McDonald v. Schwan's Home Service, Inc.
Filing
11
ORDER GRANTING PRO HAC VICE APPLICATION signed by Magistrate Judge Michael J. Seng on 11/16/2011. (Yu, L)
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
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.
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