Securities and Exchange Commission v. Galleon Management, LP et al

Filing 197

MOTION for Francis J. DiMento to Appear Pro Hac Vice. Document filed by Steven Fortuna.(sjo)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

d
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)
SECURITIES AND EXCHANGE COMMISSION )
)
)
Plaintiff,
)
-Against)
)
GALLEON MANAGEMENT, LP,
)
STEVEN FORTUNA, ET AL.,
)
)
Defendants

09 Civ. 8811(JSR)

MOTION TO ADMIT COUNSEL
PRO HAC VICE

______________________________ )
PURSUANT TO RULE 1.3(c) of the Local Rules of the United States District Courts for the
Southern and Eastern Districts of New York, I, Melissa L. Halbig a member in good standing of
the bar of this Court, hereby move for an Order allowing the admission pro hac vice of

-

........

Francis J. DiMento
DiMento & Sullivan
7 Faneuil Marketplace
Boston, MA 021 09-6113
Phone: [phone]
Fax: [phone]
fjd(a{dimentosullivan.com

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There are no pending disciplinary proceedings against Francis J. DiMento in any State or Federal
Court.

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Francis J. DiMento is a member in good standing of the Bar of the Commonwealth of
Massachusetts.

Dated: May 23,2011
Providence, Rhode Island

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Respectfully submitted,

Melissa L. Halbig
SDNY Bar Code: MH4230
Plourde, Bogue, Moylan + Marino, LLP
50 Exchange Terrace, Suite 320
Providence, RI 02903
Phone: [phone]
Fax: [phone]
[e-mail]

2

CERTIFICATE OF SERVICE
Pursuant to the Federal Rules of Civil Procedure and the Local Rules, I, Melissa L.
Halbig, hereby certify that a copy of this document(s) was mailed to the following attorneys of
record via first class mail on this ~ day of May 2011:
David Rosenfeld, Esq.
Associate Regional Director
Securities and Exchange Commission
New York Regional Office
3 World Financial Center, Suite 400
New York, NY 10281
Ph: [phone]
Sanjah Wadhwa
US Securities Exchange Commission
Three World Financial Center
New York, NY 10281
Ph: 212-336-0181
Fax: [phone]
[e-mail]
Valerie Ann Szczepanik
US Securities Exchange Commission
3 World Financial Center
New York, NY 10281
Ph: 212-336-0175
[e-mail]
Jason Evan Friedman
US Securities and Exchange Commission
Three World Financial Center
New York, NY 10281
Ph: [phone] X 0554
Fax: [phone]
[e-mail]
Kevin Patrick McGrath
Securities and Exchange Commission (NYC)
3 World Financial Center, Suite 400
New York, NY 10281
Ph:[phone]
Fax: [phone]
mcgrathk@sec. gov

Silvestre Fontes
US Securities and Exchange Commission
Boston Regional Office
33 Arch Street
23rd Floor
Boston, MA 02110-1424
Ph: [phone]
Fax: [phone]
[e-mail]

Melissa L. Halbig

- 2-

COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, SS.

BE IT REMEMBERED, that at the Supreme Judicial Court holden at Boston

first

within and for said County of Suffolk, on the
day of

November

A.D.

1951

, said Court being the highest

Court of Record in said Commonwealth:

Francis James DiMento
being found duly qualified in that behalf, and having taken and subscribed
the oaths required by law, was admitted to practice as an Attorney, and, by
virtue thereof, as a Counsellor at Law, in any of the Courts of the said
Commonwealth: that said Attorney is at present a member of the Bar, and
is in good standing according to the records of this Court*.

In testimony whereof, I have hereunto set my hand and affixed the
seal of said Court, this twelfth day of May
in the year of our Lord two thousand and eleven.

• Records of private discipline, if any, such as a private reprimand imposed by the Board of Bar Overseers or by any cotut, are not covered by this certification.
X3116

UNITED STATES DISTRJCT COURT
SOUTHERN DISTRJCT OF NEW YORK
)

SECURJTIES AND EXCHANGE COMMISSION )
Plaintiff,
-AgainstGALLEON MANAGEMENT, LP,
STEVEN FORTUNA, ET AL.,
Defendants

______________________________
)
)
County ofNew York )

)
)
)
)
)
)
)
)

)

09 Civ. 8811(JSR)
AFFIDAVIT OF
MELISSA L. HALBIG
IN SUPPORT OF MOTION
TO ADMIT COUNSEL
PRO HAC VICE

State ofNew York

ss:

I, Melissa L. Halbig, being duly sworn, hereby depose and state as follows:
1.

