Lebewohl et al v. Heart Attack Grill LLC et al

Filing 4

MOTION for Robert C. Kain Jr. to Appear Pro Hac Vice. Document filed by Jon Basso, Hag LLC, Heart Attack Grill LLC.(pgu)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

JEREMY LEBEWOHL, UNCLE ABIES DELI
INC. d/b/a 2"d AVE DELI, UNCLE ABIES
DELI ON FIRST INC., and UNCLE ABIES
DELI SANDWICH TRADEMARKS LLC,

CIVIL ACTION NO: 11-CIV-3153

Plaintiffs,
v.
HEART ATTACK GRILL LLC, HAG LLC,
and JON BASSO,
Defendants.
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NOTICE OF MOTION TO ADMIT COUNSEL PRO HAC VICE

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To:

William W. Chuang, Esq.
Jakubowitz & Chuang LLP
401 Broadway
Suite 408
New York, NY 10013
Attorneys for Plaintiffs

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PLEASE TAKE NOTICE that upon the annexed affidavit of movant in support ofthis motion
and the Certificate(s) of Good Standing annexed thereto we will move this Court 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 for an Order allowing the admission of movant, Robert C. Kain, Jr. a member of the firm
of Kain & Associates, Attorneys at Law, P.A. and a member in good standing of the Bar(s) of the
State(s) ofNew York, Florida and Washington, D.C. and U.S. District Court, Southern District of
Florida as attorney pro hac vice to argue or try this case in whole or in part as counsel for defendants.
There are no pending disciplinary proceedings against me in any State or Federal court.

%.SONY (Rev. 10/2006) Pro Hac Vice Motion to Admit Counsel

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

Jeremy Lebewoh1, et al.

Plaintiff,
cv _3_15_3_ _ (LA~

11

LA 1<.

-against-

MOTION TO ADMIT COUNSEL
Heart Attack Grill, LLC,
et a1

Defendant.
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, Michael J. Quarequio

a member in good standing of

the bar of this Court, hereby move for an Order allowing the admission pro hac vice of
Applicant's Name:
Firm Name:
Address:
City/State/Zip:
Phone Number:
Fax Number:
Robert C. Kain Jr.

Robert C. Kain Jr.
Kain & Associates, Attorneys at Law, P.A.
900 S.e. 3rd Avenue, Suite 205
Fort Lauderdale, FL 33316
[phone]
[phone]
is a member in good standing of the Bar of the States of

New York, Florida and Washington, D.C.
There are no pending disciplinary proceeding against
in any State or Federal court.

Robert C. Kain Jr.

6117/2011
Dated:
City, State: Fort Lauderdale, Fl

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SONY Form Web 10/2006

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

JEREMY LEBEWOHL, UNCLE ABIES DELI
INC. d/b/a 2"ct AVE DELI, UNCLE ABIES
DELI ON FIRST INC., and UNCLE ABIES
DELI SANDWICH TRADEMARKS LLC,

CIVIL ACTION NO: 11-CIV-3153LAK

Plaintiffs,
V.

HEART ATTACK GRILL LLC, HAG LLC,
and JON BASSO,
Defendants.

AFFIDAVIT OF MICHAEL J. QUAREQUIO
IN SUPPORT OF MOTION TO ADMIT COUNSEL PRO HAC VICE

State ofNew York )
County of New York )
Michael J. Quarequio, being duly sworn, hereby deposes and says as follows:
1.
I am counsel for Defendants 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 Robert C. Kain, Jr. as counsel pro hac
vice to represent Defendants in this matter.
2.
I am a member in good standing ofthe bar ofthe State ofNew York, and was admitted to
practice law in 1988. I am also admitted to the bar of the United States District Court for the
Southern District ofNew York, and am in good standing with this Court.
3.

I have known Robert C. Kain, Jr. since 2009.

4.
Robert C. Kain, Jr. is the principle-shareholder of the firm Kain & Associates, Attorneys at
Law, P.A. in Fort Lauderdale, FL.
5.
I have found Mr. Kain to be a skilled attorney and a person of integrity. He is experienced in
Federal practice and is familiar with the Federal Rules of Procedure.

6.

Accordingly, I am pleased to move the admission of Robert C. Kain, Jr., pro hac vice.

7.
I respectfully submit a proposed order granting the admission of Robert C. Kain, Jr., pro hac
vice, which is attached hereto as Exhibit A.
WHEREFORE it is respectfully requested that the motion to admit (John Adams), pro hac
vice, to represent Defendants in the above captioned matter, be granted.

