Professional Documents
Culture Documents
Prohac Deanresponse
Prohac Deanresponse
EXHIBIT A
E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
Robeit Mullinax
Plaintiff,
Defendant.
standing with the Bar with the United States District Court for the Western District of North
1. Applicant is a member in good standing of the bar of the highest court of the State
l
E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
3. Applicant certifies that s/he is also adi'nitted to practice before and remains in good
State of California (CABN: 260598); State of Pennsylvania (PABN: 313356); MDNC, WDNC
4. Applicant certifies s/he has never been the subject of any fori'nal suspension or
disbarinent proceedings; never been denied adinission pro /7(/C vice in this or any other jurisdiction
or had pro hac vice adinission revoked; never had any certificate or privilege to appear and practice
before any judicial or adi'ninistrative body suspended or revoked; and has never received public
discipline by any court or lawyer regulatory organization. If App)icant cannot so certify, the
applicant has attached a separate explanation including particular information disclosing the
5. Applicant certifies that the client requested Applicant to represent it in this matter,
6. Applicant agrees to be subject to the Orders of the WDNC, including the Local
Rules of the WDNC, and amenable to the disciplinary action and the civil jurisdiction of the
WDNC in al) respects as if the applicant were a regularly admitted and licensed i'neinber of the
7. Local Counsel is satisfied that Applicant is qualified to practice before the Bar of
the WDNC.
8. Local Cocinsel )ias conferred with counsel for the other parties, who have indicated
9. The required fee for admission pro hac vice is being subi'nitted with the filing of
this motion.
2
E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
Elnall AddreSSbgraliain@wallacegraliain.oin
E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
EXPLANATION
for PRO HAC VICE APPLICATION
Court, Judicial District of Fairfield at Bridgeport, Reed, III, Kenneth et al. v. 3M Co.
(f/k/a Minnesota Mining & Manufacturing Co., et al). It was denied. There was an
error in the affidavit of my application. I had been involved in a prior case in the
state of Connecticut and left the case out of the application. The court found the
eror was not made in bad faith but was careless and denied the request. The court
also found that my prior involvement in the state was not infrequent even though
limited to one case because the case was pending over the course of four (4) years.
EXHIBIT B
E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
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EXHIBIT C
E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
1. Application
The undersigned seeks permission to appear pro hac vice in the above-captioned proceeding.
Applicant iwst coinplete all of tjie following.'
If this matter involves review of an agency action, did the applicant seek admission pro hac vice in
the proceedings below? [] Yes lx No
Ifyes, attach copies of all related documents.
a. Applicant's full name, residential address, email address, and business address.
c. The courts before which the applicant has been admitted to practice and the
respective periods of admission and any jurisdiction in which the out-of-state lawyer
has been licensed to practice as a Foreign legal consultant and the respective
period of licensure.
d. Has the applicant ever been denied admission pro hac vice in this state?
€ YeS [XNO
f7'yes, on a separate page specify the caption of tlie proceedings, tlie date of the denial, and wliat findings were
inade. Attach copies of all related docxm;ients.
e. Has the applicant ever had admission pro hac vice revoked in this state?
€ YeS Z NO
If yes, on a separate page specify the caption of the proceedings, the date of the denial, and what findings were
made. Attach copies of all related documents.
f. Has the applicant ever been denied admission in any jurisdiction for reasons other
than failure of a bar examination? [x Yes [1 No
If yes, on a separate page specify the caption of tlie proceedings, the date of the denial, and wliat findings were
inade. Attach copies of all related docuinents.
g. Has the applicant ever been formally disciplined or sanctioned by any court in this
state? [] Yes [x No
[f.ves, on a separate page specify the name of the allegations, the naine of the autliority bringing such
proceedings, the caption of the proceedings, the date filed, what findings were made, and what action was
taken in connection with those proceedings. Attach copies of all related docurnents.
h. Has the applicant ever been the subject of any injunction, cease-and-desist letter,
or other action arising from a finding that the applicant engaged in the unauthorized
practice of law in this state or elsewhere? [1 Yes [X No
If yes, on a separate page specify the nature of the allegations, the narne of the authority bringing such
proceedings, the caption of the proceedings, the date filed, what findings were made, and what action was
taken in connection witl'i those proceedings. Attach copies of all related docuinents.
Has any formal, written disciplinary proceeding ever been brought against the
applicant by a disciplinary authority or unauthorized practice of law commission in
any other jurisdiction within the !ast five years? J Yes [x No
If yes, on a separate page specify as to eacl'i such proceeding: the nature of the allegations, the name of the
person or aut/iority bringing such proceedings, the date the proceedings were initiated andfinally concluded,
the style of the proceedings, and the findings inade and actions taken in connection wit/i those proceedings.
Attacli copies of all related docuinents.
j. Has the applicant ever been placed on probation by a disciplinary authority in any
otherjurisdiction? JYes 7No
If yes, on a separate page specify the jurisdiction, caption of the proceedings, the terms of the probation, and
what findings were made. Attach copies of all related docurnents.
k. Has the applicant ever been held formally in contempt or otherwise sanctioned by
any court in a written order in the last five years for disobedience to the court's rules
or orders? [x Yes g No
lf yes, on a separate page specify the nature of the allegations, the naine of the court before which such
proceedings were conducted, the date of the contempt order or sanction, the caption of the proceedings, and
the substance of the court's rulings. Attach to this application a copy of the written order or a transcript of tjie
oral ruling and other related documents.
1. Has the applicant filed an application to appear pro hac vice in this state within the
preceding two years? l] Yes J No
If yes, on a separate page list the name and address of each court or agency and a fidl identification of each
proceeding in which an application wasfiled, inclzrding the date and outcoine of the application. Attacj'i
copies of all related docurnents.
m. The applicant acknowledges familiarity with the rules of professional conduct, the
disciplinary procedures of this state, the standards for professional conduct, the
applicable local rules, and the procedures of the court before which the applicant
seeks to practice. [x Yes [) No
n. List the name, address, telephone number, email address, and personal
identification number of an in-state lawyer in good standing of the bar of this state
who will sponsor the applicant's pro hac vice request.
