Judge: Elaine Lu, Case: 19STCV31358, Date: 2022-08-24 Tentative Ruling
1. If you wish to submit on the tentative ruling,
please email the clerk at SMCdept26@lacourt.org (and “cc” all
other parties in the same email) no later than 7:30 am on
the day of the hearing, and please notify all other parties in advance that you
will not be appearing at the hearing. Include the word "SUBMISSION" in all caps in the
subject line and include your name, contact information, the case number, and
the party you represent in the body of the email. If you submit on the
tentative and elect not to appear at the hearing, the opposing party may
nevertheless appear at the hearing and argue the motion, and the Court may
decide not to adopt the tentative ruling.
2.
For any motion where no parties submit to the tentative ruling in
advance, and no parties appear at the motion hearing, the Court may elect to
either adopt the tentative ruling or take the motion off calendar, in its
discretion.
3. PLEASE DO NOT USE THIS
EMAIL (SMCdept26@lacourt.org) FOR ANY PURPOSE OTHER THAN TO SUBMIT TO A TENTATIVE
RULING. The Court will not read or
respond to emails sent to this address for any other purpose.
4. IN ORDER TO IMPLEMENT
PHYSICAL DISTANCING GOING FORWARD AND UNTIL FURTHER NOTICE, THE COURT STRONGLY
ENCOURAGES ALL COUNSEL AND ALL PARTIES TO APPEAR TELEPHONICALLY FOR NON-TRIAL
AND NON-EVIDENTIARY MATTERS. Thus, until further
notice, Department 26 strongly encourages telephonic appearances for motion
hearings that do not require the presentation of live testimony.
Case Number: 19STCV31358 Hearing Date: August 24, 2022 Dept: 26
|
JANE
DOE; JENNY ROE, Plaintiff, v. LYNEER
STAFFING SOLUTIONS, LLC, et al., Defendants. |
Case No.: 19STCV31358 Hearing Date: August 24, 2022 [TENTATIVE] ORDER RE: APPLICATION FOR AN ORDER PERMITTING HEIDI L.
ECKERT AS COUNSEL PRO HAC VICE |
Heidi L. Eckert, Esq. (“Eckert”) applies as counsel pro hac vice for Defendant
Capacity West LLC. The application is unopposed.
Under CRC Rule 9.40, attorneys licensed and in
good standing in other states may, upon the California court’s approval, appear
as counsel pro hac vice in a pending
case if an active member of the state bar is associated as attorney of
record. (CRC 9.40(a).) Eckert is an active
member, in good standing, of the State Bar of Illinois, the U.S. Court of
Appeals for the Seventh Circuit, U.S. Court of Appeals for the Eighth Circuit, U.S.
District Court for the Northern District of Illinois, the U.S. District Court for
the Southern District of Illinois, the U.S. Court for the Eastern District of Missouri,
the U.S. Court for the Western District of Missouri, and the U.S. District
Court of the Eastern District of Oklahoma.
(Eckert
Decl. ¶ 2.) In addition,
Eckert states that she is not a resident of California or regularly engaged in
business in California and is a resident of Missouri. (Eckert
Decl. ¶¶ 7-11.) Eckert states that
she has not applied to appear pro hac vice in any California action in
the past two years. (Eckert Decl. ¶ 12.) Thus, Eckert satisfies the
eligibility requirements of CRC 9.40(a).
Eckert’s application successfully addresses all six
content requirements outlined in CRC 9.40(d).
Specifically, Eckert provides
in her application: (1) her residence and office address (Eckert
Decl. ¶ 1); (2) the courts to which Eckert has been admitted to practice and the
dates of admission (Eckert Decl. ¶ 2); (3) that Eckert is a member in good
standing in those courts (Eckert Decl.
¶ 3); (4) that Eckert is not currently suspended or disbarred in any court (Eckert
Decl. ¶ 4); (5) the title of each court and cause in which the applicant has
filed an application to appear as counsel pro hac vice in this
state in the preceding two years, and whether or not it was granted if any (Eckert
Decl. ¶ 9); and (6) the name, address, and telephone number of an active member
of the State Bar of California, Allison V. Saunders, David B. Simpson, and
Jason Shon, who are the current counsel
of record for Defendant Capacity West (Eckert Decl. ¶ 10; Saunders Decl. ¶¶ 2-3).
Furthermore, Eckert demonstrates that she has met the requirement of CRC 9.40(c)(1). That rule
provides: “a person desiring to appear as counsel pro hac vice in a superior court must file with the court a
verified application together with proof of service . . . of a copy of the
application and of the notice on all parties who have appeared in the cause and
on the State Bar of California at its San Francisco office.” (See Attached Proof of Service.)
CONCLUSION AND ORDER
The application of Heidi L. Eckert to appear as counsel pro hac vice for Defendant Capacity West is GRANTED.
The
Moving Party is ordered to provide notice of this order and file a proof of service
of such.
DATED: August 24, 2022 ___________________________
Elaine
Lu
Judge
of the Superior Court