ERRATA TO 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 (CHRISTOPHER J. NEUMANN)
JAMES C. MAHAN, District Judge.
Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc. (collectively "Defendants" or "Bard") respectfully request this Court to accept this Errata to the 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 submitted by Christopher J. Neumann, of the law firm Greenberg Traurig LLP and located in Denver, Colorado, as counsel for Defendants.
Mr. Neumann filed his petition to practice pro hac vice ("Petition") on November 20, 2019. [Dkt. 10.] The Court granted the Petition on November 22, 2019. [Dkt. 11.] Defendants respectfully request this Court to replace the Petition originally filed with the Court with the corrected pro hac vice petition attached to this Errata as Attachment 1. The revisions to the Petition include Exhibits B and C to Attachment 1.
This motion is necessary to comply with Local Rule 1A 11-2.
DATED this 27th day of February 2020.
GREENBERG TRAURIG, LLP
By: /s/ Eric W. Swanis
ERIC W. SWANIS, ESQ.
Nevada Bar No. 6840
10845 Griffith Peak Drive, Suite 600
Las Vegas, Nevada 89135
CHRISTOPHER J. NEUMANN, ESQ.
Admitted Pro Hac Vice
GREENBERG TRAURIG, LLP
1144 15th Street, Suite 3300
Denver, Colorado 80202
Telephone: (303) 572-6500
Counsel for Defendants
ATTACHMENT 1
UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Case #2:19-cv-01881-JCM-VCF
DANIELLE E. WOMACK,
VERIFIED PETITION FOR
Plaintiff(s), PERMISSION TO PRACTICE
IN THIS CASE ONLY BY
vs. ATTORNEY NOT ADMITTED
C. R. BARD, INCORPORATED and TO THE BAR OF THIS COURT
BARD PERIPHERAL VASCULAR, AND DESIGNATION OF
INCORPORATED, LOCAL COUNSEL
Defendant(s).
FILING FEE IS $250.00
Christopher J. Neumann Petitioner, respectfully represents to the Court:
(name of petitioner)
1. That Petitioner is an attorney at law and a member of the law firm of
Greenberg Traurig, LLP
(firm name)
with offices at 1144 15th Street, Suite 3300
(street address)
Denver, Colorado, 80202,
(city) (state) (zip code)
303-572-6500 neumannc@gtlaw.com
(area code + telephone number) (Email address)
2. That Petitioner has been retained personally or as a member of the law firm by
C. R. Bard, Inc., Bard Peripheral Vascular, Inc. to provide legal representation in connection with
[client(s)]
the above-entitled case now pending before this Court.
3. That since October 30, 1998, Petitioner has been and presently is a
(date)
member in good standing of the bar of the highest Court of the State of Colorado
(state)
where Petitioner regularly practices law. Petitioner shall attach a certificate from the state bar or
from the clerk of the supreme court or highest admitting court of each state, territory, or insular
possession of the United States in which the applicant has been admitted to practice law certifying
the applicant's membership therein is in good standing.
4. That Petitioner was admitted to practice before the following United States District Courts, United States Circuit Courts of Appeal, the Supreme Court of the United States and Courts of other States on the dates indicated for each, and that Petitioner is presently a member in good standing of the bars of said Courts.
Court Date Admitted Bar Number
U.S. District Court for the District of Colorado December 15, 1998 785900
U.S. District Court, District of Columbia June 4, 2007 C00044
U.S. Court of Appeals, Tenth Circuit May 6, 1999 ________
U.S. Court of Appeals, Ninth Circuit September 15, 2016 ________
U.S. Court of Appeals, Eighth Circuit May 2002 ________
U.S. Court of Appeals, District of Columbia May 2010 ________
State of Colorado October 30, 1998 29831
5. 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 or administrative body, or any resignation or termination in order to avoid disciplinary or disbarment proceedings, except as described in detail below:
[Nune]
6. That Petitioner has never been denied admission to the State Bar of Nevada. (Give particulars if ever denied admission):
[No]
7. That Petitioner is a member of good standing in the following Bar Associations.
[American Bar Association Colorado Bar Association]
8. Petitioner has filed application(s) to appear as counsel under Local Rule IA 11-2 (formerly LR IA 10-2) during the past three (3) years in the following matters: (State "none" if no applications.)
