Preview
1 Alex Beroukhim (SBN 220722)
alex.beroukhim@arnoldporter.com
2 ARNOLD & PORTER KAYE SCHOLER LLP
777 South Figueroa Street, 44th Floor
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Los Angeles, CA 90017-5844
4 Telephone: (213) 243-4000
Facsimile: (213) 243-4199
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Danny Tobey (pro hac vice forthcoming)
6 danny.tobey@dlapiper.com
DLA PIPER LLP
7
1900 N Pearl St, Suite 2200
8 Dallas, TX 75201-2482
Telephone: (214) 743-4500
9 Facsimile: (214) 743-4545
10 Attorneys for Defendants Sanofi US Services Inc. and
11 Sanofi-Aventis U.S. LLC
12 (Specially Appearing Solely for Purpose of Challenging Jurisdiction)
13 SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF ALAMEDA
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IN RE RANITIDINE CASES No. JCCP005150
16 Case No. RG20061705 et al. (Alameda
County)
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18 SPECIALLY APPEARING
DEFENDANTS SANOFI US
19 SERVICES INC. AND SANOFI-
AVENTIS U.S. LLC’S NOTICE OF
20 UNOPPOSED MOTION AND
UNOPPOSED MOTION FOR ORDER
21 ALLOWING DANNY TOBEY TO
SPECIALLY APPEAR AS COUNSEL
22 PRO HAC VICE; MEMORANDUM
OF POINTS AND AUTHORITIES;
23 DECLARATION IN SUPPORT
THEREOF
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Reservation ID: 213058061103
25 Judge: Evelio Grillo
Department: 21
26 Hearing Date: November 15, 2022
Hearing Time: 10:00 a.m.
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SPECIALLY APPEARING DEFENDANTS SANOFI US SERVICES INC. AND SANOFI-AVENTIS U.S. LLC’S
NOTICE OF UNOPPPOSED MOTION FOR ORDER ALLOWING DANNY TOBEY TO SPECIALLY APPEAR AS
COUNSEL PRO HAC VICE
1 NOTICE OF MOTION
2 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
3 PLEASE TAKE NOTICE that on November 15, 2022 at 10:00 a.m. in Department 21 of the
4 above-titled court, located at 1221 Oak Street, Oakland, California 94612, Specially Appearing
5 Defendants Sanofi US Services Inc. and Sanofi-Aventis U.S. LLC (collectively, “Sanofi”) hereby
6 apply for an order allowing Danny Tobey of DLA Piper LLP to specially appear as counsel pro hac
7 vice on their behalf in the above-entitled matter. A copy of Danny Tobey’s pro hac vice application
8 is attached as Exhibit A to the Declaration of Alex Beroukhim. This Motion will be filed on October
9 14, 2022 in Department 21 before the Honorable Evelio Grillo.
10 This Motion is made pursuant to California Rule of Court 9.40 and is based on this Notice of
11 Unopposed Motion, the Memorandum of Points and Authorities in Support Thereof, the Declaration
12 of Alex Beroukhim (“Beroukhim Decl.”), including the pro hac vice application of Danny Tobey
13 attached thereto as Exhibit A, the Proposed Order, and all pleadings, records and files herein.
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15 DATED: October 13, 2022 Arnold & Porter Kaye Scholer LLP
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/s/ Alex Beroukhim
17 ALEX BEROUKHIM (SBN 220722)
18 Attorney for Specially Appearing Defendants
Sanofi US Services Inc. and Sanofi-Aventis U.S.
19 LLC
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SPECIALLY APPEARING DEFENDANTS SANOFI US SERVICES INC. AND SANOFI-AVENTIS U.S. LLC’S
NOTICE OF UNOPPOSED MOTION FOR ORDER ALLOWING FOR DANNY TOBEY TO SPECIALLY
APPEAR AS COUNSEL PRO HAC VICE
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 California Rule of Court 9.40 allows out-of-state counsel to appear pro hac vice, provided
3 out-of-state counsel is a member of good standing and eligible to practice before the bar of any United
4 States Court or of the highest court of any state, and an active member of the State Bar of California
5 is associated as counsel of record.