DavidW.Stamp dstamp@ballkirkholm.com
Lawyer'snaryye PIN Emadaddress
Ball Kirk & Holm PC, 3324 Kimball Ave. Waterloo IA 50704
Lawyerasaddress Crty State ZlPcode
o. The applicant acknowledges that service upon the in-state attorney in all matters
connected with the proceedings will have the same effect as if personally made
upon the applicant. UXYes [1 No
p. If the applicant has appeared pro hac vice in this state in five proceedings within the
preceding two years, the applicant must, on a separate attached page, provide a
statement showing good cause why the applicant should be admitted in the present
proceeding.
q. On a separate attached page the applicant must provide any other information the
applicant deems necessary to support the application for admission pro hac vice.
r. Has the applicant registered with the office of professional regulation and paid the
fee as required by lowa Court Rule 31.14(1 1) within five years of the date of this
application? [xYes JNo
Rule 31.25-Form 1: Application for Adnussron Pro Hac Vice-District Court, continued
March 8 , 20 21 "si
' lffilirig rn paper, yovi nwst kmdwrite your srgnalwe on this forrn. lffiling electronically,you mctvhandwrde your signature
0l? the forrn, scan the form, and then file it electronrcaliy, or, yoxt inay affix a dr5pti:ed srgnalure and file the forrn
electronically.
Certificate of Service
The undersigned certifies a copy of this application was served on the following parties:
This would be sent to all counsel of record if refiled and has been attached as Ex. C to VERIFIED RESPONSE TO DEFENDANTS
FORD MOTOR COMPANY AND HONEYWELL INTERNATIONAL INC.'S MOTION TO REQUIRE PLAINTIFFS' COUNSEL JESSICA
DEAN TO RESBLIMIT HER APPLICATION FOR ADMISSION PRO HAC VICE WITH FULL AND ACCURATE INFORMATION
Srgnature ofserver
Section c – Attachment
Section f. Explanation
Judicial District of Fairfield at Bridgeport, Reed, III, Kenneth et al. v. 3M Co. (flkla Minnesota
Mining & Manufacturing Co., et al). It was denied. There was an error in the affidavit of my
application. I had been involved in a prior case in the state of Connecticut and left the case out
of the application. The court found the error was not made in bad faith but was careless and
denied the request. The court also found that my prior involvement in the state was not
infrequent even though limited to one case because the case was pending over the course of
Section l. Explanation
Defendants.
The Court has before it the Motion for Admission Pro Hac Vice filed by Jessica Michelle
Dean, an attorney licensed and a member in good standing in the State of Texas. Pursuant to
Iowa Code Section 602.10111 and Iowa Court Rule 31.14, the Motion for Admission Pro Hac
Vice should be granted.
IT IS THE ORDER OF THE COURT that the Motion for Admission Pro Hac Vice
of Jessica Michelle Dean is GRANTED and said attorney may appear in and conduct matters
before the Court in the above-captioned action. The appearance of Jessica Michelle Dean in this
action shall subject her to knowledge of and compliance with all State and Local Rules of Court,
as well as the contempt and sanction powers of this Court.
IT IS SO ORDERED this day of , 2019.
E-FILED
E-FILED
2021 MAR
201909
JUN
10:43
26 3:17
AM POTTAWATTAMIE
PM SCOTT - CLERK
- CLERK
OF DISTRICT
OF DISTRICT
COURT COURT
So Ordered
Section k Explanation:
In late 2019 and early 2020, Ms. Dean appeared pro hac vice in a Minnesota asbestos
trial, Henry v. CRA Trailer, et al., Minnesota Second Judicial District case no. 62-CV-15-
775. Although all experts and physicians eventually agreed that Mr. Henry had lung cancer, there
had been some question as to whether his disease might actually be mesothelioma (a separate and
distinct disease from lung cancer). The Parties therefore agreed to a motion in limine, under which
the parties and witnesses were ordered not to suggest to the jury that Mr. Henry had mesothelioma.
One of Plaintiffs’ expert witnesses was Dr. Edwin Holstein, a renowned expert witness in
asbestos cases, whom Ms. Dean had previously retained on multiple occasions. During the trial
while discussing his upcoming testimony, Dr. Holstein informed Ms. Dean that he believed Mr.
Henry might actually have had both lung cancer and mesothelioma, and that his treating physicians
had missed the second diagnosis. Ms. Dean informed Dr. Holstein that Plaintiffs were not
pursuing a claim for mesothelioma, but failed to inform him of the Court order forbidding
witnesses to make such a suggestion during the trial. Unfortunately, this led to Dr Holstein
expressing his opinion that Mr. Henry had both lung cancer and mesothelioma to the jury, and the
Court declared a mistrial.
Defendants subsequently moved for fees and costs against Plaintiffs’ counsel, and to
strike Dr. Holstein from testifying during the retrial. The Court granted some, but not all, of
Defendant’s requested fees, noting, “I am not going to be awarding any extra sanction, which I
would consider doing if I was convinced that this was intentional.”
ELECTRONICALLY FILED
STATE OF MINNESOTA RAMSEY COUNTY
DISTRICT DISTRICT COURT
COURT
E-Filed Jul 17 2020 02:02PM
N/A
COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT
TransactionID65778401
Plaintiff,
v.
ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANT S
3M Company, et al MOTION FOR AWARD OF FEES AND
COSTS
Defendants.
The above-entitled matter came before the Honorable John H. Guthmann, Judge of
District Court, on April 24, 2020. Among the issues heard was CRA Trailers, Inc. f/k/a Great
Dane Trailers, Inc. s (“defendant ) motion for award of fees and costs against plaintiff. Jessica
M. Dean, Esq., Benjamin D. Braly, Esq., and, Aaron D. Chapman, Esq., appeared on behalf of
plaintiff. Amanda M. Cialkowski, Esq., Benjamin C. Johnson, Esq., Jan R. McLean Bernier,
Esq., and David M. Burkhoff, Esq., appeared on behalf of defendant CRA. Any other appearance
FINDINGS OF FACT
December 12, 2019, the court issued a mistrial following a violation of a motion in limine by
plaintiff s counsel.
2. In response to the mistrial, defendant filed a motion for award of fees and costs
and other relief. (Def. CRA Trailers, Inc. f/k/a Great Dane Trailers, Inc. s Mem. in Supp. of its
Mot. for an Award of Fees and Costs and Other Relief.) Responsive and reply briefs were also
filed. (Pl. s Resp. to CRA Trailers Inc. s Mot. for Fees and Costs and Other Relief; Def. CRA
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Trailers, Inc. f/k/a Great Dane Trailers, Inc. s Reply Mem. In Supp. of its Mot. for an Award of
defendant s motion for award of fees and costs and other relief was heard by the court. From the
bench, the court granted defendant s motion for an award of fees and costs. Only the amounts
remained to be determined. Defendant was ordered to file documentation of the requested costs
and fees and plaintiff was granted the opportunity to file an opposition. The motion was taken
4. According to the supporting affidavits, billing rates for the attorneys who
regularly worked on defendant s case are as follows: Amanda Cialkowski (“Ms. Cialkowski ),
Benjamin Johnson (“Mr. Johnson ), and Jan Bernier (“Ms. Bernier ) billed $310.00 an hour;
Paula Corrigan (Ms. Corrigan ) billed $195.00 an hour; and Ray Fournie (“Mr. Fournie ) billed
$330.00 an hour. (Decl. of Amanda M. Cialkowski in Supp. of Def. CRA Trailers, Inc. f/k/a
Great Dane Trailers, Inc. s Mot. for Award of Fees and Costs and Other Relief; Ex. A-F.) In
defendant s declaration, Ms. Cialkowski indicated that the rates charged by the attorneys in this
case was substantially discounted compared to what they normally charge. (Id.)
