FILED: NEW YORK COUNTY CLERK 05/21/ :55 PM INDEX NO /2017 NYSCEF DOC. NO. 307 RECEIVED NYSCEF: 05/21/2018

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MARK SMITH and SANDRA SMITH : Index No /2017 : v. : ASHLAND, INC., et al., : NOTICE OF MOTION FOR ADMISSION PRO HAC VICE OF CHRISTOPHER D. HILLSLEY, ESQUIRE PLEASE TAKE NOTICE, that upon the annexed Affirmation Lauren B. Plevinsky, Esquire, duly affirmed the 213t day May 2018, together with the Affidavit Christopher D. Hillsley, Esquire, sworn to 21st day May 2018, the undersigned will move this Court in Room 130 at the New York County Courthouse located at 60 Centre Street, New York, New York, before the Honorable Arlene P. Bluth, J.S.C., on Friday, June 1, 2018 at 9:30 a.m., or as soon thereafter as counsel can be heard, for an Order, pursuant to 22 N.Y.C.R.R and 22 N.Y.C.R.R , permitting Christopher D. Hillsley, Esquire, Billet Hillsley LLC, to appear pro hac vice on behalf defendant El Paso Merchant Energy-Petroleum Company, along with any other and further relief that this Court may deem proper. Attorneys for defendant El Paso Merchant Energy-Petroleum Company Billet Hillsley LLC 2000 Market Street, Suite 2803 Philadelphia, PA /fax 7505 lplevinsky@billetlaw.com By: jl'+' LAUREN B. PLEVINSKY, ESQUIRE Date: May 21,

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MARK SMITH and : SANDRA SMITH : Index No /2017 : v. : ASHLAND, INC., et al., : AFFIRMATION OF LAUREN B. PLEVINSKY, ESQUIRE, IN SUPPORT OF CHRISTOPHER D. HILLSLEY'S PRO HAC VICE APPLICATION I, Lauren B. Plevinsky, Esquire, an attorney duly admitted to practice law in the courts the State New York, affirms the following under penalty perjury: 1. I am an associate at the firm Billet Hillsley LLC, attorneys for defendant El Paso Merchant Energy-Petroleum Company in this matter. As such, I am familiar with the facts and circumstances and all pleadings and proceedings in this action. 2. I make this Affirmation pursuant to 22 N.Y.C.R.R and 22 N.Y.C.R.R in support the application to admit pro hac vice Christopher D. Hillsley, Esquire, a partner with the firm Billet Hillsley LLC, in Philadelphia, Pennsylvania for the purpose representing defendant El Paso Merchant Energy-Petroleum Company in this case. 3. I am a member good standing the bar the State New York, and was admitted to practice law in New York by the Supreme Court the State New York, Appellate Division, Third Department. 4. I know Christopher D. Hillsley, and can attest to extensive experience in the defense products liability claims. Mr. Hillsley graduated from Widener Law School in 2001, and is admitted to practice law in the State New Jersey and the Commonwealth Pennsylvania. He is a member in good standing the New Jersey Bar and the Pennsylvania and never suspended law in jurisdiction. Annexed hereto as Bar, has been from practicing any 2 9

3 Exhibit "A" is the affidavit Mr. Hillsley, sworn to on May 18, 2018, along with Mr. Hillsley's Certificates Good Standing from the State Bar New Jersey and the State Bar Pennsylvania. 5. Mr. Hillsley has represented defendants in benzene litigation for the past fifteen years. He is fully versed in the facts this case, and has unique knowledge the medicine, science, including genetic testing, and other issues in this case, such that his involvement is both necessary and beneficial to the orderly and efficient conduct this litigation. 6. The admission Mr. Hillsley pro hac vice will not cause any delay in the litigation this matter. 7. I respectfully move for the admission Mr. Hillsley to practice before this Court pro hac vice on behalf defendant El Paso Merchant Energy-Petroleum Company. I recommend such admission without reservation. 8. No prior request for this relief has been made. WHEREFORE, it is respectfully requested that the Motion to Admit Christopher D. Hillsley, Esquire, Pro Hac Vice to represent defendant Merchant Energy Petroleum Company in this matter be granted. Respectfully submitted, Attorneys for defendant El Paso Merchant Energy-Petroleum Billet Hillsley LLC Company 2000 Market Street, Suite 2803 Philadelphia, PA /fax 7505 lplevinsky@billetlaw.com /j/' Py. By: Date: May 21, 2018 LAUREN B. PLEVINSKY, ESQUIRE 2 3 9

4 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MARK SMITH and SANDRA SMITH : Index No /2017 v. ASHLAND, INC., et al., STATE OF PENNSYLVANIA :SS COUNTY OF PHILADELPHIA AFFIDAVIT OF CHRISTOPHER D. HILLSLEY, ESQUIRE I, Christopher D. Hillsley, Esquire, being duly sworn according to the law, hereby depose and state: 1. I am a member at the law firm Billet Hillsley LLC, located at 2000 Market Street, Suite 2803, Philadelphia, Pennsylvania 19103, which represents defendant El Paso Merchant Energy-Petroleum Company in this case. 2. I respectfully submit this Affidavit in support my application for admission pro vice, for the purpose representing defendant El Paso Merchant Energy-Petroleum Company in this case. 3. I graduated from Widener Law School in I am admitted to practice law in the State New Jersey and the Commonwealth Pennsylvania. 4. I am a member good standing the New Jersey and Pennsylvania Bar, and I have never been suspended from practicing law in any jurisdiction. 4 9

