Hamil et al v. Behr Process Corp. et al

Filing 28

ORDER overruling 25 Objection to denial of application to appear pro hac vice. Signed by Judge Gregory A. Presnell on 2/6/2018. (ED). (Additional attachment(s) added on 2/6/2018: # 1 Exhibit) (ED).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
KENNETH HAMIL and LINDA
STRATTON-HAMIL,
Plaintiffs,
v.

Case No: 6:17-cv-2058-Orl-31GJK

BEHR PROCESS CORP., BEHR PAINT
CORP., MASCO CORP., THE HOME
DEPOT, INC. and HOME DEPOT U.S.A.,
INC.,
Defendants.

ORDER
On January 17, 2018, Magistrate Judge Kelly denied the application to appear pro hac vice
in this case filed by Robert Alpert as counsel for Defendant Home Depot U.S.A., Inc. (Doc. 21).
Alpert filed an objection to that Order. (Doc. 25).
The question presented here involves the interpretation of Local Rule 2.02, which permits
the special appearance of out-of-state counsel provided such privilege “is not abused by
appearances in separate cases to such a degree as to constitute the maintenance of a regular
practice of law in Florida.” In support of his objection, Alpert relies on Rule 1-3.10(a)(2) of the
Rules Regulating the Florida Bar. However, the Comment to that Rule provides that it “is not
applicable to appearances in federal courts in Florida, as appearances before each of those courts
are regulated by the rules applicable to those courts.” See Rule 1-3.10, Rules Regulating the
Florida Bar. Moreover, the Rule provides little practical guidance as to what constitutes the
regular practice of law in Florida.

Based on data maintained in the Court’s CM/ECF system, in the past ten years Alpert has
appeared as counsel in 32 separate cases in four of the five divisions of this District. See Exhibit
1. 1 There are very few, if any, civil litigators licensed in Florida who have maintained a federal
practice of this magnitude. Indeed, applicant’s local counsel, Terry Young, who is a wellregarded practitioner of long standing in this court, has appeared in only 8 cases during this
period.
Accordingly, the Court finds that applicant is not eligible for pro hac vice status because
he maintains a regular practice of law in Florida. Judge Kelly’s order was not clearly erroneous
or contrary to law. It is, therefore
ORDERED that applicant’s objection is OVERRULED.
DONE and ORDERED in Chambers, Orlando, Florida on February 6, 2018.

Copies furnished to:
Counsel of Record
Unrepresented Party

1

As noted by Magistrate Judge Klindt in Webb v Ginn Financial Services, Case No. 3:09cv-516 (M.D. Fla. 2009), Alpert has represented the same or related clients in many of these cases.
(Doc. 25-1 at 2).

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