5. Paragraphs 6-21 below describe defendant s claim for sanctions in the form of
6. Defendant requests $2,289.50 in attorney s fees for setting up and tearing down
the courtroom technology for the December trial. Defendant set up its technology on December
6, 2019, the Friday before the trial commenced, and removed it on December 13, 2019.
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Supp. of Def. CRA Trailers, Inc. f/k/a Great Dane Trailers, Inc. s Mot. for Award of Fees and
Costs and Other Relief.) All of the fees incurred by defendant on the re-designation of testimony
of James Hofstetter post-dated the December 2019 mistrial. (See Cialkowski Decl. Ex. C;
Cialkowski Decl. Ex. D; Cialkowski Decl. Ex. F.) Plaintiff objects to the costs associated with
the re-designation of James Hofstetter because the costs are not attributable to anything that
occurred in connection with the December 2019 mistrial and the same testimony was used in
both trials so no extra work was needed. (Pl. s Objs. to the Costs and Fees Requested by CRA
Trailers, Inc. at 6.) Plaintiff also objects to the associated filing fee. (Id.)
of Def. CRA Trailers, Inc. f/k/a Great Dane Trailers, Inc. s Mot. for Award of Fees and Costs
and Other Relief.) The associated attorney fees incurred for this item post-dates the December
2019 mistrial. (See Cialkowski Decl. Ex. C; Cialkowski Decl. Ex. F.) Plaintiff objects to the fees
associated with responding to the duplicative motion to exclude D. Carter s testimony because
they were incurred after the mistrial, they cannot be attributed to the December 2019 mistrial,
and, based on the timing of the motion, an opposition was needed even if there was no mistrial.
(Pl. s Objs. to the Costs and Fees Requested by CRA Trailers, Inc. at 7.) Plaintiff objects to the
Johnson, Jan Bernier, and Paula Corrigan for the December 2019 trial days, excluding time spent
during the motions in limine. On December 9, 2019, Ms. Cialkowski billed $3,534.00, Mr.
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Johnson billed $3,410.00, Ms. Bernier billed $2,883.00, and Ms. Corrigan billed $2,925.00 for
trial preparation and attendance. On December 10, 2019, Ms. Cialkowski billed $4,340.00 for
trial attendance, Mr. Johnson billed $5,270.00 for trial attendance, Ms. Bernier billed $4,340.00
for trial attendance, and Ms. Corrigan billed $2,827.50 for trial preparation and attendance. On
December 11, 2019, Ms. Cialkowski billed $5,115.00 for trial attendance, Mr. Johnson billed
$4,650.00 for trial attendance, Ms. Bernier billed $3,162.00 for trial participation, and Ms.
Corrigan billed $2,340.00 for trial preparation and attendance. Finally, on December 12, 2019,
Ms. Cialkowski billed $3,689.00 for trial attendance and work related to the mistrial motion, Mr.
Johnson billed $3,410.00 for trial attendance and work related to the mistrial motion, Ms. Bernier
billed $3,441.00 trial participation and work performed on the mistrial motion, and Ms. Corrigan
billed $1,813.50 for trial preparation and attendance. (Cialkowski Decl. Ex. A; Cialkowski Decl.
Ex. F.)
potential jurors in December 2019. (Decl. of Amanda M. Cialkowski in Supp. of Def. CRA
Trailers, Inc. f/k/a Great Dane Trailers, Inc. s Mot. for Award of Fees and Costs and Other
Relief.) On December 5, 2019 Ms. Corrigan billed $390.00 and L. Kallas billed $155.00. On
December 6, 2019 Ms. Corrigan billed $195.00. On December 9, 2019, A. Peterson billed
$620.00, K. Eisler billed $868.00, D. Pishko billed $292.50, K. Narveson billed $292.50, L.
Boris billed $897.00, M. Zapata billed $390.00, and L. Kallas billed $620.00. On December 11,
2019 K. Narveson billed $136.50 and L. Kallas billed $108.50. Finally, on December 12, 2019
K. Narveson billed $78.00. (Cialkowski Decl. Ex. A; Cialkowski Decl. Ex. F.) Plaintiff objects
to these fees as unnecessary, unreasonable, and excessive. (Pl. s Objs. to the Costs and Fees
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11. Defendant seeks reimbursement for $33,429.00 in attorney fees incurred by Ray
Fournie in preparing and attending the December trial. (Decl. of Amanda M. Cialkowski in
Supp. of Def. CRA Trailers, Inc. f/k/a Great Dane Trailers, Inc. s Mot. for Award of Fees and
Costs and Other Relief.) Mr. Fournie s fees are broken down as follows: on December 4, 2019,
$3,894.00 was billed for travel to Savannah GA, for the deposition of “D. Carter, trial prep, and
meet with “J. Hewson ; on December 5, 2019, $3,432.00 was billed for trial preparation,
meetings, and issues related to the motion to continue the case; on December 6, 2019, $1,188.00
was billed for trial preparation, telephone calls, and telephone motion hearing with the judge; on
December 7, 2019, $1,782.00 was billed for trial preparation and telephone conferences; on
December 8, 2019, $3,498.00 was billed for travel to St. Paul and preparation for trial; on
December 9, 2019, $4,422.00 was billed for trial preparation and attendance; on December 10,
2019, $4,686.00 was billed for trial preparation and attendance; on December 11, 2019,
$5,511.00 was billed for trial preparation and attendance; and, on December 12, 2019, $5,016.00
was billed for trial preparation and attendance. (Cialkowski Decl. Ex. E; Cialkowski Decl. Ex.
F.)
