Estate of Alton Johnson, by and through Randall Johnson as Personal Representative et al v. Whitefish Care and Rehabilitation Center et al

Filing 10

ORDER denying #4 Motion to Appear Pro Hac Vice for Maria Dwyer. Signed by Magistrate Judge Kathleen L. DeSoto on 1/8/2021. (APP)

Case 9:21-cv-00002-DLC-KLD Document 10 Filed 01/08/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
ESTATE OF ALTON JOHNSON, by
and through Randall Johnson as
Personal Representative; ESTATE OF
BERTON PEW, by and through Bryan
Zipp as Personal Representative;
ESTATE OF STANLEY WEBBER,
by and through Dana Snyder as
Personal Representative; ESTATE OF
LONNY MATTHEW SANFORD, by
and through Sara Sargent as Personal
Representative; DANIEL BELL;
DEBRA TATUM; JOAN MARIE
WILKINS; ESTATE OF VERA
JOHNSON, by and through Marcia
Schlotfeldt as Personal Representative;
ESTATE OF ADRIAN LEONARD
KAUTMAN SR., by and through
Marie Moore as Personal
Representative; ESTATE OF ALISON
DESMYTER, by and through Kim Box
as Personal Representative,
Plaintiffs,
vs.
WHITEFISH CARE AND
REHABILITATION CENTER (d/b/a);
SWEETWATER WHITEFISH OPCO,
LLC; SWEETWATER CARE MT
OPCO LLC; SWEETWATER
INVESTMENT MANAGEMENT,
LLC d/b/a SWEETWATER PRIVATE
EQUITY; SWEETWATER CARE
RESOURCE, LLC; REID
CRICKMORE; JAMES GAMETT;
AARON CHELSEY; KYLE
SHIELDS; AND DOES A-Z,
Defendants.

CV 21-2-M-DLC-KLD

ORDER

Case 9:21-cv-00002-DLC-KLD Document 10 Filed 01/08/21 Page 2 of 2

Defendants move for the admission of Maria Fracassa Dwyer to practice
before this Court in this case with Robert M. Carlson to act as local counsel.
Pro hac vice admission is governed by District of Montana Local Rule
83.1(d), which provides in pertinent part that the attorney seeking pro hac vice
admission must file an affidavit attesting to various items enumerated at L.R.
83.1(d)(3). While Defendants’ motion does contain an affidavit from Ms. Dwyer,
the affidavit fails to address items 83.1(d)(3)(B), (C), (E), (G), (H), (I) and (J).
(See Doc. 4-1).
Accordingly, IT IS HEREBY ORDERED that Defendants’ motion to admit
Ms. Dwyer pro hac vice is DENIED without prejudice. Defendants may resubmit
their motion, provided the motion is accompanied by an affidavit that complies in
full with L.R. 83.1(d)(3).
DATED this 8th day of January, 2021.
_______________________________
Kathleen L. DeSoto
United States Magistrate Judge