Case 18-80856 Doc 369 Filed 01/15/19 Page 1 of 9 In re: UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA DURHAM DIVISION Chapter 11 ADVANCED SPORTS ENTERPRISES, INC., et al, 1 CASE NO. 18-80856 (Jointly Administered) Debtors. MOTION FOR ADMISSION OF HOLLY A. ESTIOKO PRO HAC VICE Pursuant to LBR 2090-1(b)(1)(A); Holly A. Estioko ( Movant ), an attorney with Felderstein Fitzgerald Willoughby & Pascuzzi LLP, respectfully moves for admission of Movant pro hac vice for the purpose of appearing for Firenzi Properties, Inc. and Lincoln Properties, Ltd., landlords in the above-captioned cases (the Cases ). In support of the Motion, based upon the Declaration of Holly A. Estioko submitted herewith, counsel states as follows: 1. Movant is a resident of the State of California and an associate at the law firm of Felderstein Fitzgerald Willoughby & Pascuzzi LLP. Movant s office is located at 400 Capitol Mall, Suite 1750, Sacramento, CA 95814. The telephone number is (916) 329-7400. 2. Movant is a member in good standing of the California State Bar (Admitted 2006). Movant is admitted to practice before the United States Bankruptcy Court for the Eastern District of California (Admitted June 9, 2006), the United States Bankruptcy Court for the Northern District of California (Admitted November 26, 2007), and the United States Bankruptcy Court for the Central District of California (Admitted October 20, 2008). Movant s California Bar Number is 242392. 3. Movant has not been and is not currently the subject of any disciplinary action by 1 The Debtors in this case, along with each Debtor s case number, are: (i) Advanced Sports Enterprises, Inc., Case No. 18-80856; (ii) Advanced Sports, Inc., Case No. 18-80857; (iii) Performance Direct, Inc., Case No. 18-80860; (iv) Bitech, Inc., Case No. 18-80858; and (v) Nashbar Direct, Inc., Case No. 18-80859. Each Debtor is a North Carolina Corporation.
Case 18-80856 Doc 369 Filed 01/15/19 Page 2 of 9 any court or administrative body of record. 4. Movant has not filed a motion to appear pro hac vice before any court within the State of North Carolina within the last three years. 5. Movant has read and is familiar with the provisions of the Local Rules of this Court, the Federal Rules of Bankruptcy Procedure, the Federal Rules of Civil Procedure, and the Federal Rules of Evidence. 6. Movant submits to the disciplinary jurisdiction of this Court for any misconduct in connection with this case. 7. The Declaration of Holly A. Estioko supporting this Motion is attached hereto as Exhibit A. WHEREFORE, Movant respectfully requests that the Court enter an Order admitting Holly A. Estioko to appear before the Court pro hac vice in these jointly administered bankruptcy cases and any related proceedings, and granting such other and further relief as deemed necessary and proper. Dated: January 15, 2019 FELDERSTEIN FITZGERALD WILLOUGHBY & PASCUZZI LLP By:/s/ Holly A. Estioko Holly A. Estioko California State Bar No. 242392 400 Capitol Mall, Suite 1750 Sacramento, CA 95814 Telephone: (916) 329-7400 ext. 228 Facsimile: (916) 329-7435 email: hestioko@ffwplaw.com Attorneys for Firenzi Properties, Inc. and Lincoln Properties, Ltd.
