Baker v. Apttus Corporation

Filing 43

ORDER granting ECF No. 42 Verified Petition for Permission to Practice Pro Hac Vice by David K. Montgomery for Apttus Corporation, and approving Designation of Local Counsel. Signed by Judge Miranda M. Du on 1/23/2018. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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Elizabeth Baker,

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Plaintiff(s),
vs.

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Apttus Corporation,

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Defendant(s).
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Case # 3:17-cv-00587-MMD-VPC
VERIFIED PETITION FOR
PERMISSION TO PRACTICE
IN THIS CASE ONLY BY
ATTORNEY NOT ADMITTED
TO THE BAR OF THIS COURT
AND DESIGNATION OF
LOCAL COUNSEL
FILING FEE IS $250.00

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David K. Montgomery
(name of petitioner)

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, Petitioner, respectfully represents to the Court:

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1.

That Petitioner is an attorney at law and a member of the law firm of

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Jackson Lewis P.C.
(firm name)

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Cincinnati
(city)

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PNC Center 26th Floor, 201 E. Fifth Street
(street address)

with offices at

[phone]
(area code + telephone number)

Ohio
(state)

45202
(zip code)

[e-mail]
(Email address)

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2.
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That Petitioner has been retained personally or as a member of the law firm by
Apttus Corporation
[client(s)]

to provide legal representation in connection with

the above-entitled case now pending before this Court.
Rev. 5/16

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November 7, 1988
, Petitioner has been and presently is a
(date)
Ohio
member in good standing of the bar of the highest Court of the State of
(state)
where Petitioner regularly practices law. Petitioner shall attach a certificate from the state bar or

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from the clerk of the supreme court or highest admitting court of each state, territory, or insular

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possession of the United States in which the applicant has been admitted to practice law certifying

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the applicant's membership therein is in good standing.

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3.

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That since

That Petitioner was admitted to practice before the following United States District

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Courts, United States Circuit Courts of Appeal, the Supreme Court of the United States and Courts

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of other States on the dates indicated for each, and that Petitioner is presently a member in good

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standing of the bars of said Courts.

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Court

Date Admitted

Bar Number

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Ohio

November 7, 1988

0040276

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Georgia

April 19, 1985

517175

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California

December 10, 1985

120066

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5.
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That there are or have been no disciplinary proceedings instituted against petitioner,

nor any suspension of any license, certificate or privilege to appear before any judicial, regulatory

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or administrative body, or any resignation or termination in order to avoid disciplinary or
disbarment proceedings, except as described in detail below:

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Rev. 5/16

6.

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That Petitioner has never been denied admission to the State Bar of Nevada. (Give

particulars if ever denied admission):

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7.

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That Petitioner is a member of good standing in the following Bar Associations.

The Supreme Court of Ohio
The Supreme Court of Georgia
he Supreme Court of California

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8.

Petitioner has filed application(s) to appear as counsel under Local Rule IA 11-2

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(formerly LR IA 10-2) during the past

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Date of Application

three (3) years in the following matters: (State "none if no applications.)

Cause

Title of Court
Administrative Body
or Arbitrator

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Was Application
Granted or
Denied

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7/18/2016

1:15-CV-000206

USDC SD Indiana

Granted

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10/20/2106

1:16-CV-03065

USDC Minnesota

Granted

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11/21/2016

1:16-CV-846

Commonwealth of KY

Granted

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11/29/2016

1:16-CV-2531

USDC SD Indiana

Granted

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12/27/2017

1:17-CV-02504-KMT

District of Colorado

Granted

(If necessary, please attach a statement of additional applications)

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9.

Petitioner consents to the jurisdiction of the courts and disciplinary boards of the

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State of Nevada with respect to the law of this state governing the conduct of attorneys to the same

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extent as a member of the State Bar of Nevada.

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10.

Petitioner agrees to comply with the standards of professional conduct required of

the members of the bar of this court.
11.

Petitioner has disclosed in writing to the client that the applicant is not admitted to

practice in this jurisdiction and that the client has consented to such representation.

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Rev. 5/16

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That Petitioner respectfully prays that Petitioner be admitted to practice before this Court
FOR THE PURPOSES OF THIS CASE ONLY,
dI \
/

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Petitioner's signa re

STATE OF

Ohio

COUNTY OF

Hamilton

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David K. Montgomery

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, Petitioner, being first duly sworn, deposes and says:

That the foregoing statements are true.

, A-

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Subscribed and sworn to before me this
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day of

,) G,Y-V

,,-,-- -/
,

At- .....'