I am an Associate at Plourde, Bogue, Moylan + Marino, LLP, counsel for
the Defendant, Steven Fortuna in the above captioned action. I am familiar
with the proceedings in this case. I make this statement based on my
personal knowledge of the facts set forth herein and in support of
Defendant's Motion to admit, MichaelS. Marino as counsel pro hac vice
to represent Defendant in this matter.

2.

I am a member in good standing of the bar of the State of New York, and
was admitted to practice law in June 2004. I am also admitted to the bar of
the United States District Court for the Southern District of New York,
and am in good standing with this Court.

3.

I have known MichaelS. Marino since 2008.

4.

Mr. Marino is a partner at Plourde, Bogue, Moylan+ Marino, LLP, in
Providence, Rhode Island and Boston Massachusetts.

5.

I have found Mr. Marino to be a skilled attorney and a person of integrity.
He is experienced in Federal practice and is familiar with the Federal
Rules of Civil Procedure.

6.

Accordingly, I am pleased to move the admission of MichaelS. Marino,
pro hac vice.

1

7.

I respectfully submit a proposed order granting the admission of Michael
S. Marino, pro hac vice, which is attached hereto as Exhibit A.

WHEREFORE it is respectfully requested that the motion to admit Michael S. Marino,
pro hac vice, to represent Defendant, Steven Fortuna in the above captioned matter, be
granted.

Dated: May 23, 2011
Providence, Rhode Island

Respectfully submitted,

Melissa L. Halbig
SDNY Bar Code: MH4230

Notarized:
Sworn to before me this

23

j.
day of May 2011.

Notary Public:

2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
)
SECURITIES AND EXCHANGE COMMISSION )
)
Plaintiff,
)
)
-Against)
)
GALLEON MANAGEMENT, LP,
)
STEVEN FORTUNA, ET AL.,
)
)
Defendants

09 Civ. 8811 (JSR)

ORDER FOR ADMISSION
PRO HAC VICE
ON WRITTEN MOTION

-------------------------------- )
Upon the motion of Melissa L. Halbig, attorney for Defendant, Steven Fortuna, and said
sponsor attorney's affidavit in support;
IT IS HEREBY ORDERED that
Francis J. DiMento
DiMento & Sullivan
7 Faneuil Marketplace
Boston, MA 021 09-6113
Phone: [phone]
Fax: [phone]
[e-mail]

is admitted to practice pro hac vice as counsel for Steven Fortuna in the above captioned case in
the United States District Court for the Southern District ofNew York. All attorneys appearing
before this Court are subject to the Local Rules of this Court, including the Rules governing
discipline of attorneys. If this action is assigned to the Electronic Case Filing (ECF) system,
counsel shall immediately apply for an ECF password at nysd.uscourts.gov. Counsel shall
forward pro hac vice fees to the Clerk of the Court.
Dated:
New York, NY

United States District Judge Jed S. Rakoff

1

Case 1:09-cv-08811-JSR Document 193

Filed 05/04/11

Page 1 of 2

USO.C S.;DNY
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

OOCl\"tENT

------------------------------------- X

SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
-v-

ORDER

GALLEON MANAGEMENT, LP, et al.,
Defendants.
------------------------------------- X

JED S. RAKOFF, U.S.D.J.

Pending before the Court is the motion of Richard Schaeffer,
Esq., to be relieved as counsel for defendant Steven Fortuna and to be
replaced as counsel by Francis J. DiMento, Esq., and Michaels.
Marino, Esq.

In support of this motion, the parties have submitted:

(1) an affidavit from defendant Steven Fortuna stating that he has
elected to terminate Mr. Schaeffer's representation of him in this
case and wishes to retain Mr. DiMento and Mr. Marino as counsel going
forward;

(2) affidavits from Mr. DiMento and Mr. Marino promising that

they will abide by all previously set schedules in this matter; and
(3) an affidavit from Mr. Schaeffer stating that he and his firm
pledge to cooperate with Mr. Fortuna and his new counsel "with respect
to the transition of the representation from my firm to them."
In light of the above representations, the Court hereby grants
Mr. Schaeffer's motion to be relieved as counsel and approves the
substitution of Messrs. DiMento and Marino as new counsel for
defendant Steven Fortuna.

Case 1:09-cv-08811-JSR Document 193

SO ORDERED.

Dated:

3_,

Page 2 of2

9/dbfs.D.J.

New York, New York
May

Filed 05/04/11

2011

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