Case No. 3D Case No. 3D (consolidated under Case No. 3D ) IN THE DISTRICT COURT OF APPEAL, THIRD DISTRICT STATE OF FLORIDA

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1 Case No. 3D Case No. 3D (consolidated under Case No. 3D ) RECEIVED, 1/17/2017 4:06 PM, Mary Cay Blanks, Third District Court of Appeal IN THE DISTRICT COURT OF APPEAL, THIRD DISTRICT STATE OF FLORIDA HOWARD A. ENGLE, M.D., ET. AL., (PERTAINS TO: CARMEN STAGG, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FRANCISCO STAGG), v. Plaintiff/Appellant, PHILIP MORRIS USA INC., ET AL., Defendants/Appellees. On Appeal from the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida Case No CA 22 Case No CA 30 Hon. Gill S. Freeman, Circuit Judge UNOPPOSED VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC VICE PURSUANT TO FLORIDA RULE OF JUDICIAL ADMINISTRATION following: Comes now David E. Kouba, Movant herein, respectfully represents the 1

2 1. Movant resides in Raleigh, North Carolina and is not a resident of the State of Florida. 2. Movant is an attorney and a member of the law firm ARNOLD & PORTER KAYE SCHOLER LLP, with offices at 601 Massachusetts Avenue, NW, Washington, DC Movant was retained as a member of the above-named law firm on or around January 20, 2016 by Defendant Philip Morris USA Inc. ( PM USA ) to provide legal representation in connection with the above-styled matter now pending before the above-named court of the State of Florida. 4. Movant is an active member in good standing and currently eligible to practice law in the District of Columbia (Bar No ), the state of North Carolina (Bar No ). 5. There are no disciplinary proceedings pending against Movant. 6. Within the past five (5) years, Movant has not been subject to any disciplinary proceedings. 7. Movant has never been subject to any suspension proceedings. 8. Movant has never been subject to any disbarment proceedings. 9. Movant, either by resignation, withdrawal, or otherwise, never has terminated or attempted to terminate Movant s office as an attorney in order to avoid administrative, disciplinary, disbarment, or suspension proceedings. 2

3 10. Movant is not an inactive member of The Florida Bar. 11. Movant is not now and has never been a member of The Florida Bar. 12. Movant is not a suspended member of The Florida Bar. 13. Movant is not a disbarred member of The Florida Bar nor has Movant received a disciplinary resignation from The Florida Bar. 14. Movant has not previously been disciplined or held in contempt by reason of misconduct committed while engaged in representation pursuant to Florida Rule of Judicial Administration In the past five (5) years Movant has previously filed the following motion(s) to appear as counsel in Florida state courts: A. November 26, 2012, Rice v. R.J. Reynolds Tobacco Co., et al., Case No CA AH (Fla. 15 th Cir. Ct.). B. April 15, 2016, Howley v. R.J. Reynolds Tobacco Co., et al., Case No CA O (Fla. 9 th Cir. Ct.). C. May 19, 2016, Carrico v. R.J. Reynolds Tobacco Co., et al., Case No CA O (Fla. 9 th Cir. Ct.). 16. Local counsel of record associated with Movant in this matter is Geoffrey J. Michael (FL Bar No ) of ARNOLD & PORTER KAYE SCHOLER LLP, who is an active member in good standing of The Florida Bar and 3

4 has an office located at 601 Massachusetts Avenue, NW, Washington, DC 20001, Telephone (202) Movant has read the applicable provisions of Florida Rule of Judicial Administration and Rule of the Rules Regulating the Florida Bar and certifies that his verified motion complies with those rules. 18. Movant agrees to comply with the provisions of the Florida Rules of Professional Conduct and consents to the jurisdiction of the courts and the Bar of the State of Florida. 19. Movant has conferred with counsel of record in the above-styled matter and counsel of record does not oppose this motion. WHEREFORE, Movant respectfully requests permission to appear in this court for this cause only. DATED this 17 th day of January,

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6 I hereby consent to be associated as local counsel of record in this case pursuant to Florida Rule of Judicial Administration DATED this 17 th day of January, s/ Geoffrey J. Michael Geoffrey J. Michael Florida Bar No.: ARNOLD & PORTER KAYE SCHOLER LLP 601 Massachusetts Ave., NW Washington, DC Telephone: (202) Facsimile: (202) CERTIFICATE OF SERVICE I hereby certify that on this 17 th day of January, 2017, the undersigned served a true and correct copy of the foregoing motion on PHV Admissions, The Florida Bar, 651 East Jefferson Street, Tallahassee, FL accompanied by payment of the $ filing fee made payable to The Florida Bar and on all counsel of record on the attached service list via electronic mail. s/ Geoffrey J. Michael Counsel for Philip Morris USA Inc. 6

7 SERVICE LIST Counsel for R.J. Reynolds Tobacco Co.: Stephanie E. Parker, Esq. JONES DAY Brickell World Plaza 600 Brickell Ave., Suite 3300 Eliot Pedrosa, Esq. GREENBERG TRAURIG 333 SE 2 nd Ave., Suite 4400 miaengle@gtlaw.com FLService@gtlaw.com Jennifer C. Kane jkane@kslaw.com tholmes@kslaw.com kstobacco@kslaw.com KING & SPALDING LLP 1180 Peachtree Street, NE Atlanta, GA Tel: (404) Amy Furness, Esq. afurness@cfjblaw.com egreska@cfjblaw.com CARLTON FIELDS JORDEN BURT P.A. Miami Tower 100 SE Second Street, Suite 4200 Tel: (305) Fax: (305) Counsel for Plaintiff: Austin Carr, Esq. Justin Parafinczuk, Esq. KOCH PARAFINCZUK & WOLF, P.A. 110 East Broward Blvd., Suite 1630 Ft. Lauderdale, FL Tel: (954) Fax: (954) Parafinczuk@kpwlaw.com carr@kpwlaw.com Counsel for Liggett: Giselle Mansuer, Esq. gmanseur@kasowitz.com KASOWITZ BENSON TORRES & FRIEDMAN LLP 1441 Brickell Ave., Suite 1420 Tel: (305) Fax: (305) nrojas@kasowitz.com mruiz@kasowitz.com Co-Counsel for Philip Morris USA: Lawrence Ashe, Esq. lashe@bsfllp.com BOIES, SCHILLER & FLEXNER, LLP 100 SE 2 nd Street, Suite 2800 PMUSA@bsfllp.com mperez@bsfllp.com Frank Cruz Alvarez 7

8 Ursula Henninger, Esq. KING & SPALDING LLP 100 North Tyron Street, Suite 3900 Charlotte, NC Tel: (704) SHOOK, HARDY & BACON LLP Miami Center 201 S. Biscayne Blvd., Suite 3200 Tel: (305) Fax: (305)