Case 18-80856 Doc 369 Filed 01/15/19 Page 3 of 9 CERTIFICATE OF SERVICE The undersigned hereby certifies that, pursuant to, as applicable, Federal Bankruptcy Rules 7004, 9016 and 9022, Fed. R. Civ. P. 5, and LBR 5005-4(9), MDNC, the foregoing pleading, motion, affidavit, notice, or other document/paper has been electronically filed with the Clerk of the Court using the CM/ECF system, which system will automatically generate and send a Notice of Electronic Filing (NEF) to the undersigned filing user and the registered users of record as shown by the CM/ECF system s Mailing Information for Case 18-80856 as of the time of this filing. Dated this 15th day of January 2019. /s/ Holly A. Estioko HOLLY A. ESTIOKO
Case 18-80856 Doc 369 Filed 01/15/19 Page 4 of 9 EXHIBIT A DECLARATION OF HOLLY A. ESTIOKO
Case 18-80856 Doc 369 Filed 01/15/19 Page 5 of 9 In re: UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA DURHAM DIVISION Chapter 11 ADVANCED SPORTS ENTERPRISES, INC., et al, 1 CASE NO. 18-80856 (Jointly Administered) Debtors. DECLARATION OF HOLLY A. ESTIOKO I, Holly A. Estioko, being duly sworn, state the following under penalty of perjury: 1. I am a resident of California and a partner at the law firm of Felderstein Fitzgerald Willoughby & Pascuzzi LLP located at 400 Capitol Mall, Suite 1750, Sacramento, CA 95814. The telephone number is (916) 329-7400. 2. I am a member in good standing of the California State Bar (Admitted 2006). I am admitted to practice before the United States Bankruptcy Court for the Eastern District of California (Admitted June 9, 2006), the United States Bankruptcy Court for the Northern District of California (Admitted November 26, 2007), and the United States Bankruptcy Court for the Central District of California (Admitted October 20, 2008). My California Bar Number is 242392. 3. I have not been and am not currently the subject of any disciplinary action by any court or administrative body of record. 4. I have not filed a motion to appear pro hac vice before any court within the State of North Carolina within the last three years. 5. 1 have read and am familiar with the provisions of the Local Rules of this Court, the Federal Rules of Bankruptcy Procedure, the Federal Rules of Civil Procedure, and the Federal Rules of Evidence. 6. I submit to the disciplinary jurisdiction of this Court for any misconduct in 1 The Debtors in this case, along with each Debtor s case number, are: (i) Advanced Sports Enterprises, Inc., Case No. 18-80856; (ii) Advanced Sports, Inc., Case No. 18-80857; (iii) Performance Direct, Inc., Case No. 18-80860; (iv) Bitech, Inc., Case No. 18-80858; and (v) Nashbar Direct, Inc., Case No. 18-80859. Each Debtor is a North Carolina Corporation.
Case 18-80856 Doc 369 Filed 01/15/19 Page 6 of 9 connection with this case. Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief. Dated: January 15, 2019 /s/ Holly A. Estioko HOLLY A. ESTIOKO
Case 18-80856 Doc 369 Filed 01/15/19 Page 7 of 9 EXHIBIT B [Proposed Order]
Case 18-80856 Doc 369 Filed 01/15/19 Page 8 of 9 In re: UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA DURHAM DIVISION Chapter 11 ADVANCED SPORTS ENTERPRISES, INC., et al, 1 CASE NO. 18-80856 (Jointly Administered) Debtors. ORDER ALLOWING HOLLY A. ESTIOKO TO APPEAR AS COUNSEL FOR FIRENZI PROPERTIES, INC. AND LINCOLN PROPERTIES, LTD. PRO HAC VICE This matter having come before the Honorable Benjamin A. Kahn, Judge of the United States Bankruptcy Court for the Middle District of North Carolina, Durham Division, upon the Motion for Admission Pro Hac Vice of Holly A. Estioko (the Motion ) to practice in this Court for the purpose of representing Firenzi Properties, Inc. and Lincoln Properties, Ltd. in the abovecaptioned cases, and it appearing to the Court and the Court so finding, that for good cause shown, the Motion should be granted; NOW, THEREFORE, IT IS HEREBY ORDERED THAT, pursuant to Rule 2090-1 of the Local Rules of Practice and Procedure of this Court, Holly A. Estioko shall be, and hereby is 1 The Debtors in this case, along with each Debtor s case number, are: (i) Advanced Sports Enterprises, Inc., Case No. 18-80856; (ii) Advanced Sports, Inc., Case No. 18-80857; (iii) Performance Direct, Inc., Case No. 18-80860; (iv) Bitech, Inc., Case No. 18-80858; and (v) Nashbar Direct, Inc., Case No. 18-80859. Each Debtor is a North Carolina Corporation.
Case 18-80856 Doc 369 Filed 01/15/19 Page 9 of 9 admitted pro hac vice to practice in the above-captioned Chapter 11 cases. This Order shall not be considered admission to practice generally before this Bankruptcy Court or the United States District Court for the Middle District of North Carolina. [END OF DOCUMENT]