6 Danny Tobey is admitted to practice before, and is a member in good standing of the bar of
7 the highest court of Texas, and was admitted to that bar on May 5, 2005. He is also admitted to
8 practice law before the United States District Courts for the Northern District of Texas (admitted on
9 June 3, 2005), the Eastern District of Texas (admitted on January 7, 2009) and the Western District
10 of Texas (admitted on April 12, 2016). He has not been admitted to any other courts. Application of
11 Danny Tobey, filed herewith (“Tobey App.”) ¶ 5.
12 Sanofi US Services Inc. and Sanofi-Aventis U.S. LLC have retained Mr. Tobey to provide
13 legal services in connection with this matter and request that he appear at appropriate proceedings in
14 this case.
15 Rule 9.40(a) also requires the association of an active member of the State Bar of California
16 as attorney of record. The association of Alex Beroukhim with Mr. Tobey meets this criterion. See
17 Declaration of Alex Beroukhim, filed herewith (“Beroukhim Decl.”) ¶ 2; Tobey App. ¶ 9.
18 The Court has the discretion to approve the appearance pro hac vice of out-of-state counsel as
19 long as the applicant (a) is not a resident of California; (b) is not regularly employed in California;
20 and (c) is not regularly engaged in substantial business, professional, or other activities within
21 California. Cal. Court Rule 9.40(a). The Court is within its discretion in approving the appearance
22 of Mr. Tobey because none of the above impediments exists for him. See Tobey App. ¶ 7.
23 Additionally, Mr. Tobey has complied with the requirements of Rule 9.40(e) and the
24 regulations of the State Bar of California (“State Bar”), including the payment of a fee of fifty dollars
25 ($50.00) to the State Bar and providing notice to the State Bar of this Application. A copy of the
26 payment to the State Bar of California is attached to the Beroukhim Declaration as Exhibit B. See
27 also Beroukhim Decl. ¶ 4.
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SPECIALLY APPEARING DEFENDANTS SANOFI US SERVICES INC. AND SANOFI-AVENTIS U.S. LLC’S
NOTICE OF UNOPPOSED MOTION FOR ORDER ALLOWING FOR DANNY TOBEY TO SPECIALLY
APPEAR AS COUNSEL PRO HAC VICE
1 For all the forgoing reasons, Sanofi respectfully requests that this Court grant the Application
2 for Danny Tobey to specially appear pro hac vice on behalf of them in this matter.
3 DATED: October 13, 2022 ARNOLD & PORTER KAYE SCHOLER LLP
4
5 By: /s/ Alex Beroukhim
ALEX BEROUKHIM
6
Alex Beroukhim (SBN 220722)
7 alex.beroukhim@arnoldporter.com
ARNOLD & PORTER KAYE SCHOLER
8 LLP
777 South Figueroa Street, 44th Floor
9 Los Angeles, CA 90017-5844
Telephone: (213) 243-4000
10 Facsimile: (213) 243-4199
11 Attorney for Specially Appearing Defendants
Sanofi US Services Inc. and Sanofi-Aventis U.S.
12 LLC
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SPECIALLY APPEARING DEFENDANTS SANOFI US SERVICES INC. AND SANOFI-AVENTIS U.S. LLC’S
NOTICE OF UNOPPOSED MOTION FOR ORDER ALLOWING FOR DANNY TOBEY TO SPECIALLY
APPEAR AS COUNSEL PRO HAC VICE
1 DECLARATION OF ALEX BEROUKHIM
2 I, ALEX BEROUKHIM, declare:
3 1. I am an attorney at law, duly licensed to practice before all courts of the State of
4 California and have at all times since October 23, 2002, been an active member in good standing of
5 the California State Bar (“State Bar”). My California State Bar number is 220722. I make this
6 declaration based upon personal knowledge or, where stated, information and belief, as to the facts
7 herein. If called as a witness, I could and would competently testify thereto.
8 2. I am a partner at Arnold & Porter Kaye Scholer LLP, attorneys for Sanofi US Services
9 Inc. and Sanofi-Aventis U.S. LLC (collectively, “Sanofi”). As counsel of record for Sanofi, I am
10 actively involved in this matter and consent to the association of Danny Tobey as counsel of record.
11 3. The address of the firm Arnold & Porter Kaye Scholer LLP is 777 South Figueroa
12 Street, 44th Floor, Los Angeles, CA 90017-5844. The telephone number is (213) 243-4000.
13 4. Danny Tobey has complied with the requirements of Rule 9.40 and the regulations of
14 the State Bar, including paying a fee of fifty dollars to the State Bar and providing notice to the State
15 Bar of this Application. A true and correct copy of Mr. Tobey’s Application is attached as Exhibit
16 A, and a true and correct copy of the payment to the State Bar of California is attached as Exhibit B.
17 5. On October 13, 2022, counsel for Plaintiffs consented to the pro hac vice admission
18 of Danny Tobey and do not oppose this application. A true and correct copy of this correspondence
19 is attached as Exhibit C.
