Blunt v. United States of America

Filing 16

ORDER Granting 10 Motion and Special Show Cause to Permit Appearance of Government Counsel Pro Hac Vice as to Attorney Boris Kukso. Signed by Chief Judge Robert C. Jones on 4/5/13. (Copies have been distributed pursuant to the NEF - EDS)

Case 2:12-cv-02191-RCJ-NJK Document 10 Filed 03/21/13 Page 1 of 3

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DANIEL G. BOGDEN
United States Attorney

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BLAINE T. WELSH
Assistant United States Attorney
Nevada Bar No. 4790
333 Las Vegas Boulevard, Suite 5000
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for the United States

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DON JAY BLUNT,
Plaintiff,

Civil No. 2:12-cv-02191-RCJ-NJK

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v.
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UNITED STATES OF AMERICA,
Defendant.
________________________________________

MOTION AND SPECIAL SHOW
CAUSE TO PERMIT APPEARANCE
OF GOVERNMENT COUNSEL PRO
HAC VICE

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UNITED STATES OF AMERICA,
Counterclaim Plaintiff,
v.
DON JAY BLUNT,
Counterclaim Defendant,

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and
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JENNIFER PELLIGRINO (formerly JENNIFER
OLIVAS)
Additional Counterclaim Defendant.
________________________________________

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Pursuant to LR IA 10-3, the United States of America respectfully requests that the Court

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permit Boris Kukso to practice before this Court in all matters relating to the above-captioned

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case. Mr. Kukso is a trial attorney with the United States Department of Justice, Tax Division,
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with his office located in Washington, D.C., and is an active member in good standing of the

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California bar.

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The grounds for this motion and special show cause to enter an appearance in this case
are as follows:
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The “conduct of litigation in which the United States, an agency, or officer thereof

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is a party, or is interested, and securing evidence therefor, is reserved to officers of the

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Department of Justice, under the discretion of the Attorney General.” 28 U.S.C. § 516. In

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addition, pursuant to 28 U.S.C. § 515(a), the Attorney General or any other officer of the

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Department of Justice is authorized to conduct any kind of legal proceeding, civil or criminal,

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which United States Attorneys are authorized to conduct, “whether or not he is a resident of the

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district in which the proceeding is brought.” Further, any officer of the Department of Justice

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may be sent by the Attorney General to any judicial district in the United States “to attend to the

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interests of the United States in a suit pending in a court of the United States, . . .or to attend to

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any other interest of the United States.” 28 U.S.C. § 517.

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2.

Pursuant to these statutory authorities, the Attorney General has delegated

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litigation authority to the Assistant Attorney General for the Tax Division, 28 C.F.R., Subpart M,

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including the assignment of civil suits and matters in federal courts arising under the internal

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revenue laws. 28 C.F.R. § 0.70(a).

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3.

While these statutory and legal authorities ordinarily establish the basis for a Tax

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Division attorney to appear on behalf of the United States in any federal court, on June 6, 2012,

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this Court gave notice to the First Assistant U.S. Attorney for the United States Attorney’s Office

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for the District of Nevada that the Court “will no longer grant pro hac recognition to Washington

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D.C. Justice Attorneys without a special show cause that they will comply with court orders,

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local ethical rules and the rules of the State Bar of Nevada.” (United States of America v. Estate

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of E. Wayne Hage, et al., 2:07-cv-01154-RCJ-VCF; ECF # 336 at 2). In light of that notice, the

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United States attaches the Declaration of Boris Kukso, which attests that Mr. Kukso will

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comply with court orders, local ethical rules, and the rules of the State Bar of Nevada.

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Accordingly, the United States respectfully requests that an order be issued at the earliest
opportunity allowing Boris Kukso to practice before this Court in this matter.
Respectfully submitted this 21st day of March 2013.

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DANIEL G. BOGDEN
United States Attorney

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/s/ Blaine T. Welsh
BLAINE T. WELSH
Assistant United States Attorney

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IT IS SO ORDERED.
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______________________________
ROBERT C. JONES
United States District Judge

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DATED:________________________
Dated: This 5th day of April, 2013.

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