12. Defendant seeks reimbursement of $16,284.00 in attorney fees for drafting the
sanctions motion. (Declaration of Amanda M. Cialkowski in Supp. of Def. CRA Trailers, Inc.
f/k/a Great Dane Trailers, Inc. s Mot. for Award of Fees and Costs and Other Relief.) Plaintiff
objects to the amount of time billed for drafting the sanctions motion. (Pl. s Objs. to the Costs
13. Defendant seeks reimbursement of $5,074.50 in attorney fees for drafting Ms.
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Supp. of Def. CRA Trailers, Inc. f/k/a Great Dane Trailers, Inc. s Mot. for Award of Fees and
Supp. of Def. CRA Trailers, Inc. f/k/a Great Dane Trailers, Inc. s Mot. for Award of Fees and
Costs and Other Relief.) Ms. Corrigan incurred the following parking costs: $13.00 on December
6, 2019; $36.00 from December 9, 2019 to December 10, 2019; $14.00 on December 11, 2019;
and $13.00 on December 12, 2019. (Cialkowski Decl. Ex. A; Cialkowski Decl. Ex. F.) Ms.
Cialkowski incurred the following parking costs: $42.00 in hotel parking from December 8, 2019
through December 10, 2019; $21.00 on December 11, 2019; and $21.00 on December 12, 2019.
(Cialkowski Decl. Ex. B; Cialkowski Decl. Ex. C; Cialkowski Decl. Ex. F.) Ms. Bernier incurred
$21.00 in parking on December 11, 2019. (Cialkowski Decl. Ex. B; Cialkowski Decl. Ex. F.)
Supp. of Def. CRA Trailers, Inc. f/k/a Great Dane Trailers, Inc. s Mot. for Award of Fees and
Costs and Other Relief.) The hotel costs are as follows: $298.63 for Mr. Johnson s lodging from
December 8, 2019 through December 10, 2019; $597.26 for Ms. Cialkowski s lodging from
December 8, 2019 through December 10, 2019; and $298.63 for Ms. Bernier s lodging from
December 8, 2019 through December 20, 2019. (Cialkowski Decl. Ex. B; Cialkowski Decl. Ex.
F.)
Supp. of Def. CRA Trailers, Inc. f/k/a Great Dane Trailers, Inc. s Mot. for Award of Fees and
Costs and Other Relief.) The following meals were incurred before trial started: $20.42 on
December 7, 2019 and $20.13 on December 8, 2019. The following meals were incurred after
trial started: $7.88 on December 9, 2019; $252.36 on December 9, 2019; $187.02 on December
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9, 2019; $252.82 on December 10, 2019; $11.98 on December 10, 2019; $70.94 on December
10, 2019; $17.02 on December 10, 2019; $34.28 on December 10, 2019; $89.11 on December
11, 2019; $227.02 on December 11, 2019; $43.13 on December 12, 2019; and $121.90 on
December 12, 2019. (Cialkowski Decl. Ex. B; Cialkowski Decl. Ex. C; Cialkowski Decl. Ex. F.)
Plaintiff objects to the meal costs claimed by defendant based on the failure to provide receipts
and because the claimed amount is excessive. (Pl. s Objs. to the Costs and Fees Requested by
Amanda M. Cialkowski in Supp. of Def. CRA Trailers, Inc. f/k/a Great Dane Trailers, Inc. s
Mot. for Award of Fees and Costs and Other Relief.) The invoice indicates that on January 23,
2020, $3,817.00 was billed by Lori Morrow Court Reporting Inc. for trial transcripts taken on
December 9, 2019 through December 12, 2019. (Cialkowski Decl. Ex. B; Cialkowski Decl. Ex.
F.) The invoice indicates that on February 3, 2020, $962.50 was billed by Suzanne Hagen
Reporting for the transcript of trial taken on December 11, 2019 and December 12, 2019.
(Cialkowski Decl. Ex. C; Cialkowski Decl. Ex. F.) Plaintiff objects to the transcript cost claim
because the costs were not necessitated due to the mistrial. (Pl. s Objs. to the Costs and Fees
18. Defendant seeks reimbursement of $539.38 for courtroom technology fees. (Decl.
of Amanda M. Cialkowski in Supp. of Def. CRA Trailers, Inc. f/k/a Great Dane Trailers, Inc. s
Mot. for Award of Fees and Costs and Other Relief; Cialkowski Decl. Ex. A; Cialkowski Decl.
Ex. F.)
19. Defendant seeks reimbursement of filing fees as follows: $22.66 for the mistrial
motion; $97.66 for the sanction motion; $97.66 for the Carter motion; and $22.66 for the
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Trailers, Inc. f/k/a Great Dane Trailers, Inc. s Mot. for Award of Fees and Costs and Other
Relief; Cialkowski Decl. Ex. B; Cialkowski Decl. Ex. D; Cialkowski Decl. Ex. F.)
20. Defendant seeks $116.29 in mileage, which is broken down as follows: $32.77 on
December 6, 2019; $17.69 incurred on December 8, 2019; $5.51 incurred on December 10,
2019; $30.16 incurred on December 11, 2019; $30.16 incurred on December 12, 2019. (Decl. of
Amanda M. Cialkowski in Supp. of Def. CRA Trailers, Inc. f/k/a Great Dane Trailers, Inc. s
Mot. for Award of Fees and Costs and Other Relief; Cialkowski Decl. Ex. A; Cialkowski Decl.
Ex. F.)
21. Defendant seeks reimbursement of $1,658.04 in travel expenses for Mr. Fournie
but there was no itemization of what the travel was for. (Decl. of Amanda M. Cialkowski in
Supp. of Def. CRA Trailers, Inc. f/k/a Great Dane Trailers, Inc. s Mot. for Award of Fees and
Costs and Other Relief; Cialkowski Decl. Ex. E; Cialkowski Decl. Ex. F.)
CONCLUSIONS OF LAW
protect their vital function–the disposition of individual cases to deliver remedies for wrongs
and justice freely and without purchase; completely and without denial; promptly and without
delay, conformable to the laws. Ayers v. Kalal, No. A19-1292, 2020 WL 1671691, at *5
(Minn. Ct. App. Apr. 6, 2020) (citing Patton v. Newmar Corp., 538 N.W.2d 116, 118 (Minn.
1995).) “The judiciary s inherent power governs that which is essential to the existence, dignity,
and function of a court because it is a court. In re Cascarano, 871 N.W.2d 34, 36 (Minn. Ct.
App. 2015) (citing State v. M.D.T., 831 N.W.2d 276, 280 (Minn. 2013).) Minnesota courts may
award attorney s fees as a sanction by statute, rule, or through the exercise of inherent power.
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See, e.g., Frazier v. Burlington Northern Santa Fe Corp., 788 N.W.2d 770, 783 (Minn. Ct. App.
