Ricardo Ortega v. Nestle Waters North America, et al.

NIKKI H. HOWELL’S MOTION TO APPEAR AS COUNSEL PRO HAC VICE

 

MOVING PARTY: Nikki H. Howell (as counsel for Defendant Nestle Waters North America)

RESPONDING PARTY: None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff Ricardo Ortega brings this action against his former employer, Defendant Nestle Waters North America. Plaintiff alleges he was terminated after making complaints about Defendant’s illegal business practices.

On June 25, 2019, this court (Hon. Stuart M. Rice) granted Defendant’s motion for summary judgment. Plaintiff appealed. On August 31, 2021, the Court of Appeal affirmed in part and reversed in part with directions.

Attorney Nikki H. Howell now moves to be admitted Pro Hac Vice as counsel for Defendant Nestle Waters North America. No opposition was filed.  

TENTATIVE RULING:

Counsel Howell’s Application to be Admitted Pro Hac Vice is GRANTED.

Moving counsel is ordered to give notice.

DISCUSSION:

Application for Admission Pro Hac Vice

A. Legal Standard

California Rules of Court Rule 9.40 provides that an attorney in good standing in another jurisdiction may apply to appear pro hac vice in this State by way of written application upon notice by mail to all interested parties, as well as service on the State Bar in San Francisco with payment of a $50.00 fee, so long as that attorney is not a resident of California, does not work in California, and does not perform regular or substantial business, professional, or other activities in the State.  (Cal. Rules of Court, rule 9.40).

The application must state: (1) The applicant's residence and office address;  (2) The courts to which the applicant has been admitted to practice and the dates of admission;  (3) That the applicant is a licensee in good standing in those courts;  (4) That the applicant is not currently suspended or disbarred in any court;  (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, the date of each application, and whether or not it was granted; and (6)  The name, address, and telephone number of the active licensee of the State Bar of California who is attorney of record.  (Cal. Rules of Court, rule 9.40(d)).

B. Application

Counsel Nikki H. Howell moves to be admitted pro hac vice for Defendant. Based on the Application and attached Declaration, Counsel Howell is not employed or residing within California (Howell Decl. ¶ 3); the application contains the necessary addresses (id.); the application has the proper admission information for other courts where the attorney is admitted (id. ¶ 4); and the attorney is in good standing in those jurisdictions. (Id. ¶ 5.) Counsel has appeared pro hac vice in California once in the last two years in the US District Court for the Eastern District of California in the matter Lorenzo Arroyo, et al. v. Baltimore Aircoil Company, 4 Inc., et al., Case No. 1:23-cv-00641-ADA-BAM. (Id. ¶ 7.)

Counsel Howell is to be associated with local counsel Jeffrey S. Horton Thomas. (Id. ¶ 2.) Counsel Horton Thomas confirms payment of the mandatory application fee to the State Bar on Counsel Howell’s behalf. (Horton Thomas Decl. ¶ 4.)

Here, finding the requirements of Rule 9.40 satisfied, and without opposition, Counsel Howell’s Application to be Admitted Pro Hac Vice is GRANTED.

IT IS SO ORDERED.

Dated:   December 4, 2024 ___________________________________