20 I declare under penalty of perjury under the laws of the State of California that the foregoing
21 is true and correct.
22 Executed this 13th day of October, 2022 at Los Angeles, California.
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24 /s/ Alex Beroukhim
ALEX BEROUKHIM
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SPECIALLY APPEARING DEFENDANTS SANOFI US SERVICES INC. AND SANOFI-AVENTIS U.S. LLC’S
NOTICE OF UNOPPOSED MOTION FOR ORDER ALLOWING FOR DANNY TOBEY TO SPECIALLY
APPEAR AS COUNSEL PRO HAC VICE
EXHIBIT A
1 APPLICATION OF DANNY TOBEY
2 I, DANNY TOBEY, declare:
3 1. I hereby request leave of this Court to specially appear pro hac vice as counsel
4 for Sanofi US Services Inc. and Sanofi-Aventis U.S. LLC (collectively, “Sanofi”). Sanofi has
5 retained my law firm, DLA Piper LLP, in connection with this proceeding.
6 2. I have personal knowledge of the matters stated in this Application and could
7 competently testify thereto if called as a witness.
8 3. My office is located at 1900 N Pearl St, Suite 2200, Dallas, TX 75201-2482. My
9 office telephone number is (214) 743-4500.
10 4. My Home address is 2924 Milton Avenue, Dallas, TX 75205.
11 5. I am an active member in good standing of the bar of the highest court of Texas and
12 was admitted to that bar on May 5, 2005. I am also admitted to practice law before the United States
13 District Courts for the Northern District of Texas (admitted on June 3, 2005), the Eastern District
14 of Texas (admitted on January 7, 2009) and the Western District of Texas (admitted on April 12,
15 2016). I have not been admitted to any other court.
16 6. I am currently in good standing of the bars of each court listed above and have
17 not been suspended or disbarred from any court. I have never had a request for pro hac vice
18 admission denied or revoked.
19 7. I am neither a resident of California nor regularly employed nor engaged in
20 substantial business, professional, or other activities in California. I am not a member of the
21 State Bar of California.
22 8. I have not filed an application to appear as counsel pro hac vice in California in
23 the preceding two years.
24 9. Alex Beroukhim (State bar No. 220722) is a member in good standing of the Bar
25 of California and will be present and participate in a meaningful and substantial manner throughout
26 the proceedings in this matter.
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SPECIALLY APPEARING DEFENDANTS SANOFI US SERVICES INC. AND SANOFI-AVENTIS U.S. LLC’S
NOTICE OF UNOPPOSED MOTION FOR ORDER ALLOWING FOR DANNY TOBEY TO SPECIALLY APPEAR
AS COUNSEL PRO HAC VICE
1 10. Alex Beroukhim is a partner with the law firm Arnold & Porter Kaye Scholer
2 LLP, located at 777 South Figueroa, Forty-Fourth Floor, Los Angeles, California 90017-5844.
3 11. I acknowledge that if permitted to appear as counsel pro hac vice that I will be subject
4 to the jurisdiction of the courts of this State with respect to the law of this State governing the conduct
5 of attorneys to the same extent as a member of the State Bar of California. I have familiarized myself,
6 and will comply with, the standards of professional conduct required of members of the State Bar
7 of California and acknowledge that I will be subject to the disciplinary jurisdiction of the State Bar
8 with respect to any of my acts occurring in the course of such appearance.
9 12. I have attached proof of service by mail in accordance with California Code of Civil
10 Procedure section 1013(a) of a copy of the Application on all parties who have appeared in the case
11 and on the State Bar of California at its San Francisco office.
12 I declare under penalty of perjury under the laws of the State of California that the foregoing
13 is true and correct.
