Judge: Michael P. Linfield, Case: 21STCV46412, Date: 2022-12-07 Tentative Ruling

Case Number: 21STCV46412    Hearing Date: December 7, 2022    Dept: 34

SUBJECT:         Verified Application of Anthony J. D’Agostino to Appear as Counsel Pro Hac Vice

Moving Party:  Cross-Defendant/Cross-Complainant General Star Indemnity Company

Resp. Party:    None

SUBJECT:         Verified Application of David A. Wilford to Appear as Counsel Pro Hac Vice

Moving Party:  Cross-Defendant/Cross-Complainant General Star Indemnity Company

Resp. Party:    None

        The Verified Applications to Appear as Counsel Pro Hac Vice are GRANTED.

BACKGROUND:

On April 23, 2021, Plaintiffs Noah Meiner, Lennifer Hilliard, and Sandra Wilson (“Meiner et al.”) filed their Complaint against Defendants Robin Amelia Sheehan, Brian Morgan Heit, Matthew Jacob Feaver, and Heit Law Group (“Sheehan et al.”). The underlying issue regards the alleged malpractice (and related claims) of Sheehan et al. in Meiner et al.’s prior lawsuit on a specific e-spam law.

On January 25, 2022, Sheehan et al. filed their Cross-Complaint against Cross-Defendants Gregory Walston and Walston & Associates d.b.a. The Walson Law Group (“Walston”).

On April 21, 2022, Walston filed their Cross-Complaint against General Star Insurance Company (actual name General Star Indemnity Company), Robin Amelia Sheehan, Jay Fink, Noah Meiner, Lennifer Hilliard, and Sandra Wilson.

On April 29, 2022, Walston filed their First Amended Cross-Complaint (FACC).

On July 22, 2022, Cross-Defendant/Cross-Complainant General Star Indemnity Company (“General Star”) filed its Cross-Complaint against Meiner et al., Sheehan et al., and Walston.

On October 18, 2022, General Star filed its Verified Application of David A. Wilford to Appear as Counsel Pro Hac Vice. General Star concurrently filed its Proposed Order and subsequently on October 28, 2022 filed its Proof of Service regarding this application.

On October 28, 2022, General Star filed its Verified Application of Anthony J. D’Agostino to Appear as Counsel Pro Hac Vice. This application contained a proof of service, and General Star concurrently filed its Proposed Order.

The Verified Applications are unopposed.

ANALYSIS:

Applicants David A. Wilford and Anthony J. D’Agostino seek admission to appear as counsel pro hac vice to represent Cross-Defendant/Cross-Complainant General Star Indemnity Company in this action, and to be associated as co-counsel with David A. Tartaglio. Jeffrey N. Williams. (Wilford Verified Application, ¶ 6; D’Agostino Verified Application, ¶ 6.)

Applicants are members in good standing of the State of Illinois. Application Wilford is admitted to practice before the U.S. District Court for the Northern District of Illinois, and Application D’Agostino is admitted to practice before the U.S. District Court for the Northern District of Illinois, the U.S. Court of Appeals for the Seventh Circuit, and the U.S. District Court for the Eastern District of Michigan. (Wilford Verified Application, ¶¶ 2–3; D’Agostino Verified Application, ¶¶ 2­–3.)

Applicant Wilford has not appeared pro hac vice in California in the past two years, and Applicant D’Agostino has only appeared pro hac vice in California once in the past two years. (Wilford Verified Application, ¶ 5; D’Agostino Verified Application, ¶ 5.) The applications also provide that the $50 fees required to be admitted pro hac vice have been paid to the State Bar of California. (Wilford Verified Application, Ex. A; D’Agostino Verified Application, Ex. A.)

The proofs of service filed in support of these applications demonstrate that service was made upon the State Bar at its San Francisco address. (Cal. Rules of Court, rule 9.40(c)(1).)

CONCLUSION:

        The Court GRANTS the Verified Application of David A. Wilford to Appear as Counsel Pro Hac Vice and the Verified Application of Anthony J. D’Agostino to Appear as Counsel Pro Hac Vice.