 Elizabeth Baker, 10 11 12 ) ) ) ) Plaintiff(s), vs. ) Apttus Corporation, ) ) ) ) 13 Defendant(s). 14 Case # 3:17-cv-00587-MMD-VPC 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 David K. Montgomery (name of petitioner) 16 , Petitioner, respectfully represents to the Court: 17 1. That Petitioner is an attorney at law and a member of the law firm of 18 Jackson Lewis P.C. (firm name) 19 20 21 Cincinnati (city) 22 23 PNC Center 26th Floor, 201 E. Fifth Street (street address) with offices at (513) 322-5032 (area code + telephone number) Ohio (state) 45202 (zip code) (Email address) 24 2. 25 26 27 28 That Petitioner has been retained personally or as a member of the law firm by Apttus Corporation [client(s)] to provide legal representation in connection with the above-entitled case now pending before this Court. Rev. 5/16 3 November 7, 1988 , Petitioner has been and presently is a (date) Ohio member in good standing of the bar of the highest Court of the State of (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 7 3. 4. That since 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 Date Admitted Bar Number 12 Ohio November 7, 1988 0040276 13 Georgia April 19, 1985 517175 14 California December 10, 1985 120066 15 16 17 18 19 5. 20 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 21 22 or administrative body, or any resignation or termination in order to avoid disciplinary or disbarment proceedings, except as described in detail below: 23 24 25 26 27 28 2 Rev. 5/16 6. 1 2 That Petitioner has never been denied admission to the State Bar of Nevada. (Give particulars if ever denied admission): 3 4 5 6 7 8 9 10 7. That Petitioner is a member of good standing in the following Bar Associations. The Supreme Court of Ohio The Supreme Court of Georgia he Supreme Court of California T 8. Petitioner has filed application(s) to appear as counsel under Local Rule IA 11-2 11 (formerly LR IA 10-2) during the past 12 Date of Application three (3) years in the following matters: (State "none if no applications.) Cause Title of Court Administrative Body or Arbitrator 13 Was Application Granted or Denied 14 7/18/2016 1:15-CV-000206 USDC SD Indiana Granted 15 10/20/2106 1:16-CV-03065 USDC Minnesota Granted 16 11/21/2016 1:16-CV-846 Commonwealth of KY Granted 17 11/29/2016 1:16-CV-2531 USDC SD Indiana Granted 18 12/27/2017 1:17-CV-02504-KMT District of Colorado Granted (If necessary, please attach a statement of additional applications) 19 20 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 1 2 That Petitioner respectfully prays that Petitioner be admitted to practice before this Court FOR THE PURPOSES OF THIS CASE ONLY, dI \ / 3 4 Petitioner's signa re STATE OF Ohio COUNTY OF Hamilton 5 6 David K. Montgomery 7 8 , Petitioner, being first duly sworn, deposes and says: That the foregoing statements are true. , A- 9 10 11 Subscribed and sworn to before me this I (-1 day of ,) G,Y-V ,,-,-- -/ , At- .....' 12 13 14 15 16 17 18 19 Peti loner's signature otai- Public or Clerk of Court ?..."\1/).. ,; •. "' ...., • 4 \F ) JENNIFER SCOTT .ZI ,,-4.: , ,. ';-,---, *f . ,,, '-'1* Notary Public, State of Olio My Commission Expiros DESIGNATION OF RESIDE 4 THE BAR OF THIS COURT A Y ca t fit4 ADIVIIIVEVIR19 ' NT THERETO. Pursuant to the requirements of the Local Rules of Practice for this Court, the Petitioner Lisa A. McClane (name of local counsel) Attorney at Law, member of the State of Nevada and previously admitted to practice before the believes it to be in the best interests of the client(s) to designate 20 21 above-entitled Court as associate resident counsel in this action. The address and email address of said designated Nevada counsel is: 22 3800 Howard Hughes Parkway, Suite 600 (street address) 23 24 25 26 27 28 Las Vegas (city) (702) 921-2460 (area code + telephone number) Nevada (state) , 89169 , (zip code) (Email address) 4 Rev. 5/16 1 By this designation the petitioner and undersigned party(ies) agree that this designation constitutes 2 agreement and authorization for the designated resident admitted counsel to sign stipulations 3 binding on all of us. 4 5 APPOINTMENT OF DESIGNATED RESIDENT NEVADA COUNSEL 6 7 8 Lisa A. McClane (name of local counsel) his/her/their Designated Resident Nevada Counsel in this case. The undersigned party(ies) appoint(s) as 9 10 11 Margo Smith, EVP and Chief Legal Officer (type or print party name, title) 12 13 (party's signature) 14 15 (type or print party name, title) 16 17 CONSENT OF DESIGNEE The undersigned hereby consents to serve as associate resident Nevada counsel in this case. 18 19 20 esident I4vada Counsel's signapure L—Designate Email address 10139 Bar number 21 22 23 APPROVED: 24 Dated: this 23rd day of January , 20 18 25 26 UNITED STATES DISTRICT JUDGE 27 28 5 Rev. 5/16 4.11, upteme Court o WI) CERTIFICATE I, GINA WHITE PALMER, Director of the Attorney Services Division of the Supreme Court of Ohio, do hereby certify that I am the custodian of the records of the Office of Attorney Services of the Supreme Court and that the Attorney Services Division is responsible for reviewing Court records to determine the status of Ohio attorneys. I further certify that, having fulfilled all of the requirements for admission to the practice of law in Ohio, David Kirsten Montgomery was admitted to the practice of law in Ohio on November 7, 1988; has registered as an active attorney pursuant to the Supreme Court Rules for the Goverrunent of the Bar of Ohio; is in good standing with the Supreme Court of Ohio; and is entitled to practice law in this state. IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the Supreme Court, this 12th day of January, 2018. GINA WHITE PALMER Director, Attorney Services Division )7&.'7,1-u Lc' Moore Administrative Assistant P. HARRIS HINES, CHIEF JUSTICE HAROLD D. MELTON, PRESIDING JUSTICE ROBERT BENHAM CAROL W. HUNSTEIN DAVID E. NAHMIAS KEITH R. BLACKWELL MICHAEL P. BOGGS NELS S.D. PETERSON BRITT C. GRANT JUSTICES $uprente Court (*tate of Oeorgia THERESE S. BARNES, CLERK/COURT EXECUTIVE JEAN RUSKELL, REPORTER STATE JUDICIAL BUILDING jktlartta 3t1334 January 11, 2018 I hereby certify that David K. Montgomery, Esq., was admitted on the 19th day of April, 1985, as a member of the bar of the Supreme Court of Georgia, the highest court of this State; and, since that date he has been and is now a member of this bar in good standing, as appears from the records and files in this office. Witness my signature and the seal of this Court hereto affixed the day and year first above written. NoddritiA•Za" , Ceow..04.••• 1 , Clerk THE STATE BAR OF CALIFORNIA 180 HOWARD STREET, SAN FRANCISCO, CALIFORNIA 94105-1617 TELEPHONE: 888-800-3400 CERTIFICATE OF STANDING January 12, 2018 TO WHOM IT MAY CONCERN: This is to certify that according to the records of the State Bar, DAVID K. MONTGOMERY, #120066 was admitted to the practice of law in this state by the Supreme Court of California on December 10, 1985; and has been since that date, and is at date hereof, an ACTIVE member of the State Bar of California; and that no recommendation for discipline for professional or other misconduct has ever been made by the Board of Trustees or a Disciplinary Board to the Supreme Court of the State of California. THE STATE BAR OF CALIFORNIA Louise Turner Custodian of Membership Records