2010) (inherent authority), re d on o her gro nd , 811 N.W.2d 618 (Minn. 2012); Minn. Stat. §
549.211 (2018); Minn. R. Civ. P. 11. In addition, Rule 16.06 of the Minnesota Rules of Civil
Procedure provides an avenue for the court to sanction a party and order them to pay the
“reasonable expenses incurred, including attorney fees, due to noncompliance with a pretrial
23. Defendant has the burden of proving the reasonableness of the fees and expenses
it seeks to recover. E.g., Specialized Tours v. Hagen, 392 N.W.2d 520, 542-43 (Minn. 1986)
24. The circumstances surrounding the mistrial in December 2019 compels the court
to sanction plaintiff s counsel and award defendant attorney s fees costs pursuant to its inherent
authority. The reasons for granting defendant s motion were placed on the record of the original
25. The court s decision is supported by Erickson v. Hinckley Mun. Liquor Store, 373
N.W.2d 318, 320-321 (Minn. Ct. App. 1985). Under circumstances nearly identical to the
instant case, the Erickson court issued a mistrial after the attorney failed to inform the treating
physician of the judge s order that he could only testify to matters within the scope of the
deposition. When called to testify at trial, the physician testified to matters outside of the scope
of the deposition. Id. As a result, the judge issued a mistrial. Id. Neglect by the appellant s
attorney was the basis for the mistrial. Id. at 326. Consequently, the court awarded respondent s
costs and attorney s fees and the award was affirmed on appeal. Id. at 321, 326.
26. Similarly, in the instant case, the court heard motions in limine on day one of the
December 2019 jury trial. At the motion hearing, the undersigned ruled that both parties were
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precluded from arguing or even “from suggesting that this is a mesothelioma case . . .. (Tr.
December 9, 2019 AM at 44.) During trial testimony on December 12, 2020, counsel for plaintiff
asked Dr. Holstein “[b]ut are your opinions about what disease he died from consistent with what
the medical records indicate? (Tr. December 12, 2019 AM at 808.) Dr. Holstein responded with
“50/50. (Id.) Counsel proceeded to ask “[w]hat do you mean? (Id.) The open-ended question
elicited the following prohibited testimony from Dr. Holstein, “in my mind, there s at least a
50/50 chance he had a different cancer, namely, a mesothelioma. (Id.) Counsel for plaintiff
conceded that Dr. Holstein s testimony violated the court s order. (Tr. March 5, 2020 AM at 22.)
The court determined no jury instruction from the bench could cure Dr. Holstein s testimony and
27. As in Erickson, the mistrial was ordered due to the conduct of counsel. Counsel
for plaintiff failed to inform its witness, Dr. Holstein, of the court s ruling and the permitted
scope of testimony. Counsel also failed to inform its witness that if he even suggested Mr. Henry
had mesothelioma, a court order would be violated. (Tr. March 5, 2020 AM at 28-29.) Moreover,
the manner of questioning by counsel invited a prohibited response. Consequently, the court
may sanction plaintiff s counsel and award defendant attorney s fees and out-of-pocket expenses
28. Not only does the court have the authority to award defendant s fees and costs,
such an award is appropriate in this case. As a direct consequence of the actions of plaintiff s
counsel, defendant was required to incur costs and fees that it should not have incurred.
However, as the court reminded counsel at the motion hearing, entitlement to an award of fees
and costs does not give defendant a blank check. Rather, as a matter of equity, the court
informed counsel it would balance the benefits defendant received from participating in three
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and a half days of trial and its opportunity to see a significant portion of plaintiff s case
29. Following the hearing on the motion for costs and fees and other relief, defendant
submitted a supporting declaration along with exhibits. Plaintiff filed an opposition objecting to
(1) the hourly attorney rates; (2) hours expended; (3) fees for work post-dating the December
30. Plaintiff objects to defendant s request for attorney s fees based on its failure to
comply with the lodestar method for determining reasonable attorney fees. (Pl. s Objs. to the
Costs and Fees Requested by CRA Trailers, Inc. at 2-5.) However, as plaintiff acknowledges in
his brief, the lodestar method is used for determining the reasonableness of attorney fees in
statutory settings. See Green v. BMW of N. Am., LLC, 826 N.W.2d 530, 535 (Minn. 2013). The
instant motion for sanctions is based upon the court s inherent authority. However, the lodestar
method is the most efficient, accurate and fair means by which to determine the reasonableness
of a claim for attorney s fees and it is consistent with the Minnesota General Rules of Practice.
Minn. Gen. R. Prac. Dist. Ct. 119.01-.04. As such, the court will use it to guide its analysis.
31. The lodestar method “requires the court to determine the number of hours
Hunter, Keith, Marshall & Co., 417 N.W.2d 619, 628 (Minn. 1988) (quoting Hensley, 461 U.S.
at 433).
32. “In determining the reasonableness of the hours and the reasonableness of the
hourly rates, the court considers all relevant circumstances. Milner v. Farmers Insurance
Exchange, 748 N.W.2d 608, 621 (Minn. 2008) (quoting State v. Paulson, 290 Minn. 371, 373,
188 N.W.2d 424, 426 (1971).) Under the lodestar method, the following factors are used to
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determine the reasonableness of attorney fees: “the time and labor required; the nature and
difficulty of the responsibility assumed; the amount involved and the results obtained; the fees
customarily charged for similar legal services; the experience, reputation, and ability of counsel;
1
and the fee arrangement existing between counsel and the client. Milner v. Farmers Insurance
Exchange, 748 N.W.2d 608, 621 (Minn. 2008) (internal quotes omitted); see Faricy Law Firm,
P.A. v. API, Inc. Asbestos Settlement Trust, 912 N.W.2d 652, 258-59 (Minn. 2018) (citations
omitted) (after computing the hours times the reasonable hourly rate, the lodestar method utilizes
the other factors to measure the “relevant circumstances impacting fee reasonableness, which
33. The court is satisfied that the hourly rates charged by defendant s counsel are
reasonable and consistent with the rates charged by lawyers of comparable experience and skill
in the same market. Shepard v. City of St. Paul, 380 N.W.2d 140, 143-144 (Minn. Ct. App. 1985)
Ms. Cialkowski and Mr. Johnson are both shareholders and Mr. Fournie is a partner. The partner
and shareholder rates presented by defendant track the partner and shareholder rates reported in
Minnesota cases. The court accepts Ms. Cialkowski s declaration that the rates they charged here
were substantially discounted from their standard rate. Given the experience of the attorneys
generally and their experience handling complex asbestos product liability litigation specifically,
the court finds it reasonable for Ms. Cialkowski, Mr. Johnson, and Ms. Bernier to charge
$310.00, Ms. Corrigan to charge $195.00, and Mr. Fournie to charge $330.00 per hour.
connection with this litigation. (Id. at 4.) However, asbestos litigation is a complex area of law.