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Peti loner's signature

•.
otai- Public or Clerk of Court ?..."\1/).. ,;
"'
...., • 4 \F ) JENNIFER SCOTT
.ZI
,,-4.:
, ,. ';-,---,
*f .
,,, '-'1* Notary Public, State of Olio
My Commission Expiros

DESIGNATION OF RESIDE 4
THE BAR OF THIS COURT A

Y

ca t fit4

ADIVIIIVEVIR19
' NT THERETO.

Pursuant to the requirements of the Local Rules of Practice for this Court, the Petitioner
Lisa A. McClane
(name of local counsel)
Attorney at Law, member of the State of Nevada and previously admitted to practice before the
believes it to be in the best interests of the client(s) to designate

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above-entitled Court as associate resident counsel in this action. The address and email address of
said designated Nevada counsel is:

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3800 Howard Hughes Parkway, Suite 600
(street address)

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Las Vegas
(city)
[phone]
(area code + telephone number)

Nevada
(state)

,

89169
,
(zip code)

lisa.mcclanegaelcsonlewis.com
(Email address)
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Rev. 5/16

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By this designation the petitioner and undersigned party(ies) agree that this designation constitutes

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agreement and authorization for the designated resident admitted counsel to sign stipulations

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binding on all of us.

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APPOINTMENT OF DESIGNATED RESIDENT NEVADA COUNSEL

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Lisa A. McClane
(name of local counsel)
his/her/their Designated Resident Nevada Counsel in this case.
The undersigned party(ies) appoint(s)

as

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Margo Smith, EVP and Chief Legal Officer
(type or print party name, title)

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(party's signature)
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(type or print party name, title)
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CONSENT OF DESIGNEE
The undersigned hereby consents to serve as associate resident Nevada counsel in this case.

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esident I4vada Counsel's signapure

L—Designate

[e-mail]
Email address

10139
Bar number

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APPROVED:
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Dated: this

23rd day of January

, 20

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UNITED STATES DISTRICT JUDGE
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Rev. 5/16

4.11,

upteme Court o

WI)

CERTIFICATE

I, GINA WHITE PALMER, Director of the Attorney Services Division of the Supreme
Court of Ohio, do hereby certify that I am the custodian of the records of the Office of Attorney
Services of the Supreme Court and that the Attorney Services Division is responsible for
reviewing Court records to determine the status of Ohio attorneys. I further certify that, having
fulfilled all of the requirements for admission to the practice of law in Ohio,

David Kirsten Montgomery

was admitted to the practice of law in Ohio on November 7, 1988; has registered as an active
attorney pursuant to the Supreme Court Rules for the Goverrunent of the Bar of Ohio; is in good
standing with the Supreme Court of Ohio; and is entitled to practice law in this state.
IN TESTIMONY WHEREOF, I have subscribed my
name and affixed the seal of the Supreme Court, this
12th day of January, 2018.

GINA WHITE PALMER
Director, Attorney Services Division

)7&.'7,1-u

Lc' Moore
Administrative Assistant

P. HARRIS HINES, CHIEF JUSTICE
HAROLD D. MELTON, PRESIDING JUSTICE
ROBERT BENHAM
CAROL W. HUNSTEIN
DAVID E. NAHMIAS
KEITH R. BLACKWELL
MICHAEL P. BOGGS
NELS S.D. PETERSON
BRITT C. GRANT
JUSTICES

$uprente Court
(*tate of Oeorgia

THERESE S. BARNES, CLERK/COURT EXECUTIVE
JEAN RUSKELL, REPORTER

STATE JUDICIAL BUILDING

jktlartta 3t1334

January 11, 2018

I hereby certify that David K. Montgomery, Esq., was admitted on the 19th day of
April, 1985, as a member of the bar of the Supreme Court of Georgia, the highest court of
this State; and, since that date he has been and is now a member of this bar in good
standing, as appears from the records and files in this office.

Witness my signature and the seal of this Court
hereto affixed the day and year first above written.

NoddritiA•Za"
,

Ceow..04.•••

1
, Clerk

THE STATE BAR
OF CALIFORNIA
180 HOWARD STREET, SAN FRANCISCO, CALIFORNIA 94105-1617

TELEPHONE: [phone]

CERTIFICATE OF STANDING

January 12, 2018

TO WHOM IT MAY CONCERN:
This is to certify that according to the records of the State Bar, DAVID K.
MONTGOMERY, #120066 was admitted to the practice of law in this state by
the Supreme Court of California on December 10, 1985; and has been since
that date, and is at date hereof, an ACTIVE member of the State Bar of
California; and that no recommendation for discipline for professional or
other misconduct has ever been made by the Board of Trustees or a
Disciplinary Board to the Supreme Court of the State of California.

THE STATE BAR OF CALIFORNIA

Louise Turner
Custodian of Membership Records