State of Florida

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J ) ss:

Countyof4~f

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The foregoing instrument was acknowledged before me this
/7 day of_Jo_v_........<.. _ _ __
_
2011, by Michael J. Quarequio, who is either personally known to me or who has produood
identification in the foTFf!=-frf=:

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Comm# 000676214 :
Expires 6/25/2011
Florida Notary Assn., Inc

/Michael J. Quarequio/
Michael J. Quarequio
SDNY Bar No. MQ2170
Michael J. Quarequio, P.A.
900 S.E. 3rct Avenue, Ste 202
Fort Lauderdale, FL 33316
954-524-3324
f- 954-779-1767
[e-mail]
Counsel for Defendants

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Roll!i!IBIIIIIIIIIII:I¥&0Dellllllllllllll~llllllllllllllllllllll

Robert C. Kain, Jr., Esq.
SDNY Bar No. (RK 7454)
RKain@ComplexiP .com
Kain & Associates, Attorneys at Law, P.A.
900 Southeast 3rd A venue, Suite 205
Fort Lauderdale, Florida 33316
Telephone:
[phone]
Facsimile:
[phone]

2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

JEREMY LEBEWOHL, UNCLE ABIES DELI
INC. d/b/a 2nct AVE DELI, UNCLE ABIES
DELI ON FIRST INC., and UNCLE ABIES
DELI SANDWICH TRADEMARKS LLC,

CIVIL ACTION NO: 11-CIV-3153

Plaintiffs,
V.

HEART ATTACK GRILL LLC, HAG LLC,
and JON BASSO,
Defendants.

AFFIDAVIT OF ROBERT C. KAIN, JR. IN SUPPORT OF
MOTION TO ADMIT COUNSEL PRO HAC VICE
State ofNew York

)
)
County of New York )

ss:

Robert C. Kain, Jr., being duly sworn, hereby deposes and says as follows:
1.

I am a partner-shareholder with the law firm ofKain & Associates, Attorneys at Law, P.A.

2.

I submit this affidavit in support of may motion for admission to practice pro hac vice in the
above captioned matter.

3.

As shown in the Certificate(s) of Good Standing annexed hereto I am a member in good
standing of the Bars of the State ofNew York, Florida and Washington D.C. and U.S. District
Court, Southern District of Florida.

4.

There are no pending disciplinary proceedings against me in any State or Federal court.

5.

Wherefore your affiant respectfully submits that he be permitted to appear as counsel and
advocate pro hac vice in this one case for plaintiff.

Dated:

6-IS... -zt!./l

Respectfully submitted,

By~~
Robert C. Kain, Jr.
SDNY Bar No. (RK 7454)
RKain@ComplexiP .com
Kain & Associates, Attorneys at Law, P.A.
900 Southeast 3rd A venue, Suite 205
Fort Lauderdale, Florida 33316
Telephone:
[phone]
Facsimile:
[phone]
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Dated this _/J_ day of_v~·""_,...._'- _____, 2011.
_
_

fRobert C. Kain, Jr.
State of Florida
County of

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The foregoing instrument was acknowledged before me this /
day of Jv....,.--<._
,
2011, by Robert C. Kain, Jr., who is either personally known to me Of \vflO has pfea-eced ieleatification
.,in th0 foffil.-ef _ _ _ _ _ _ _ _ _ _ _ _ __

Commission No.
CHANTAL J. PIEARE
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G:\RCK\CLIENTS\Heart-Attack(HAG)\Lebewohl-2nd-Ave-Deli-v-Heart-Attack\Mot-Admit-Affidavit.wpd

2

MY COMMISSION t DO 865292
EXPIRES: June ZT, 2013
8cnded Tlw NoCary Pullllc~

d/ale ofXem Yor£
dupreme Gourf, 7/ppeffale 7Jivision
7£irdJ/uch"ciaf7Jeparlmenl
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c5upreme Courl oft.J;e cS!ale of:X:Zw Yar£, JhirdJlud)cia/7Jeparlmenl, do
hereby cerlify Ilia!

!J(oberl G. Xain

;Jr.

liauin!Jiaben andsubscribed/lie Gonsl.iluliona!Oalli ofOffice as prescribedby
law, was duf'y licensedandadm.tlledIa praclice by lhis Gaur! as an :7/llorney
andGounseloral Bawin allcourls ojllie cS!ale ojXew Yor.£ on !lie 17/.h da!l

of7lprL/, 19&4, 1s currenl.(y 1'n !loodslanch'n!J andis re!f1'sleredw1'fli !lie
:Jidm1n1slral.iue Office aftlie Courts as reruiredby secl.ion four liunclredsixly-ei!Jlil--a ojllie Jluch'ciary haw.

-Yn W1'fness Whereof, g haue hereunlo sel my hand
andaffixed!lie c5ealofsaid Co uri, allfie
Cily of71/bany, lh1's 61£ day of;June,
2011.