Asbestos cases are typically fast tracked due to the mortality of the plaintiff, involve complex
1
The last factor is not relevant to the instant matter.
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legal issues, and potential damages exposure in the millions. Thus, defendant s reliance on
shareholders and partners who have extensive legal experience to handle this case is reasonable.
35. Additionally, plaintiff objects to the number of attorneys and staff it had at trial
and the number of hours expended. (Id. at 5.) As to the number of attorneys and staff at the trial,
the court does not find this unreasonable. As indicated above, asbestos is a complex and high-
stake area of law. At various times, plaintiff had three attorneys involved in the trial and two at
all times. Defendant is in the best position to assess the labor necessary to represent its interests
most effectively. The court finds the number of attorneys and staff utilized by defendant to be
reasonable.
36. However, not all of the time and labor for which defendant seeks reimbursement
circumstances of the case. One circumstance was defendant s motion to continue the trial. Prior
to the commencement of the trial, defendant filed a motion for a continuance. The motion was
heard and denied the week before trial and renewed on the first day of trial, along with the
motions in limine. Had the continuance motion been successful, defendant would have been
responsible for the fees incurred up to that point. Moreover, not all of the pre-trial preparation
time was wasted, as the preparation reduced the amount of preparation time needed for the
second trial. Accordingly, the court subtracted from the fee award fees and costs for time and
37. Consistent with the court s reasoning above, the following costs and fees will not
be awarded either in part or in full: costs for setting up and tearing down the courtroom
technology; fees incurred by Mr. Fournie in preparing for and attending the December trial;
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travel expenses for Mr. Fournie to attend the December 2019 trial2; fees incurred for
coordinating juror research prior to December 9, 2019; and meal costs, hotel parking, lodging,
38. Additionally the court s fee award does not include fees incurred after the
December 2019 mistrial, with the exception of the filing fee associated with the motion for
sanctions. Thus, it is not reasonable for defendant to be reimbursed for fees and costs incurred in
connection with the instant sanctions motion3, the accompanying declaration, the re-designation
of testimony of James Hofstetter, or its response to plaintiff s duplicative motion to exclude Mr.
Carter s testimony. The court agrees with the plaintiff s stated grounds for objection.
39. In addition, the court finds that defendant gained a certain advantage from
witnessing three and a half days of plaintiff s case-in-chief and Jeffrey Henry s testimony. This
advantage warrants a reduction in any award of fees and costs. Defendant asserts that any benefit
it received from previewing plaintiff s case was offset by the benefit plaintiff received by seeing
defendant s voir dire, opening statement, and cross-examination of Jeffrey Henry. (Decl. of
Amanda M. Cialkowski in Supp. of Def. CRA Trailers, Inc. f/k/a Great Dane Trailers, Inc. s
Mot. for Award of Fees and Costs and Other Relief at 3.) Both parties derived some benefit from
the first trial. However, defendant gained a significant benefit from Jeffrey Henry s direct-
examination during the first trial and its opportunity to cross-examine. The scope of his
testimony was broader than in his discovery deposition, which eliminated the element of surprise
at the second trial. Moreover, defendant gained an additional advantage from Dr. Holstein s
2
Defendant failed to provide an explanation for the travel expenses incurred by Mr. Fournie outlined in paragraph
21. Defendant has the burden of establishing that the expense was necessary. The court cannot determine whether
this was an expense for airfare, hotel costs, or both. Therefore, the court finds these costs to be unreasonable.
3
As a proposition, the court has an issue awarding as a sanction, attorney s fees incurred in preparing a motion for
attorney s fees. Such a motion is not the same as a sanctions motion to strike evidence or for a non-monetary
outcome that requires incurring the expense of a motion. For example, the fees incurred by defense counsel in
moving for the mistrial are awarded herein.
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testimony because expert depositions were not allowed in this case. To balance this benefit, the
court reduced the award of attorney s fees for the time attributed to the testimony of Jeff Henry
40. Jeffrey Henry testified for approximately three and a half hours.4 Amanda
Cialkowski, Benjamin Johnson, and Jan Bernier all charged $310 per hour, as such, $889.70 of
fees associated with each for Mr. Henry s testimony on December 11, 2019, will not be awarded.
Paula Corrigan charges $195.00 an hour, as such $559.65 will not be awarded for her time at the
trial on December 11, 2019. Similarly, $947.10 worth of fees incurred by Mr. Fournie while Mr.
41. Dr. Holstein testified for approximately 40 minutes5, however the court will round
it to 45 minutes for calculation purposes. Amanda Cialkowski, Benjamin Johnson, and Jan
Bernier incurred roughly $232.50 in fees associated with Dr. Holstein s testimony, as such
$190.65 of fees associated with each will not be awarded. Paula Corrigan s fee associated with
Dr. Holstein s testimony was roughly $146.25, as such $119.93 will not be awarded.
Consistently, $202.95 worth of fees incurred by Mr. Fournie while Dr. Holstein was testifying
4
The direct examination of Mr. Henry on December 11, 2019, went from 9:49 am to 11:30 am. Cross examination
went from 11:40 am to noon and resumed at 1:43 pm and ended at 3 pm. This equates to three hours and twenty-
seven minutes.
5
Dr. Holstein testified on December 12, 2019 from 10:22 am to 11:02 am.
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2. Plaintiff s counsel shall pay a fee and cost sanction of $77,996.80, which is payable
to defendant s attorneys within seven business days from the date of this Order. The sanction is
amount of $4,303.00;
c. Attorney s fees incurred by Ray Fournie in preparing for and attending the
i. Filing fee for the sanctions motion in the amount of $97.66; and
3. The sanction awarded herein is payable by plaintiff s counsel and plaintiff shall
_________________________________
John H. Guthmann
Judge of District Court
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EXHIBIT D
E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
1. Application
The undersigned seeks permission to appear pro hac vice in the above-captioned proceeding.
Applicant rnust coinplete all of tl'ie following.'
If this matter involves review of an agency action, did the applicant seek admission pro hac vice in
the proceedings below? [] Yes [x No
Ifyes, attach copies of all related documents.
a. Applicant's full name, residential address, email address, and business address.
c. The courts before which the applicant has been admitted to practice and the
respective periods of admission and any jurisdiction in which the out-of-state lawyer
has been licensed to practice as a foreign legal consultant and the respective
period of licensure.
d. Has the applicant ever been denied admission pro hac vice in this state?
