BNSF Railway Company et al v. The Center for Asbestos Related Disease, Inc.

Filing 32

ORDER denying subject to renewal 30 Motion to Appear Pro Hac Vice. Signed by Judge Dana L. Christensen on 5/13/2021. (ASG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
UNITED STATES OF AMERICA, ex
rel. BNSF RAILWAY COMPANY,
Plaintiff/Relator,

CV 19–40–M–DLC
ORDER

vs.
THE CENTER FOR ASBESTOS
RELATED DISEASE, INC.,
Defendant.

Plaintiff/Relator BNSF Railway Company (“BNSF”), by and through their
attorney Chad M. Knight of Knight Nicastro MacKay, LLC, moves for the
admission pro hac vice of Brendan M. Johns. (Doc. 30.) Mr. Knight represents
that he intends to act as local counsel. (Id.)
BNSF’s motion will be denied, subject to renewal, for failure to comply with
the District of Montana’s Local Rules. District of Montana Local Rules
83.1(d)(3)(A), (B), (C), and (D) require that a pro hac vice applicant’s affidavit
states: his firm name and e-mail contact information; that he has paid or will pay
the pro hac vice admission fee; that he has either completed the District of
Montana’s online training for electronic filing or is proficient in electronic filing in
another federal district court; and by what court(s) he is admitted to practice and
the dates of admission. Mr. John’s affidavit (30-1) fails to comply with all these
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requisites, at least. The Court suggests that Mr. John and local counsel review
Rule 83.1 should they wish to renew the motion.
Accordingly, IT IS ORDERED that BNSF’s motion (Doc. 30) is DENIED
subject to renewal.
Dated this 13th day of May, 2021.

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