5 5. Attached to this Affidavit are my Certificates Good Standing from the State New Jersey and the Commonwealth Pennsylvania. 6. There is good cause for my admission pro hac vice in that I have a special interest in the fields products liability. I am familiar with the facts this case, and there is an existing attorney-client relationship with defendant El Paso Merchant Energy-Petroleum Company. 7. I have reviewed and have become fully familiar with the standards pressional conduct imposed upon the members the New York Bar. I have also received and become fully familiar with the relevant statutes, rules, and procedures, including Rules this Court, and I will abide by them. 8. Wherefore, I respectfully request that be permitted to represent defendant El / Paso Merchant Energy-Petroleum Company in this case. / I I! I i / CIA ISTOPHERJS.. SLE ESQUIRE Sworn to and Subscribed before me this 1 day Ù, 2018 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL TARA A. GENTZLER, Notary Public Notary Pubhc.City Oty Philadelphia, Phila. County My Commission F x12ffummission Expires April17,

6 Supreme Court fteto Jerger gyf;f. <>>,e,v't. CG~(g~ <-oui<, '/'.o%,, i p ~i>(,,re,.jk y+~ Certificate cob Stanbing CHRISTOPHER 0 HILLSLEY (No. )was constituted andappointed an at Attorney Law New SBTS on December 11, 2001 ad as such, has been admittedto practice before the Supreme Court andallother courts this State as an Attorney at Law, according to its laws, rules, andcustoms. I further that as this certify date, the above-named is an at Attorney lan in "GoodStanding" Standing" GoodStanding. For the purpose this Certificate, an is in "good attorney Standing if the Court's records reflect that the attorney: 1)is current with allassessments imposedas a part the the Registration filing annualattorney Statement, including, but not Lawyers' limitedto, allobligations to the New FundforClient Jersey Protection; 2)is not suspendedor disbarredfrom the practice State; and4) has not been transferredto 12. law; 3) has not resqnedfrom the <Bar Inactive status Disability pursuant to Rµ[e this 1:20- Please note that this Certificate does not constitute confirmation an attorney's satisfaction the administrative requirements Rule 1:21-1(a)for elgibility to practice law in this State. In testimony where I have hereunto set my handand affixed the Seal the Supreme Court, at Trenton, this 11TH~"yf da 11TH May ' Cler the Supreme Court 6 9

7 frupreme Court ennøpibania CERTIFICATE OF GOOD STANDING Christopher D. Hillsley, Esq. DATE OF ADMISSION December 6, 2001 The above named attorney was duly admitted to the bar the Commonwealth Pennsylvania, and is now a qualified member in good standing. Witness my hand and ficial seal Dated: April 24, 2018 Patricia A. Nicola Chief Clerk 7 9

8 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MARK SMITH and : SANDRA SMITH : Index No /2017 : v. : : ASHLAND, INC., et al., : [PROPOSED] ORDER GRANTING ADMISSION PRO HAC VICE TO CHRISTOPHER D. HILLSLEY, ESQUIRE Christopher D. Hillsley, Esquire, having applied to this Court for admission pro hac vice to represent defendant El Paso Merchant Energy-Petroleum Company in this case, and said applicant having submitted in support there: the Affirmation Lauren B. Plevinsky, Esquire, a member in good standing the Bar the State New York and an attorney record herein for defendant El Paso Merchant Energy-Petroleum Company; the sworn Affidavit Christopher D. Hillsley, Esquire, sworn to on May 18, 2018; and Christopher D. Hillsley's Certificates Good Standing from the State New Jersey and the Commonwealth Pennsylvania, the jurisdictions in which he is admitted to practice law; and the Court having reviewed the foregoing submissions, and due deliberation having been had, it is now ORDERED and DECREED that: 1. The Motion to Admit Christopher D. Hillsley Pro Hac Vice is granted, and Christopher D. Hillsley is permitted to appear and to participate in this case on behalf defendant El Paso Merchant Energy-Petroleum Company; 2. At all times, Christopher D. Hillsley shall be associated herein with counsel who is a member in good standing the Bar the State New York and is attorney record for the party in question, and all pleadings, briefs, and other papers filed with the Court shall be 8 9

9 signed by the attorneys record, who shall be held responsible for such papers and for the conduct this case; 3. Pursuant to 22 N.Y.C.R.R and 22 N.Y.C.R.R , the attorney admitted pro hac vice shall abide by the standards pressional conduct imposed upon members the New York Bar, including the Rules Courts governing the conduct attorneys and the Rules Pressional Responsibility; 4. Christopher D. Hillsley shall be subject to the jurisdiction the courts the State New York with respect to any acts occurring during the course his participation in this case; and 5. Christopher D. Hillsley shall notify this Court immediately any matter or event in this or any other jurisdiction that affects his standing as a member the Bar. Hon. Arlene P. Bluth, J.S.C. Date: 2 9 9