[] YeS [X NO
If yes, on a separatepage specijy tlie caption of the proceedings, ti'ie date of tlie denial, arid what findings were
made. Attach copies of al/ related docxmients.
e. Has the applicant ever had admission pro hac vice revoked in this state?
€ YeS ZNO
If yes, on a separatepage specify tjie caption of the proceedings, the date of tlie denial, and what findings were
inade. Attacji copies of all related docuinents.
f. Has the applicant ever been denied admission in any jurisdiction for reasons other
than failure of a bar examination? [] Yes [x No
Jf yes, on a separatepage specify tjie caption of the proceedings, the date of the denial, and what findings were
made. Attach copies of all related docuinents.
g. Has the applicant ever been formally disciplined or sanctioned by any court in this
state? [] Yes lx No
If yes, on a separatepage specify the nature of the allegations, the name of the authority bringingsuch
proceedings, the caption of the proceedings, the datefiled, what findings were made, and what action was
taken in connection with thoseproceedings. Attach copies of all related documents.
h. Has the applicant ever been the subject of any injunction, cease-and-desist letter,
or other action arising from a finding that the applicant engaged in the unauthorized
practice of law in this state or elsewhere? [1 Yes UXNo
If yes, on a separatepage specify the nature of the allegations, ti'ie narne of the authority bringing such
proceedings, the caption of the proceedings, the datefiled, 141jiat
findings were made, and wjiat action was
taken in connection with thoseproceedings. Attach copies of all related docurnents.
i. Has any formal, written disciplinary proceeding ever been brought against the
applicant by a disciplinary authority or unauthorized practice of law commission in
any other jurisdiction within the last five years? [1 Yes Ix No
If yes, on a separatepage specify as to each such proceeding.' the nature of the allegations, the name of the
person or authority bringing such proceedings, the date the proceedings were initiated andfinally conchtded,
the style of the proceedings, and tlie findings made and actions taken in connection with thoseproceedings.
Attach copies of all related docurnents.
j. Has the applicant ever been placed on probation by a disciplinary authority in any
otherjurisdiction? []Yes [xNo
If yes, on a separatepage specify thejurisdiction, caption of the proceedings, the terms of the probation, and
what findings were inade. Attach copies of all related docurnents.
k. Has the applicant ever been held formally in contempt or otherwise sanctioned by
any court in a written order in the last five years for disobedience to the court's rules
or orders? [1 Yes [x No
/7"yes,on a separatepage specify the nature of the allegations, the naine of the court before which such
proceedings were conducted, the date of the contempt order or sanction, the caption of the proceedings, and
the substance of the court's rulings. Attach to this application a copy of the written order or a transcript of tjie
oral ruling and other related docurnents.
I. Has the applicant filed an application to appear pro hac vice in this state within the
preceding two years? [x Yes [l No
If yes, on a separatepage list the name and address of eacl'i court or agency and afidl identification of each
proceeding in wliich an application wasfiled, including the date and outcoine of the application. Attach
copies of all related documents.
m. The applicant acknowledges familiarity with the rules of professional conduct, the
disciplinary procedures of this state, the standards for professional conduct, the
applicable local rules, and the procedures of the court before which the applicant
seeks to practice. 5 Yes [1 No
n. List the name, address, telephone number, email address, and personal
identification number of an in-state lawyer in good standing of the bar of this state
who will sponsor the applicant's pro hac vice request.
DavidK.Stamp dstamp@ballkirkholm.com
Lctwyer'sriame PIN Enyailaddress
Ball Kirk & Holm PC, 3324 Kimball Ave. Waterloo IA 50704
Lawyer'saddress City State ZIPcode
o. The applicant acknowledges that service upon the in-state attorney in all matters
connected with the proceedings will have the same effect as if personally made
upon the applicant. [x Yes J No
p. If the applicant has appeared pro hac vice in this state in five proceedings within the
preceding two years, the applicant must, on a separate attached page, provide a
statement showing good cause why the applicant should be admitted in the present
proceeding.
q. On a separate attached page the applicant must provide any other information the
applicant deems necessary to support the application for admission pro hac vice.
r. Has the applicant registered with the office of professional regulation and paid the
fee as required by lowa Court Rule 31. 1 4(1 1 ) within five years of the date of this
application? JxYes JNo
penalty of perjury and pursuant to the laws of of lowa that the preceding
true and correct.
March 8 , 2021
Signed on.' Month Day Year Your signature *
" fffiling in paper, you must handwriteyour signature 01? thisforrn. Iffilirig electror'iically,you may liandwrite your signature
01? the form, scan the form, and then file it electronically, or, yoxi may affix a digiti:ed signature and file tlie form
electronically.
Certificate of Seivice
The undersigned certifies a copy of this application was served on the following parties:
This would be sent to all counsel of record if refiled and has been attached as Ex. D to the VERIFIED RESPONSE TO
DEFENDANTS FORD MOTOR COMPANY AND HONEYWELL INTERNATIONAL INC 'S MOTION TO REQUIRE PLAINTIFFS'
COUNSEL JESSICA DEAN TO RESBUMIT HER APPLICATION FOR ADMISSION PRO HAC VICE WITH FULL AND ACCURATE
INFORMATION
Signahuaeof server
Section c - Attachment
Section l. - Continued
Defendants.
The Court has before it the Motion for Admission Pro Hac Vice filed by Charles W.
Branham, III, an attorney licensed and a member in good standing in the State of Texas. Pursuant
to Iowa Code Section 602.10111 and Iowa Court Rule 31.14, the Motion for Admission Pro Hac
Vice should be granted.
IT IS THE ORDER OF THE COURT that the Motion for Admission Pro Hac Vice
of Charles W. Branham, III is GRANTED and said attorney may appear in and conduct
matters before the Court in the above-captioned action. The appearance of Charles W. Branham,
III in this action shall subject him to knowledge of and compliance with all State and Local
Rules of Court, as well as the contempt and sanction powers of this Court.
IT IS SO ORDERED this day of , 2019.
E-FILED
E-FILED
2021 MAR
201909
JUN
10:43
26 3:17
AM POTTAWATTAMIE
PM SCOTT - CLERK
- CLERK
OF DISTRICT
OF DISTRICT
COURT COURT
So Ordered
EXHIBIT E
E-FILED 2021 MAR 09 10:43 AM POTTAWATTAMIE - CLERK OF DISTRICT COURT
Defendant(s)
Full name: first, middle, last
1. Application
The undersigned seeks permission to appear pro hac vice in the above-captioned proceeding.
