Lee v. United States of America

Filing 17

ORDER Granting 11 Motion for Special Show Cause to Admit Government Attorney Jeremy N. Hendon. Signed by Judge Robert C. Jones on 10/28/2014. (Copies have been distributed pursuant to the NEF - SLR)

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DANIEL G. BOGDEN
United States Attorney
District of Nevada
BLAINE T. WELSH
Assistant United States Attorney
Nevada Bar No. 4790
333 Las Vegas Boulevard South, Suite 5000
Las Vegas, Nevada 89101
Phone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for the United States

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THEODORE LEE,

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Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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) Case No: 2:14-cv-00606-RCJ-PAL
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SPECIAL SHOW CAUSE MOTION TO ADMIT GOVERNMENT ATTORNEY TO
PRACTICE IN THE DISTRICT OF NEVADA FOR DURATION OF ATTORNEY’S
GOVERNMENT EMPLOYMENT
Pursuant to LR IA 10-3, the United States of America respectfully requests that this honorable

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Court admit Government attorney Jeremy N. Hendon to practice in the District of Nevada for the

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above-captioned case and in all matters in this district during the period of employment by the United

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States. Rule IA 10-3 provides:

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Unless otherwise ordered by the Court, any nonresident attorney who is a member in good
standing of the highest court of any state, commonwealth, territory, or the District of
Columbia, who is employed by the United States as an attorney and, while being so employed,
has occasion to appear in this Court on behalf of the United States, shall, upon motion of the
United States Attorney or the Federal Public Defender for this district or one of the assistants,
be permitted to practice before this court during the period of such employment.

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11505818.1

Jeremy N. Hendon is an attorney with the United States Department of Justice, Tax Division,

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an agency of the federal government, and is a member in good standing of the state bar of Oregon (No.

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982490).

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In addition, 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 Department of

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

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U.S.C. § 515(a), the Attorney General or any other officer of the Department of Justice is authorized to

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conduct any kind of legal proceeding, civil or criminal, which United States Attorneys are authorized

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to conduct, “whether or not he is a resident of the district in which the proceeding is brought.” Further,

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any officer of the Department of Justice may be sent by the Attorney General to any judicial district in

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the United States “to attend to the interests of the United States in a suit pending in a court of the

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United States, . . . or to attend to any other interest of the United States.” 28 U.S.C. § 517.
Pursuant to these statutory authorities, the Attorney General has delegated litigation authority

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to the Assistant Attorney General for the Civil Division, 28 C.F.R., Subpart I, including the defense of

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“challenged actions of Government agencies and officers, . . .” 28 C.F.R. § 0.45(h).
While these statutory and legal authorities ordinarily establish the basis for a Department of

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

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2012, this Court gave notice to the First Assistant U.S. Attorney for the United States Attorney’s

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

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

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

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Estate 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 Jeremy N. Hendon, which attests that Mr. Hendon 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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. . .

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. . .
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11505818.1

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Accordingly, the United States respectfully requests that an order be issued at the earliest
opportunity permitting Jeremy N. Hendon to practice before this Court.
Respectfully submitted this 23rd day of June 2014.
DANIEL G. BOGDEN
United States Attorney
/s/ Blaine T. Welsh
BLAINE T. WELSH
Chief, Civil Division
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:________________________
October 28, 2014

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