Date of Application Cause Title of Court Was Application
Administrative Body Granted or
or Arbitrator Denied
_______________________________________________________________________________________
XXX
See Exhibit B and Exhibit C attached hereto.
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
(If necessary, please attach a statement of additional applications)
9. Petitioner consents to the jurisdiction of the courts and disciplinary boards of the State of Nevada with respect to the law of this state governing the conduct of attorneys to the same extent as a member of the State Bar of Nevada.
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.
That Petitioner respectfully prays that Petitioner be admitted to practice before this Court FOR THE PURPOSES OF THIS CASE ONLY.
Petitioner's signature
STATE OF Colorado
COUNTY OF Denver
Christopher J. Neumann, Petitioner, being first duly sworn, deposes and says:
That the foregoing statements are true.
Petitioner's signature
Subscribed and sworn to before me this
14th day of November, 2019.
Notary Public or Clerk of Court
DESIGNATION OF RESIDENT ATTORNEY ADMITTED TO THE BAR OF THIS COURT AND CONSENT THERETO.
Pursuant to the requirements of the Local Rules of Practice for this Court, the Petitioner
believes it to be in the best interests of the client(s) to designate Eric W. Swanis,
(name of local counsel)
Attorney at Law, member of the State of Nevada and previously admitted to practice before the
above-entitled Court as associate resident counsel in this action. The address and email address of
said designated Nevada counsel is:
Greenberg Traurig, LLP, 10845 Griffith Peak Drive, Suite 600
(street address)
Las Vegas, Nevada, 89135,
(city) (state) (zip code)
702-792-3773, swanise@gtlaw.com,
(area code + telephone number) (Email address)
By this designation the petitioner and undersigned party(ies) agree that this designation constitutes agreement and authorization for the designated resident admitted counsel to sign stipulations binding on all of us.
APPOINTMENT OF DESIGNATED RESIDENT NEVADA COUNSEL
The undersigned party(ies) appoint(s) Eric W. Swanis as
(name of local counsel)
his/her/their Designated Resident Nevada Counsel in this case.
/s/ Greg A. Dadika
(party's signature)
Greg A. Dadika, Associate General Counsel, Litigation
(type or print party name, title)
_______________________________________________________
(party's signature)
_______________________________________________________
(type or print party name, title)
CONSENT OF DESIGNEE
The undersigned hereby consents to serve as Associate Resident Nevada counsel in this case.
_______________________________________________________
Designated Resident Nevada Counsel's signature
6840 swanise@gtlaw.com
Bar number Email address
APPROVED:
Dated: February 28, 2020.
UNITED STATES DISTRICT JUDGE
EXHIBIT A
EXHIBIT B
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA Christopher J. Neumann's Previously and Concurrently Filed Petitions for Permission to Practice in This Case Only by Attorney Not Admitted to the Bar of This Court
CASE NAME/STATUS CASE # DATE FILED/GRANTED [DKT. NO.]
Cardona v. C. R. Bard, Inc., et al./Dismissed 2:19-cv-01573-KJD-BNW Filed 10/4/19 [12]; Granted 10/7/19 [13]
Freeman v. C. R. Bard, Inc., et al. 2:19-cv-01572-RFB-BNW Filed 10/4/19 [12]; Granted 10/9/19 [13]
Hrnciar v. C. R. Bard, Inc., et al. 2:19-cv-01872-RFB-BNW Filed 11/20/19 [11]; Granted 11/21/19 [12]
Johnston v. C. R. Bard, Inc., et al. 3:20-cv-00069-MMD-BNW Filed 11/20/19 [16]; Granted 11/21/19 [17]
Orgill v. C. R. Bard, Inc., et al. 2:19-cv-01882-RFB-BNW Filed 11/20/19 [12]; Granted 11/21/19 [13]
Scholer v. C. R. Bard, Inc., et al./Dismissed 2:19-cv-01568-KJD-BNW Filed 10/4/19 [15]; Granted 10/16/19 [16]
Sekuler v. C. R. Bard, Inc., et al. 2:19-cv-01568-KJD-BNW Filed 10/4/19 [13]; Granted 10/22/19 [16]
Spilotro/Duenas v. C. R. Bard, Inc. 2:19-cv-01586-KJD-BNW Filed 10/3/19 [11]; Granted 10/7/19 [14]
Tilden v. C. R. Bard, Inc., et al./Stipulated Dismissal to be Filed 2:19-cv-01571-JAD-DJA Filed 10/4/19 [19]; Granted 10/7/19 [20]