14 Executed on the 11th day of October, 2022 at Dallas, TX.
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/s/ Danny Tobey
17 Danny Tobey
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SPECIALLY APPEARING DEFENDANTS SANOFI US SERVICES INC. AND SANOFI-AVENTIS U.S. LLC’S
NOTICE OF UNOPPOSED MOTION FOR ORDER ALLOWING FOR DANNY TOBEY TO SPECIALLY
APPEAR AS COUNSEL PRO HAC VICE
EXHIBIT B
From: State Bar of California - Admissions
To: Williams, Skylar
Subject: State Bar Of California* Payment Has Been Received
Date: Thursday, October 13, 2022 1:43:39 PM
External E-mail
Dear Skylar Williams,
Thank you for submitting your payment. It is currently being processed. Please
allow 7 days for the bank to verify and process the payment. If there are any
issues with your payment, you will be notified directly. A detailed breakdown of
your transaction is below:
Application Type :
Service Fee : $ 1.25
Total Paid Amount : $ 51.25
Payment Date : 10/13/2022
Sincerely,
State Bar Of California*
180 Howard St.
San Francisco, CA 94105
US
Please do not reply to this message. This email is not regularly monitored.
State Bar Of California*, 180 Howard St., San Francisco, CA 94105, US
EXHIBIT C
From: Foster, Adam
To: Williams, Skylar; Jennifer Moore; Wisner, R. Brent; Tokar, Helen; James, Harrison; Villafuerte, Alexandra; Andie
Camden; Ashton Smith; Joseph Schwamb; Mary Oost
Cc: Beroukhim, Alex
Subject: Re: Ranitidine JCCP 5150 - Pro Hac Application for Danny Tobey
Date: Thursday, October 13, 2022 10:12:53 AM
Attachments: image001.png
External E-mail
That’s fine.
From: Williams, Skylar
Date: Thursday, October 13, 2022 at 9:40 AM
To: Foster, Adam , Jennifer Moore
, Wisner, R. Brent ,
Tokar, Helen , James, Harrison
, Villafuerte, Alexandra
, Andie Camden , Ashton
Smith , Joseph Schwamb ,
Mary Oost
Cc: Beroukhim, Alex
Subject: RE: Ranitidine JCCP 5150 - Pro Hac Application for Danny Tobey
All,
The specifically appearing Sanofi defendants intend to file one other pro hac vice application in the
JCCP this week. This one for Danny Tobey, an attorney in DLA Piper’s Dallas office. Would you please
let us know if we can represent to the Court that the application is unopposed?
Thank you,
Skylar
_______________
Skylar Williams
Associate | Bio
777 South Figueroa Street | 44th Floor
Los Angeles, CA 90017-5844
T: +1 213.243.4298
Skylar.Williams@arnoldporter.com
www.arnoldporter.com | LinkedIn | Twitter
From: Foster, Adam
Sent: Monday, October 10, 2022 12:12 PM
To: Williams, Skylar ; Jennifer Moore
; Wisner, R. Brent ; Tokar,
1 PROOF OF SERVICE
2 I am over eighteen years of age and not a party to this action. I am employed in the County of
3 San Francisco, State of California. My business address is Three Embarcadero Center, Tenth Floor,
4 San Francisco, California 94111.
5 On October 14, 2022, I served the following document(s):
6 SPECIALLY APPEARING DEFENDANTS SANOFI US SERVICES INC. AND
SANOFI-AVENTIS U.S. LLC’S NOTICE OF UNOPPOSED MOTION AND
7 UNOPPOSED MOTION FOR ORDER ALLOWING DANNY TOBEY TO
SPECIALLY APPEAR AS COUNSEL PRO HAC VICE; MEMORANDUM OF
8 POINTS AND AUTHORITIES; DECLARATION IN SUPPORT THEREOF
9 [PROPOSED] ORDER GRANTING SPECIALLY APPEARING DEFENDANTS
SANOFI US SERVICES INC. AND SANOFI-AVENTIS U.S. LLC’S UNOPPOSED
10 MOTION FOR ORDER ALLOWING DANNY TOBEY TO SPECIALLY APPEAR
AS COUNSEL PRO HAC VICE
11
The document(s) were served by the following means:
12
BY ELECTRONIC SERVICE: Pursuant to Court Order Authorizing Electronic Service, I
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provided the document(s) listed above electronically on the CASE ANYWHERE Website to the
14
parties on the Service List maintained on the CASE ANYWHERE Website for this case. Case
15
Anywhere is the on-line e-service provider designated in this case.
16
I declare under penalty of perjury under the laws of the State of California that the foregoing
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is true and correct.
