Motion-Secondary: HAROLD KOEPKE et al VS. FORD MOTOR COMPANY et al

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                                RONALD F. LOPEZ, State Bar No. 111756
rflopez@nixonpeabody.com

ROSS M. PETTY, State Bar No. 166366 ELECTRONICALLY
rpetty@nixonpeabody.com
SCOTTE S. SHEPARDSON, State Bar No. 197446 FILED
sshepardson@nixonpeabody.com ‘Superior Court of California,
KARL K. SUNG, State Bar No. 294120 County of San Francisco
ksung@nixonpeabody.com MAY 29 2014
NIXON PEABODY LLP Clerk of the Court
One Embarcadero Center, 18" Floor BY: ROMY RISK

eputy Clerk

San Francisco, California 94111
Telephone: (415) 984-8200
Facsimile: (866) 542-6538

Attorneys for Defendant
FORD MOTOR COMPANY

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SAN FRANCISCO

HAROLD KOEPKE, et al.,
Plaintiffs,
vs.

AMERICAN HONDA MOTOR
COMPANY, etal,

Defendants.

Case No. CGC-13-276217

DECLARATION OF SCOTT S.
SHEPARDSON IN SUPPORT OF
DEFENDANT FORD MOTOR
COMPANY'S EX PARTE APPLICATION

Date: May 29, 2014

Time: 11:00 a.m.

Dept.: 503

Judge: Hon. Teri L. Jackson

Complaint Filed: December 3, 2013

| Trial Date: June 16, 2014

1, SCOTT 8. SHEPARDSON, declare as follows:

1, lam an attorney at law duly licensed to practice in the State of California, and [am an

attorney at the law firm of Nixon Peabody LLP, counsel of record for Defendant Ford Motor

Company (“Ford”) in the matter herein. [am one of the attorneys responsible for the handling of the

instant action, and am familiar with the facts supporting this application. | am familiar with the facts

-i-

DECLARATION OF SCOTT S, SHEPARDSON IN SUPPORT OF DEFENDANT FORD MOTOR COMPANY'S EX PARTE APPLICATION

14995307126

set forth herein and would competently testify thereto if called upon as a witness.

2. There is good cause to grant this ex parte Application for admission of John R.
Henderson as counsel pro hac vice based upon the impending scheduling with expert discovery and
other pre-trial matters in this case.

3. Attached hereto as Exhibit A is John R. Henderson’s Application for Admission Pro
Hac Vice, which meets all the requirements set forth by the California Rules of Court.

4, On May 28, 2014, at 10:25 a.m. my office served notice of this Ex Parte Application
on plaintiffs’ counsel. Attached hereto as Exhibit B is a true and correct copy of that
correspondence and proof of service of the notice.

5. Attached hereto as Exhibit C is a copy of payment to the State Bar of California,
mailed to the Court on this date along with a copy of Mr. Henderson’s Application.

i declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct and that this declaration was executed on May 28, 2014 at San Francisco,

California.

EEE fi

: Sets. Shepards

-2-

DECLARATION OF SCOTT S. SHEPARDSON IN SUPPORT OF DEPENDANT FORD MOTOR COMPANY'S EX PARTE APPLICATION
14995397.1EXHIBIT ARONALD F, LOPEZ, State Bar No. 111756
rflopez@nixonpeabody.com

ROSS M. PETTY, State Bar No. 166366
rpetty@nixonpeabody.cam

SCOTT S. SHEPARDSON, State Bar No.
sshepardson@nixonpeabody.com

KARL K. SUNG, State Bar No, 294120
ksung@nixonpeabody.com

NIXON PEABODY LLP

One Embarcadero Center, 18" Floor

San Francisco, California 94111
Telephone: (415) 984-8200

Facsimile: (866) 542-6538

Attorneys for Defendant
FORD MOTOR COMPANY

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SAN FRANCISCO

HAROLD KOEPKE, et al.,
Plaintiffs,
vs.

