Document Page 1 of 4 UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS In re: Case No. 4:14-BK-40987 Chapter 11 TELEXFREE, LLC, Debtor. (Chapter 7) MOTION TO RECONSIDER MOTION FOR ADMISSION TO PRACTICE PRO HAC VICE FOR LAWRENCE A. WAKS TO THE HONORABLE JUDGE OF SAID COURT: Ciao Telecom, Inc. ( Ciao ), by and through its undersigned attorneys, hereby move this honorable Court, pursuant to Federal Rule of Bankruptcy Procedure 9023, to reconsider that certain Motion for Admission to Practice Pro Hac Vice for Lawrence A. Waks [Docket No. 403] (the Application ) and hereby admit attorney Michael S. Held to appear and practice pro hac vice in this Court with respect to the above-captioned matter, on behalf of Ciao Telecom, Inc., a party in interest. 1. The Application was filed on August 21, 2014, and contained all of the relevant information required pursuant to Local Rule 9010-1(b); however, it did not contain a separate, stand-alone certificate containing those elements as signed by Applicant. The $100 filing fee associated with the Application was paid on August 2, 2014, contemporaneously with the filing of the Application. 2. On August 26, 2014, this Court entered an order denying the Application without prejudice for failure to file a certificate in compliance with MLBR 9010-1(b). See Docket No. 414. 3. Applicant hereby seeks the Court s reconsideration of the relief sought in the Application pursuant to Federal Rule of Bankruptcy Procedure 9023, based on the inclusion in the Application of the each of the elements required pursuant to Local Rule 9010-1(b) therein. - 1 -
Document Page 2 of 4 Moreover, out of an abundance of caution, Applicant has attached hereto a separate standalone certificate, signed by Applicant containing the attestations required under the applicable local rule. 4. Applicant is a partner with Jackson Walker L.L.P. located at 901 Main Street, Suite 6000, Dallas, Texas 75202. Applicant is a member in good standing of the State Bar of Texas, bar number 20670700, and the State Bar of New York, bar number 1975770. Applicant has been admitted to practice before the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the Fifth Circuit, the United States Court of Appeals for the Tenth Circuit, the United States District Courts for the Western, Northern, Southern and Eastern Districts of Texas, and the United States District Court for the Southern District of New York. 5. Applicant has no disciplinary record in any jurisdiction in which he is admitted to practice, and has no disciplinary proceedings against him in any jurisdiction. 6. Applicant is familiar with the Local Rules of this Court. 7. Prior to filing the Application, Applicant had not filed any petition pursuant to Local Rule 9010-1(b) to appear as counsel before this Court within the last year. 8. Pursuant to Local Rule 9010-1(b), Applicant seeks permission to appear before this Court pro hac vice with respect to the above-captioned matter. 9. The filing of the Application was not be deemed or construed as Ciao s: (a) waiver of the right to have final orders in non-core matters entered only after de novo review by the United States District Court; (b) waiver of the right to trial by jury in any proceeding so eligible in this case or in any case, controversy, or proceeding related to this case; (c) waiver of the right to have the United States District Court withdraw the reference in any matter subject - 2 -
Document Page 3 of 4 to mandatory or discretionary withdrawal; (d) waiver of the right to contest jurisdiction or appropriate venue to this proceeding or any related proceeding; or (e) waiver of any other rights or claims, actions, defenses, setoffs or recoupments which Ciao has or may hereafter obtain, in law or in equity, all of which rights, claims, actions, defenses, setoffs and recoupments Ciao expressly reserves. This motion is not, and shall not be construed to be, a consent by Ciao pursuant to 28 U.S.C. 157(c)(2). 10. Applicant respectfully requests that the Court reconsider the Application and hereby admit attorney Michael S. Held to appear and practice pro hac vice in this Court with respect to the above-captioned matter, on behalf of Ciao Telecom, Inc., a party in interest. Respectfully submitted, By: /s/ Michael J. Pappone Michael J. Pappone (BBO# 388900) GOODWIN PROCTER LLP Exchange Place Boston, MA 02109 617-570-1000 Email: mpappone@goodwinprocter.com ON BEHALF OF: By: /s/ Lawrence A. Waks Lawrence A. Waks Texas Bar No. 20670700 JACKSON WALKER L.L.P. 901 Main Street, Suite 6000 Dallas, Texas 75202 (214) 953-6000 (214) 953-5822 Fax Email: lwaks@jw.com COUNSEL FOR CIAO TELECOM, INC. - 3 -
