No CHIQUITA BRANDS INTERNATIONAL, INC., NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.,

Transcription

1 No Jtt t4e ^uprerne 1inurt nf (IMfti CHIQUITA BRANDS INTERNATIONAL, INC., I:: INAL WITH PROOF QF SERVIdE v. Plaintiff-Appellant, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Defendant-Appellee. Appeal from the Court of Appeals of Ohio, First Appellate District, No. C , there heard on appeal from the Court of Common Pleas, Hamilton County, Ohio, No. A , the Honorable Steven E. Martin, Judge Presiding APPELLEE'S MOTION FOR PERMISSION FOR AGELO L. REPPAS TO APPEAR PRO HAC VICE Richard H. Nicolaides, Jr. ( ) Barbara I. Michaelides ( ) Agelo L. Reppas ( ) (counsel of record) BATES CAREY NICOLAIDES LLP 191 North Wacker Drive, Suite 2400 Chicago, Illinois (facsimile) Joseph W. Borchelt (75387) REMINGER 525 Vine Street, Suite 1700 Cincinnati, Ohio (facsimile) Attorneys for Appellee, National Union Fire Insurance Company ofpittsburgh, Pa. (for continuation of appearances, see inside cover) RLE MAY CLERaf OF COURT ^^^^ ^^^^R T 0 F- 0 ji10 MAY ^^0URf S^^RE V1 4:'.OURI - OF OH9

2 William P. Skinner ( ) (counsel of record) Robert A. Long ( ) Mark W. Mosier ( ) COVINGTON & BURLING LLP 1201 Pennsylvania Avenue, NW Washington, District of Columbia (facsimile) W. Stuart Dornette ( ) TAFT STETTINIUS & HOLLISTER LLP 425 Walnut Street, Suite 1800 Cincinnati, Ohio (facsimile) Yvette McGee Brown ( ) JoNEs DAY 325 John H. McConnell Boulevard, Suite 600 Columbus, Ohio (facsimile) Attorneys for Appellant, Chiquita Brands International, Inc. Clair E. Dickinson ( ) Paul A. Rose ( ) BROUSE MCDOWELL 388 South Main Street, Suite 500 Akron, Ohio (facsimile) Attorneys for Amici Curiae, Dana Companies, LLC, Eaton Corporation, FirstEnergy Corporation, Goodrich Corporation, The Goodyear Tire & Rubber Company, MTD Products Inc., The Lincoln Electric Company and Pilkington North America, Inc. (800) PRINTED ON RECYCLED PAPER COUNSEL PRESS

3 Pursuant to Gov. Bar R. XII(2)(A)(6) and S. Ct. Prac. R. 2.02, Agelo L. Reppas, attorney for appellee, National Union Fire Insurance Company of Pittsburgh, Pa., hereby moves the Ohio Supreme Court to grant her permission to appear pro hac vice and to participate as counsel in this case for appellee. Movant represents that the following is a list of the jurisdictions in which she has ever been licensed to practice law, including dates of admission to practice, resignation or retirement, and any attorney registration numbers: admitted to the Illinois Bar on November 9, 2000, bar number ; admitted to the New York Bar on September 21, 2006, bar number Pursuant to Gov. Bar R. XII(2)(A)(5), Movant represents that she has not been granted permission to appear pro hac vice in more than three proceedings before Ohio tribunals in the current calendar year. Joseph W. Borchelt, 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 pro hac vice registration furnished 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. Respectfully submitted, Agelo. Reppas pro hac vice 00registration n BATES CAREY NICOLAIDES LLP

4 191 North Wacker Drive, Suite 2400 Chicago, Illinois (facsimile) 522 West Armitage Avenue, #3 Chicago, Illinois (residential address) Attorneys for appellee, National Union Fire Insurance Co. of Pittsburgh, Pa. 2

5 IN 't'he MAT'I'ER OF '1'HE MOTION OF CASE NO Agelo L. Reppas FOR PERMISSION TO APPEAR PRO HAC VICE AFFIDAVIT OF OUT-OF-STATE A'fTORNEY Gov, Bar R. XII, Section 2(A)(6) Agelo L Reppas being first duly 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 jurisdictions if necessary): Illinois New York c. Choose one: I am not currently suspended from the practice of law in any jurisdiction where I have been admitted to practice. I am currently suspended from the practice of law in the following jurisdictions: d. Choose one: Z I have not resigned from the practice of law with discipline pending in any jurisdiction where I have been admitted to practice. I have resigned from the practice of law with discipline pending in the following jurisdiction(s): SIGNA URE OF APPLICA Sworn to or affi:ned before me and subscribed in my presence the ^ / day of May 20 13, in the state of Illinois and county of Cook *Affix stamp & seal (required in Ohio). T,, ^.r^^8^ ^ OFFICIAL SEAL SONYA R K LOGALBO Notary Public - State of Illinois My Commission Expires Dec 3, 2014

6 THE SUPREME COURT Of OHIO OFFICE OF ATTORNEY SERVICES IN THE MATTER OF THE APPLICATION OF Agelo Reppas FOR PRO HAC VICE REGISTRATION per Gov. Bar R. XII, Section 2(A)(3) Certificate of PRO HAC VICE REGISTRATION 2013 Registration Number: PIIV Agelo Reppas, having met the requirements of, and tound to be in full compliance with, Section 2(A)(3) of Rule XII of the Rules for tlie Goveln.ment of the Bar of Ohio, is hereby issucd this ccrtificate of pro hac vice registration in tlie state of()hio. To receive perlnission to appear pro hac vice in an Ohio proceedin^t, a motioii requesting such permission ntust be filed with the tribunal in accoi dance with Section 2(A)(6) orrute XII of the Rules for the Governlnent of the Bar of Ohio. ousan 'atristoff Director, Attorney Services Expires December 31, 2013

7 CERTIFICATE OF SERVICE I certify that on May 20, 2013, a copy of National Union Fire Insurance Company of Pittsburgh, Pa.'s motion for permission for Agelo L. Reppas to appear pro hac vice was sent to each of the following attorneys via United States Express Mail: William P. Skinner W. Stuart Dornette Robert A. Long TAFT STETTINIUS & HOLLISTER LLP Mark W. Mosier 425 Walnut Street, Suite 1800 COVINGTON & BURLING LLP Cincinnati, Ohio Pennsylvania Avenue, NW Washington, District of Columbia Yvette McGee Brown JONES DAY 325 John H. McConnell Boulevard, Suite 600 Columbus, Ohio Attorneys for appellant, Chiquita Brands International, Inc. Clair E. Dickinson Paul A. Rose BROUSE MCDOWELL 388 South Main Street, Suite 500 Akron, Ohio Attorneys for amici cu^i^o Doation, The GoodyLea ^Tire & Corporation, Products Corporation, Goodric p Inc., The Lincoln Electric Company and Pilkington North America, Inc. Subscribed and sworn to before me this 17th day of May Not4 Pu OFFICIAL SEAL SONYA R K LOGALBO Notary Public - State of Illinois My Commission Expires Dec 3, 2014