Applicant must complete all of the following:
If this matter involves review of an agency action, did the applicant seek admission pro hac vice in
the proceedings below? Yes No
If yes, attach copies of all related documents.
a. Applicant's full name, residential address, email address, and business address.
Ethan A. Horn ehorn@dobslegal.com
Full name: first, middle, last Email address
5 Lone Oak Circle Ladera Ranch CA 92694
Mailing address City State ZIP code
302 N. Market Street, Suite 300 Dallas Tx 75202
Business address City State ZIP code
c. The courts before which the applicant has been admitted to practice and the
respective periods of admission and any jurisdiction in which the out-of-state lawyer
has been licensed to practice as a foreign legal consultant and the respective
period of licensure.
[Please see attachment.]
d. Has the applicant ever been denied admission pro hac vice in this state?
Yes No
Rule 31.25—Form 1: Application for Admission Pro Hac Vice--District Court, continued
If yes, on a separate page specify the caption of the proceedings, the date of the denial, and what findings were
made. Attach copies of all related documents.
e. Has the applicant ever had admission pro hac vice revoked in this state?
Yes No
If yes, on a separate page specify the caption of the proceedings, the date of the denial, and what findings were
made. Attach copies of all related documents.
f. Has the applicant ever been denied admission in any jurisdiction for reasons other
than failure of a bar examination? Yes No
If yes, on a separate page specify the caption of the proceedings, the date of the denial, and what findings were
made. Attach copies of all related documents.
g. Has the applicant ever been formally disciplined or sanctioned by any court in this
state? Yes No
If yes, on a separate page specify the nature of the allegations, the name of the authority bringing such
proceedings, the caption of the proceedings, the date filed, what findings were made, and what action was
taken in connection with those proceedings. Attach copies of all related documents.
h. Has the applicant ever been the subject of any injunction, cease-and-desist letter,
or other action arising from a finding that the applicant engaged in the unauthorized
practice of law in this state or elsewhere? Yes No
If yes, on a separate page specify the nature of the allegations, the name of the authority bringing such
proceedings, the caption of the proceedings, the date filed, what findings were made, and what action was
taken in connection with those proceedings. Attach copies of all related documents.
i. Has any formal, written disciplinary proceeding ever been brought against the
applicant by a disciplinary authority or unauthorized practice of law commission in
any other jurisdiction within the last five years? Yes No
If yes, on a separate page specify as to each such proceeding: the nature of the allegations, the name of the
person or authority bringing such proceedings, the date the proceedings were initiated and finally concluded,
the style of the proceedings, and the findings made and actions taken in connection with those proceedings.
Attach copies of all related documents.
j. Has the applicant ever been placed on probation by a disciplinary authority in any
other jurisdiction? Yes No
If yes, on a separate page specify the jurisdiction, caption of the proceedings, the terms of the probation, and
what findings were made. Attach copies of all related documents.
k. Has the applicant ever been held formally in contempt or otherwise sanctioned by
any court in a written order in the last five years for disobedience to the court’s rules
or orders? Yes No
If yes, on a separate page specify the nature of the allegations, the name of the court before which such
proceedings were conducted, the date of the contempt order or sanction, the caption of the proceedings, and
the substance of the court's rulings. Attach to this application a copy of the written order or a transcript of the
oral ruling and other related documents.
l. Has the applicant filed an application to appear pro hac vice in this state within the
preceding two years? Yes No
Rule 31.25—Form 1: Application for Admission Pro Hac Vice--District Court, continued
If yes, on a separate page list the name and address of each court or agency and a full identification of each
proceeding in which an application was filed, including the date and outcome of the application. Attach
copies of all related documents.
m. The applicant acknowledges familiarity with the rules of professional conduct, the
disciplinary procedures of this state, the standards for professional conduct, the
applicable local rules, and the procedures of the court before which the applicant
seeks to practice. Yes No
n. List the name, address, telephone number, email address, and personal
identification number of an in-state lawyer in good standing of the bar of this state
who will sponsor the applicant's pro hac vice request.
David W. Stamp dstamp@ballkirkholm.com
Lawyer’s name PIN Email address
Ball Kirk & Holm PC, 3324 Kimball Ave. Waterloo IA 50704
Lawyer’s address City State ZIP code
o. The applicant acknowledges that service upon the in-state attorney in all matters
connected with the proceedings will have the same effect as if personally made
upon the applicant. Yes No
p. If the applicant has appeared pro hac vice in this state in five proceedings within the
preceding two years, the applicant must, on a separate attached page, provide a
statement showing good cause why the applicant should be admitted in the present
proceeding.
q. On a separate attached page the applicant must provide any other information the
applicant deems necessary to support the application for admission pro hac vice.
r. Has the applicant registered with the office of professional regulation and paid the
fee as required by Iowa Court Rule 31.14(11) within five years of the date of this
application? Yes No
Rule 31.25—Form 1: Application for Admission Pro Hac Vice--District Court, continued
* If filing in paper, you must handwrite your signature on this form. If filing electronically, you may handwrite your signature
on the form, scan the form, and then file it electronically, or, you may affix a digitized signature and file the form
electronically.
Certificate of Service
The undersigned certifies a copy of this application was served on the following parties:
This would be sent to all counsel of record if refiled and has been attached as Ex. C to the VERIFIED RESPONSE TO
DEFENDANTS FORD MOTOR COMPANY AND HONEYWELL INTERNATIONAL INC.’S MOTION TO REQUIRE
PLAINTIFFS’ COUNSEL JESSICA DEAN TO RESBUMIT HER APPLICATION FOR ADMISSION PRO HAC VICE WITH
FULL AND ACCURATE INFORMATION
Signature of server
Section c - Courts
Section l. Continued
Defendants.
The Court has before it the Motion for Admission Pro Hac Vice filed by Ethan A. Horn,
an attorney licensed and a member in good standing in the State of California. Pursuant to Iowa
Code Section 602.10111 and Iowa Court Rule 31.14, the Motion for Admission Pro Hac Vice
should be granted.
IT IS THE ORDER OF THE COURT that the Motion for Admission Pro Hac Vice
of Ethan A. Horn is GRANTED and said attorney may appear in and conduct matters before the
Court in the above-captioned action. The appearance of Ethan A. Horn in this action shall subject
him to knowledge of and compliance with all State and Local Rules of Court, as well as the
contempt and sanction powers of this Court.
IT IS SO ORDERED this day of , 2019.
E-FILED
E-FILED
2021 MAR
201909
JUN
10:43
26 3:17
AM POTTAWATTAMIE
PM SCOTT - CLERK
- CLERK
OF DISTRICT
OF DISTRICT
COURT COURT
So Ordered