AMERICAN HONDA MOTOR
COMPANY, et al.,

Defendants,

Case No, CGC-13-276217

APPLICATION AND DECLARATION OF
JOHN R. HENDERSON IN SUPPORT OF
DEFENDANT FORD MOTOR
COMPANY’S APPLICATION FOR AN
ORDER GRANTING PRO HAC VICE
APPLICATION

Complaint Filed: December 3, 2013
Trial Date: June 16, 2014

Judge: Hon. Teri L. Jackson
Dept.: 503

I, John R. Henderson, declare as follows:

1 J request leave of the Court to appear in the above-captioned action as counsel pro

hac vice for the limited purpose of appearing on behalf of Defendant Ford Motor Company at

deposition. I will associate as counsel with the law firm of Nixon Peabody LLP, counsel of record

for Defendant Ford Motor Company in the matter herein. | am familiar with the facts set forth

149947041

-1-

APPLICATION AND DECLARATION OF JOHN R. HENDERSON IN SUPPORT OF DEFENDANT FORD
MOTOR COMPANY’S APPLICATION FOR ORDER GRANTING PRO HAC VICE APPLICATIONherein and would competently testify thereto if called upon as a witness,

2. Tam not a member of the State Bar of California.

3. Jam a member in good standing of the state bar of Texas (Texas Bar No.
09424200).

4, Tam not a resident of the State of California. 1 am not regularly employed in the
State of California. I am not regularly engaged in substantial business, professional, or other
activities in the State of California,

5. Tam a resident of Texas and my residence address is 4432 Fairfax Avenue, Dallas,
TX 75205
6. My office address is Wilson Elser Moskowitz Edelman & Dicker LLP, Bank of

America Plaza, 901 Main Street, Suite 4800, Dallas, Texas 75202-3758.

7. Tam admitted in good standing to practice in the following courts and my dates of
admission are as follows:

a United States Court of Appeals for the Fifth Circuit, admitted October 1, 1981;

b. United States District Court for the Northern District of Texas, admitted December

4, 1976;

United States District Court for the Eastern District of Texas, admitted December
8, 1981;

d. United States District Court for the Western District of Texas, admitted February
23, 1983; and

e. United States District Court for the Southern District of Texas, admitted September
14, 1988.

8. I am not currently suspended or disbarred from practicing in any court.

9. In the past two years, I have not filed an application to appear as counsel pro hac

vice in California,
10. Tam familiar and shall comply with the standards of professional conduct required
of members of the State Bar of California, I understand that I will be subject to the disciplinary

jurisdiction of the State Bar of California with respect to any of my acts occurring in the course of

149947041 2.

APPLICATION AND DECLARATION OF JOHN R. HENDERSON IN SUPPORT OF DEFENDANT FORD
MOTOR COMPANY’S APPLICATION FOR ORDER GRANTING PRO HAC VICE APPLICATIONmy appearance pro hac vice.

ll. [have associated with Ronald F. Lopez, Ross M. Petty and Scott S. Shepardson,
who are active members of the State Bar of California, to represent Defendant, Ford Motor
Company. Mr. Lopez and Mr. Petty are partners with the law firm of Nixon Peabody LLP, One
Embarcadero Center, 18" Floor, San Francisco, California; telephone (415) 984-8200, Mr.
Shepardson js a senior associate at Nixon Peabody LLP.

12. Concurrent with the filing of this Application, I have caused the requisite fee of
$50.00 to be tendered to the California State Bar and a service copy of this Declaration and
supporting motion to be mailed to it as well.

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct and that this declaration was executed on May ae + 2014, at

14994704,1 Be

APPLICATION AND DECLARATION OF JOHN R. HENDERSON IN SUPPORT OF DEFENDANT FORD
MOTOR COMPANY’S APPLICATION FOR ORDER GRANTING PRO HAC VICE APPLICATIONEXHIBIT BScott S. Shepardson
Associate

: . T 415-984-8268
» PEABODY oe sshepardson@nixonpeabody.com

One Embareacera Center, [8th Floor
San Francisco, CA 94111-3600
435-984-8200

May 28, 2014

VIA HAND-DELIVERY AND FACSIMILE,

Ms, Carole Bosch

KAZAN, McCLAIN, LYONS, GREENWOOD & HARLEY PLC
55 Harrison Street, Suite 400

Oakland, CA 94607

Fax; (S10) 835-4913

RE: Herold Koepke, et at. vy. Ford Motor Company, ef al.
San Franciseo County Superior Court, Case No. CGC-13-276217
Our Client: Ford Motor Company

Dear Ms. Basch:

Pivase take notice that on Thursday, May 29, 2014, at 11:00 a.m., Ford Motor Company will
appear ey parte in Department 503 of the San Francisco County Superior Court, to apply for
an order granting the Pro Hac Vice Application of John Henderson

Please let me know by no Jater than 4:00 p.m., on Wednesday, May 28, 2014, if you intend to
oppose this application.