Vanbiber v. C. R. Bard, Inc., et al. 2:19-cv-01884-KJD-BNW Filed 11/20/19 [10]; Granted 11/22/19 [11]
Womack v. C.R. Bard, Inc., et al. 2:19-cv-01881-JCM-BNW Filed: 11/20/19 [10]; Granted 1/22/19 [11]
Woods v. C. R. Bard, Inc., et al. 2:19-cv-01583-RFB-BNW Filed 10/4/19 [13]; Granted 10/9/19 [14]
EXHIBIT C
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA
DANIELLE E. WOMACK,
CASE NO. 2:19-CV-01881-JCM-BNW
Plaintiff,
v. AFFIDAVIT IN SUPPORT OF
VERIFIED PETITION FOR
C. R. BARD, INCORPORATED and BARD PERMISSION TO PRACTICE IN THIS
PERIPHERAL VASCULAR, CASE ONLY BY ATTORNEY NOT
INCORPORATED, ADMITTED TO THE BAR OF THIS
COURT AND DESIGNATION OF
Defendants. LOCAL COUNSEL
STATE OF COLORADO
SS:
COUNTY OF DENVER
I, CHRISTOPHER J. NEUMANN, being first duly sworn upon my oath, depose and state as follows:
1. I file this Affidavit pursuant to Local Rule IA 11-2(h)(2). I am a shareholder with the law firm of Greenberg Traurig, LLP ("GT"). GT was retained by Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc. (collectively "Defendants" or "Bard") to provide them legal representation for the many cases remanded to this District, and hundreds of others remanded in other states, from the Multi-District Litigation proceeding styled In re: Bard IVC Filter Litigation, No. 2:15-MD-02641-DGC, pending before Senior Judge David Campbell of the District of Arizona (the "MDL").
To date, there have been two rounds of remands from the District of Arizona MDL to the District of Nevada. In the first round of remands on August 20, 2019, fourteen (14) cases were remanded to this District. In the second round of remands on October 17, 2019, ten (10) cases were remanded to this District. The above-captioned case was part of the second round of remands to this District. See Suggestion of Remand and Transfer Order (Second) (Dkt. 3.) More remands are expected in the future.
2. I am a member in good standing of the State Bar of Colorado, where I regularly practice law. I am also admitted to practice before the United States District Courts for the District of Colorado and the District of Columbia, and several U.S. Circuit Courts of Appeal. See Verified Petition, No. 4.
3. I am co-lead in this action and several of the other MDL remands to this Court with Eric W. Swanis, who is a member of the State Bar of Nevada and a GT shareholder who resides and practices law in Nevada. See Verified Petition (Attachment 1).
4. Due to the number and timing of these remands, I inadvertently neglected to identify in No. 8 of my Verified Petition the other MDL remand cases in which I had previously or simultaneously filed applications to practice pro hac vice before this Court. I have now corrected the Verified Petition to identify all actions in which I have filed applications to appear as counsel under Local Rule IA 11-2(b)(7) during the past three years. See Exhibit B to Verified Petition.
5. My firm has extensive experience in medical device products liability actions and represents Bard in remands of IVC filter litigation across the country. I also have had extensive interactions with client representatives concerning the facts underlying this matter and am familiar with the facts and client-specific legal strategies pertinent to this litigation.
6. The granting of my Verified Petition serves the ends of justice by ensuring that the interests of Bard are thoroughly represented by the persons most knowledgeable about the litigation.
7. I therefore submit this Affidavit to establish special circumstances and good cause to permit Bard to be defended in this matter by its counsel of choice. In my judgment, Bard would be deprived of these benefits if I were unable to represent it in this litigation.
8. For all foregoing reasons, there are special circumstances and good cause that warrant the granting of my Verified Petition.
FURTHER YOUR AFFIANT SAYETH NAUGHT.
DATED this: 26th day of February, 2020.
CHRISTOPHER J. NEUMANN, ESQ.
SUBSCRIBED AND SWORN to before me this
26th day of February, 2020.
Notary Public or Clerk of Court