The Florida Bar
651
JoHN F. HARKNESS, JR.

EAST JEFFERSON STREET

TALLAHASSEE, FLORIDA

EXECUTIVE DIRECTOR

32399-2300

850/561-5600
www.FLORIDABAR.ORG

State of Florida

)

County of Leon

)

In Re: 266760
Robert C. Kain, Jr.
Kain & Associates, Attorneys at Law
900 S.E. 3rd Ave., Ste. 205
Fort Lauderdale, FL 33316

I HEREBY CERTIFY that I am the duly appointed custodian of membership records of The
Florida Bar.
I FURTHER CERTIFY that the records in the office of the Clerk of the Supreme Court of
Florida indicate that said attorney was admitted to practice law in the State of Florida on
December 18, 1978.
I FURTHER CERTIFY that the records in the office of The Florida Bar indicate that the above
attorney is an active member of The Florida Bar in good standing.
Dated this ----=-3
__ day of June, 2011.

J!~JJ,~
Willie Mae Shepherd
Supervisor, Membership Records
The Florida Bar
WMS/ecF/R10

~ iztrid

of aiolumhht aiourt of J\pptalz
Qlommitrec on J\hmissious

43D ~ ~±red, ~L)!l!L - ~nom 123
)!iasfriugtou, ~eL QI. ZDDD1
202 I 879-2710
I, JULIO A. CASTILLO, Clerk of the District of Columbia

ROBERT C. KAIN, JR.
day of

was on the
duly

qualified

entitled

to

and

admitted

practice

JUNE,

1982

-------------------------------------------

before

as

an

this

attorney
Court

and

and
is,

counselor
on

the

and
date

indicated below, an active member in good standing of this Bar.

In Testimony Whereof, I have
hereunto subscribed my name
and affixed the seal of this
Court
at
the
City
of
Washington, D.C., on June 8,
2011.
JULIO A. CASTILLO
Clerk of the Court

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AO 136
(Rev. 6182)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

CERTIFICATE OF GOOD STANDING

UNITED STATES OF AMERICA
SOUTHERN DISTRICT OF FLORIDA

I, STEVEN M. LARIMORE,

DO HEREBY CERTIFY that

}

Fla. Bar. #

2667 60

Clerk of the United States District Court
for the Southern District of Florida,

Robert C Kain Jr.

was duly admitted to practice in

said Court on May 29, 1979, and is in good standing as a member of the bar ofthis Court.
Dated at: Miami, Florida, this June 15. 2011.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

JEREMY LEBEWOHL, UNCLE ABIES DELI
INC. d/b/a 2nd AVE DELI, UNCLE ABIES
DELI ON FIRST INC., and UNCLE ABIES
DELI SANDWICH TRADEMARKS LLC,

CIVIL ACTION NO: 11-CIV-3153

Plaintiffs,
v.
HEART ATTACK GRILL LLC, HAG LLC,
and JON BASSO,
Defendants.

ADMISSION TO PRACTICE PRO HAC VICE
The motion for admission to practice pro hac vice in the above captioned matter is granted. The
admitted attorney Robert C. Kain, Jr. is permitted to argue or try this particular case in whole or in part
as counsel or advocate for defendants.
This Order becomes effective upon the Court's receipt of the required $25.00 fee and confirms
your appearance as counsel in this case. A notation of your admission pro hac vice in the above listed
case will be made on the roll of attorneys.
Dated:

United States District Judge
cc:

William W. Chuang
Michael J. Quarequio
Robert C. Kain, Jr.
Court File

G:\RCK\CLIENTS\Heart-Attack(HAG)\Lebewohl-2nd-Ave-Deli-v-Heart-Attack\Order-pro-hac. wpd

CERTIFICATE OF SERVICE
I hereby certify that on June 17, 2011, I filed the foregoing document with the Clerk of the
Court, I filed the Notice ofMotion, the Motion to Admit Counsel Pro Hac Vice, my affidavit in
support of admission, Robert Kain's Affidavit and a proposed Order, with the Court via Federal
Express, overnight service. I also certify that the foregoing documents are being served this day on
all counsel of record or pro se parties identified on the attached Service List in the manner specified,
either via transmission ofNotices of Electronic Filing generated by CM/ECF, by Federal Express,
next day service, or in some other authorized manner for those counsel or parties who are not
authorized to receive electronically Notices of Electronic Filing.
William W. Chuang, Esq.
Jakubowitz & Chuang LLP
401 Broadway
Suite 408
New York, NY 10013
Attorneys for Plaintiffs

~

I

I

/Michael J. Ouarequio/
Michael J. Quarequio
SDNY Bar No. MQ2170

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