IN THE SUPREME COURT OF THE STATE OF OHIO

Transcription

1 r^ ^f; r ^ ^^!^ IN THE SUPREME COURT OF THE STATE OF OHIO Robert McCulloch, III, et al., On Appeal from the Columbiana Appellants, County Court of Appeals, Seventh Appellate District V. Janney Montgomery Scott LLC, Appellee. Court of Appeals Case No. 13 CO 40 MOTION FOR PERMISION TO APPEAR PRO HAC VICE Michael J. McGee Harrington, Hoppe & Mitchell, Ltd. 108 Main Avenue, Suite 500 Warren, Ohio (330) Anthony Paduano, Pro Hac Vice Pending Paduano & Weintraub LLP 1251 Avenue of the Americas, Ninth Floor New York, New York (212) COUNSEL FOR APPELLANTS ROBERT S. McCULLOCH III and HUNTER ASSOCIATES, INC. Joseph Simms Ulmer & Berne LLP 1660 West 2nd Street, Suite 1100 Cleveland, Ohio (216) Jerry Santangelo Brody Weichbrodt Neal, Gerber & Eisenberg, LLP Two North LaSalle Street, Suite 1700 Chicago, Illinois (312) COUNSEL FOR APPELLEE JANNEY MONTGOMERY SCOTT LLC < :;% '.,

2 IN THE SUPREME COURT OF THE STATE OF OHIO Robert McCulloch, III, et al., Appellants, V. Janney Montgomery Scott LLC, Appellee. On Appeal from the Columbiana County Court of Appeals, Seventh Appellate District Court of Appeals Case No. 13 CO 40 MOTION FOR PERMISION TO APPEAR PRO HAC VICE Pursuant to Gov.Bar R. XII(2)(A)(6), Anthony Paduano ("Movant"), attorney for Robert S. McCulloch III and Hunter Associates inc. in the captioned action, hereby moves this Court to grant him permission to appear pao hac vice and participate as counsel or co-counsel in this case for Robert S. McCulloch III and Hunter Associates inc. Movant represents that the following is a list of the jurisdictions in which he has ever been licensed to practice law, including dates of admission to practice, resignation, or retirement, and any attorney registration numbers:. «New York, First Dept., 07/25/1984; Registration Number State Bar of New Jersey, 12/20/1984; License Number U.S.D.C., District of New Jersey, 12/20/1984 U.S. Court of Appeals for the Third Circuit, 05/1985 The United States Supreme Court, 08/21/1987 U.S.D.C., Southern District of New York, 04/19/1988 U.S. Court of Appeals for the Second Circuit, 06/03/1991 U.S.D.C., Eastern District of New York, 09/17/1991 U.S.D.C., Eastern District of Michigan, 12/11/1997 U.S.D.C., Northern District of New York, 09/25/1998 U.S.D.C., Eastern District of Wisconsin, 02/24/2003 U.S. Court of Appeals for the Fifth Circuit, 07/14/2004 U.S.D.C., Western District of New York, 06/22/2006

3 U.S.D.C., Central District of Illinois,11/30J2007 U.S. Court of Appeals for the Fourth Circuit, 10/26/2012 Movant represents that he has not been granted permission to appear pro hac vice in more than three proceedings before Ohio tribunals in the current calendar year pursuant to Gov.Bar R. XII(2)(A)(5). Michael J. McGee (Ohio Supreme Court ID Number ), an active Ohio attorney in good standing, has agreed to associate with Movant on this case. The affidavit required by Gov.Bar R. XII(2)(A)(6), a copy of Movant's certificate of.ro hac vice registration fut nished by the Supreme Court of Ohio Office of Attorney Services, and a certificate indicating service of this Motion on all known parties and attorneys of record are attached. Movant understands that, if this Motion is granted, Movant must file a Notice of Permission to Appear Pro Hac Vice and a copy of the Order granting permission with the Supreme Court of Ohio Office of Attorney Services within thirty days of the Order. Respectfull submitted, Anthony Paduano PHV Attorney for Appellants Robert S. McCulloch III and Hunter Associates inc. PADUANO & WEINTRAUB, LLP 1251 Avenue of the Americas, Ninth Floor New York, New York (212) (telephone) address; ap@pwlawyers.com (212) (fax) 1 W. 72nd Street, #26 New York, New York (Residential Address)

4 CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the foregoing document has been served upon: Joseph Simms 1660 West 2nd Street, Suite 1100 Cleveland, Ohio (312) Jerry Santangelo Brody Weichbrodt Two North LaSalle Street, Suite 1700 Chicago, Illinois (216) By electronic transmission and/or i day of October, ; 23rd

5 IN THE SUPREME COURT OF THE STATE OF OHIO Robert McCulloch, III, et al., Appellants, V. Janney Montgomery Scott LLC, Appellee. On Appeal from the Columbiana County Court of Appeals, Seventh Appellate District Court of Appeals Case No. 13 CO 40 AFFIDAVIT OF APPLICATION IN THE MATTER OF THE APPLICATION OF ANTHONY PADUNAO FOR PRO HAC VICE REGISTRATION Michael McGee (COUNSEL OF RECORD) Michael J. McGee Harrington, Hoppe & Mitchell, Ltd. 108 Main Avenue, Suite 500 Warren, Ohio (330) Anthony Paduano, Pro Hac Vice Pending Paduano & Weintraub LLP 1251 Avenue of the Americas, Ninth Floor New York, New York (212) COUNSEL FOR APPELLANTS ROBERT S. McCULLOCH III and HUNTER ASSOCIATES, INC. Joseph Simms Ulmer & Berne LLP 1660 West 2nd Street, Suite 1100 Cleveland, Ohio (216) Jerry Santangelo Brody Weichbrodt Neal, Gerber & Eisenberg, LLP Two North LaSalle Street, Suite 1700 Chicago, Illinois (312) COUNSEL FOR APPELLEE JANNEY MONTGOMERY SCOTT LLC