Scatt S. Shepardson
Karl K. Sung
Associate

SSS

ce: Defense Counsel“KITGRNEY OR PARTY WITHOUT ATTORNEY (name and Address) FOR COURT USE GNLY
Scott . Shapardson

NIXON PEABOBY LLP

‘One Erribaroader Center, 18° Floor

San Francisco, CA 94111

Telephone No.: (445) 984-8200

Altorney(s) for:

Ref 3246274 .

( SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO

HAROLD KOEPKE, et al

v. FORD MOTOR COMPANY, et al,

PROOF OF SERVICE | OAT Te: [ wT Geers oyeot

nett tea timed

1. At the time of service | was at least 18 years of age and not a party to this action, and | served copies of the:
LETTER TO MS. CAROLE BOSCH AT KAZAN, McCLAIN, LYONS, GREENWOOD & HARLEY PLC DATED

512872014,
2. a, Party served: KAZAN, McCLAIN, LYONS, GREENWOOD & HARLEY PLC
b, Witness served: JOYCE FOSTER, SECRETARY

cs, Address: 55 HARRISON STREET, SUITE 400
OAKLAND, CA $4607

3. | served the party named in item 2a, by personally delivering the copies to ihe person served as follows:

(thon: 5/28/2014 (2) at 10:25 AM

4. | received this document for service on (date): 5/28/2014

5. Person Who Served Papers:
a. DAVID RAMIREZ d. The Fee for service was $
b. Service Provided for:
NATIONWIDE LEGAL, LLC
859 HARRISON STREET, SUITE A
SAN FRANCISCO, CALIFORNIA 94107 (LA 12-234648)
c. (418) 351-0400

6. | declare under penalty of perjury under the laws of the State of California that the foregoing Is true and correct.

Date: May 28, 2014

Rule 982(a)(23) Judicial Council of California
PROOF OF SERVICEEXHIBIT CNIXON Sa? Keane
PEABODY sas

ksung@nixonpeabody.com

One Embarcadero Center, 18th Floor
San Francisco, CA 94131-3600
445-984-8200

May 28, 2014

VIA FED EX OVERNIGHT DELIVERY

Pro Hac Vice Program

The State Bar of California
180 Howard Street

San Francisco, CA 94105

RE: Harold Koepke, et al. v. Ford Motor Company, et al.
San Francisco County Superier Court, Case No, CGC-13-276217
Our Client: Ford Motor Company
Dear Sir or Madam:

Enclosed please find the following:

1. Application and Declaration of John R. Henderson in Support of Defendant Ford
Motor Company's Application for an Order Granting Pro Hac Vice Application; and

2. Defendant Ford Motor Company’s £x Parte Application for an Order Granting
John R. Henderson’s Application to Appear as Counsel Pro Hae Vice.

Also enclosed please find Nixon Peabody’s check for $50.00 in payment for John Henderson, Esq.,
together with a stamped, self-addressed envelope to use for return of the confirmation of admission to
our office.

Thanks very much,

Enclosures

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wLOceZsPROOF OF SERVICE BY FILE & SERVEXPRESS

Harold Koepke, et al. v. Ford Motor Company, et al.
SFSC CASE NO. CGC-13-276217
lam over the age of 18 and not a party to the within action. | am employed in the County
of San Francisco, State of California by Nixon Peabody LLP. My business address is One
Embarcadero Center, 18" Floor, San Francisco, California 94111.
On May 28, 2014, I served the following entitled documents:

DECLARATION OF SCOTT S, SHEPARDSON IN SUPPORT OF DEFENDANT
FORD MOTOR COMPANY'S EX PARTE APPLICATION

on the recipients designated on the Transaction Receipt located on the File & ServeXpress
Website, I declare under the penalty of perjury pursuant to the law of the State of California that

the foregoing is true and correct and was executed on May 28, 2014, at San Francisco, CA

43664-4837

148452497 PROOF OF SERVICE