Document Page 4 of 4 CERTIFICATE OF SERVICE This is to certify that on this 8th day of September, 2014, a true and correct copy of the foregoing I hereby certify that on this date the foregoing document was served through the Court s electronic case filing (ECF) notification system on all parties requesting such service. /s/ Michael J. Pappone Michael J. Pappone - 4 -
Case 14-40987 Doc 434-1 Filed 09/08/14 Entered 09/08/14 15:29:08 Desc Certificate of Lawrence A. Waks Pursuant to MLBR9010-1(b) Page 1 of 1 UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS In re: TELEXFREE, LLC. Case No. 4:14-BK-40987 Chapter 11 Debtor. (Chapter 7) CERTIFICATE OF LAWRENCE A. WAKS PURSUANT TO MLBR 9010-1(B) Lawrence A. Waks declares and states as follows: 1. I am a partner with the law firm Jackson Walker L.L.P., located at 901 Main Street, Suite 6000, Dallas, Texas 75202, and I am a member in good standing of the State Bar of Texas and the State Bar of New York. Applicant has been admitted to practice before the U.S. Northern District of Texas, the U.S. Eastern District of Texas, the U.S. Southern District of Texas, the U.S. Western District of Texas, United States Court of Appeals for the Second Circuit, the United States Court of Appeal for the Fifth Circuit and the U.S. Court of Appeal for the Tenth Circuit, and the United States District Court for the Southern District of New York. My Texas Bar Number is 20670700 and my New York Bar Number is 1975770. 2. There are no disciplinary proceedings against me as a member of the Bar in any jurisdiction. 3. I am familiar with the Local Rules of the United States Bankruptcy Court for the Dist r I declare under the penalty of perjury that the follovxing is true and correct. Executed on September 8, 2014 at Dallas, Texas., Lawrence \. Waks - 5 -
Case 14-40987 Doc 434-2 Filed 09/08/14 Entered 09/08/14 15:29:08 Desc Declaration of Electronic Filing Page 1 of 1 OFFICIAL LOCAL FORM 7 UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS In re: TELEXFREE, LLC, Debtor. Case No. 4:14-BK-40987 Chapter Debtor DECLARATION RE: ELECTRONIC FILING PART I - DECLARATION 1[We] Lawrence A. Waks and hereby declare(s) under penalty of perjury that all of the information contained in my Certificate Pursuant to MLBR 9010-1(B) (singly or jointly the "Document"), filed electronically, is true and correct. I understand that this DECLARATION is to be filed with the Clerk of Court electronically concurrently with the electronic filing of the Document. I understand that failure to file this DECLARATION may cause the Document to be struck and any request contained or relying thereon to be denied, without further notice. I further understand that, pursuant to the Massachusetts Electronic Filing Local Rule (MEFR) 7(b), all paper documents containing original signatures executed under the penalties of perjury and filed electronically with the Court are the property of the bankruptcy estate and shall be maintained by the authorized CM/ECF Registered User for a period of five (5) years after the closing of this case. Dated: 9/8/14 (Affiant) Lawrence A. Waks (Joint Affiant) PART II - DECLARATION OF ATTORNEY (IF AFFIANT IS REPRESENTED BY COUNSEL) I certify that the affiant(s) signed this form before I submitted the DocumentI gave the affiant(s) a copy of the Document and this DECLARATION, and I have followed all other electronic filing requirements currently established by local rule and standing order. This DECLARATION is based on all information of which I have knowledge and my signature below constitutes my cetrification of the foregoing under Fed. R. Bankr. P. 9011. I have reviewed and will comply with the provisions of MEFR Dated: Signed: (Attorney for Affiant - /s/used by Registered ECF Users Only)