6 THE SUPREME COURT f OHIO IN THE MATTER OF THE APPLICATION OF OFFICE OF AT'TORNEY SERVICES Anthonv Paduano AFFIDAVIT OF APPLICANT Gov. Bar R. XII, Section 2(A)(3) FOR PRO HAC VICE REGISTRATION Anthonv Paduano being first dtily cautioned, swears or affirms as follows: a. I have never been disbarred from the practice of law. b. I have been admitted to the practice of law in the following jurisdictions (attach additional page if necessary): see attached c. Choose one: I am not currently suspended from the practice of law in any jurisdiction where I have been admitted to practice. F-I I am currently suspended from the practice of law in the following jurisdictions: d. Choose one: FV-l I have not resigned from the practice of law with discipline pending in any jurisdiction where I have been admitted to practice. q I have resigned from the practice of law with discipline pending in the following jurisdiction(s): SIGNATU OF APPLICANT Sworn to or affirmed before me and subscribed in my presence the 22nd day of October 20 14, in the state of New York and county of New York *Notary public's stamp/seal and commission expiration date are required. EildllY l.`saaitt 9 NOTARY PUBLIC-STATE OF NEW YORK No. OISM Aualified In New York County My Commission Expires June 17, 2017 SIGNATURE OF NOTARY PUBLIO

7 Anthony Paduano Admissions: I have been admitted to the practice of law in the following jurisdictions: New York, First Department, 07/25/1984; Registration Number State Bar of New Jersey, 12/20/1984; Registration Number U.S.D.C., District of New Jersey, 12/20/1984 U.S. Court of Appeals for the Third Circuit, 05/1985 The United States Supreme Court, 08/21 /1987 U.S.D.C., Southern District of New York, 04/19/1988 U.S. Court of Appeals for the Second Circuit, 06/03/1991 U.S.D.C., Eastern District of New York, 09/17/1991 U.S.D.C., Eastern District of Michigan, 12/11/1997 U.S.D.C., Northern District of New York, 09/25/1998 U.S.D.C., Eastern District of Wisconsin, 02/24/2003 U.S. Court of Appeals for the Fifth Circuit, 07/14/2004 U.S.D.C., Western District of New York, 06/22/2006 U.S.D.C., Central District of Illinois, 11/30/2007 U.S. Court of Appeals for the Fourth Circuit, 10/26/2012

8 IN THE SUPREME COURT OF TU STATE OF OHIO, Robert McCulloch, III, et al., Appellants, V. Janney Montgomery Scott LLC, Appellee. On Appeal from the Columbiana County Court of Appeals, Seventh Appellate District Court of Appeals Case No. 13 CO 40 CERTIFICATE OF PRO HAC VICE REGISTRATION IN THE MATTER OF THE APPLICATION OF ANTHONY PADUANO FOR PRO HAC VICE REGISTRATION Michael J. McGee Harrington, Hoppe & Mitchell, Ltd. 108 Main Avenue, Suite 500 Warren, Ohio (330) Anthony Paduano, Pro Hac Vice Pending Paduano & Weintraub LLP 1251 Avenue of the Americas, Ninth Floor New York, New York (212) COUNSEL FOR APPELLANTS ROBERT S. McCULLOCH III and HUNTER ASSOCIATES, INC. Joseph Simms Ulmer & Berne LLP 1660 West 2nd Street, Suite 1100 Cleveland, Ohio (216) Jerry Santangelo Brody Weichbrodt Neal, Gerber & Eisenberg, LLP Two North LaSalle Street, Suite 1700 Chicago, Illinois (312) COUNSEL FOR APPELLEE JANNEY MONTGOMERY SCOTT LLC

9 THE SUPREME COURT Of OHI(J OFFICE OF A"1'T()RNEY SERVICES IN TIiF; MATTER OF I'IIE APPLICATION OF Anthony Paduano FOR PRO IIAC VICE RRGISTRATi(3V per Gov. Sar R. XII, Sc.ction 2(A)(,3) Certificate of PRO IIAC VICE REG1 Sr[,RATION 2014 Ife ^ i stra ti on Number: Pl-[V Anthony Paduana _, having met the requil-cmeilts of, ^lllc] foeuld to be in full cornhl4:illce d-vitll. Section?(A)( 3) omule X1I of the Ru(es ttol' tlle (;o^'erlllncnt oft!?e Bar of Ohio, is hci'c11^ lssllcil this (;C;fl13lC:^lte t)1 pco 1121C vice fc JStE';1(li)!1 in tlll', tittlte OF 0hlti). To rec& c llc:rmission to apt>ear pro llic vic in an Ohio proccr;din,. a 171otion rc(lu<:stin,t! such pertnissio>_i must he f fca V',-ith the tribulml in accorclallcc ^\itll SCetion 2(A,0) of Rtlle XII of the Rules for the Go^, e.rnmcnt of the Mil of Ohio, Stlsall B. C;1lristof7` ` Uirector, Attorney Services Expires December 31, 2014