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19 Dated: October 14, 2022 Signature: __________________________________
20 Delicia E. Soza
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PROOF OF SERVICE
Superior Court of Alameda County Public Portal
Make a Reservation
Goetz VS Glaxo Smith Kline, LLC
Case Number: RG20061705 Case Type: Unlimited Civil Category: Product Liability (not asbestos or
toxic/environmental)
Date Filed: 2020-05-11 Location: Rene C. Davidson Courthouse - Department 21
Reservation
Case Name: Case Number:
Goetz VS Glaxo Smith Kline, LLC RG20061705
Type: Status:
Motion to Be Admitted Pro Hac Vice RESERVED
Filing Party: Location:
Sanofi US Services, Inc. (Defendant) Rene C. Davidson Courthouse - Department 21
Date/Time: Number of Motions:
11/15/2022 10:00 AM 1
Reservation ID: Confirmation Code:
213058061103 CR-BIH74QRNWWJBW95XQ
Fees
Description Fee Qty Amount
Motion to Be Admitted Pro Hac Vice 0.00 1 0.00
Court Technology Fee 1.00 1 1.00
TOTAL $1.00
Payment
Amount: Type:
$1.00 Visa
Account Number: Authorization:
XXXX3529 012616
Payment Date:
1969-12-31
Print Receipt + Reserve Another Hearing View My Reservations
Terms of Service
Preview
1 Alex Beroukhim (SBN 220722) alex.beroukhim@arnoldporter.com 2 ARNOLD & PORTER KAYE SCHOLER LLP 777 South Figueroa Street, 44th Floor 3 Los Angeles, CA 90017-5844 4 Telephone: (213) 243-4000 Facsimile: (213) 243-4199 5 Danny Tobey (pro hac vice forthcoming) 6 danny.tobey@dlapiper.com DLA PIPER LLP 7 1900 N Pearl St, Suite 2200 8 Dallas, TX 75201-2482 Telephone: (214) 743-4500 9 Facsimile: (214) 743-4545 10 Attorneys for Defendants Sanofi US Services Inc. and 11 Sanofi-Aventis U.S. LLC 12 (Specially Appearing Solely for Purpose of Challenging Jurisdiction) 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 IN AND FOR THE COUNTY OF ALAMEDA 15 IN RE RANITIDINE CASES No. JCCP005150 16 Case No. RG20061705 et al. (Alameda County) 17 18 SPECIALLY APPEARING DEFENDANTS SANOFI US 19 SERVICES INC. AND SANOFI- AVENTIS U.S. LLC’S NOTICE OF 20 UNOPPOSED MOTION AND UNOPPOSED MOTION FOR ORDER 21 ALLOWING DANNY TOBEY TO SPECIALLY APPEAR AS COUNSEL 22 PRO HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES; 23 DECLARATION IN SUPPORT THEREOF 24 Reservation ID: 213058061103 25 Judge: Evelio Grillo Department: 21 26 Hearing Date: November 15, 2022 Hearing Time: 10:00 a.m. 27 28 SPECIALLY APPEARING DEFENDANTS SANOFI US SERVICES INC. AND SANOFI-AVENTIS U.S. LLC’S NOTICE OF UNOPPPOSED MOTION FOR ORDER ALLOWING DANNY TOBEY TO SPECIALLY APPEAR AS COUNSEL PRO HAC VICE 1 NOTICE OF MOTION 2 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 3 PLEASE TAKE NOTICE that on November 15, 2022 at 10:00 a.m. in Department 21 of the 4 above-titled court, located at 1221 Oak Street, Oakland, California 94612, Specially Appearing 5 Defendants Sanofi US Services Inc. and Sanofi-Aventis U.S. LLC (collectively, “Sanofi”) hereby 6 apply for an order allowing Danny Tobey of DLA Piper LLP to specially appear as counsel pro hac 7 vice on their behalf in the above-entitled matter. A copy of Danny Tobey’s pro hac vice application 8 is attached as Exhibit A to the Declaration of Alex Beroukhim. This Motion will be filed on October 9 14, 2022 in Department 21 before the Honorable Evelio Grillo. 10 This Motion is made pursuant to California Rule of Court 9.40 and is based on this Notice of 11 Unopposed Motion, the Memorandum of Points and Authorities in Support Thereof, the Declaration 12 of Alex Beroukhim (“Beroukhim Decl.”), including the pro hac vice application of Danny Tobey 13 attached thereto as Exhibit A, the Proposed Order, and all pleadings, records and files herein. 14 15 DATED: October 13, 2022 Arnold & Porter Kaye Scholer LLP 16 /s/ Alex Beroukhim 17 ALEX BEROUKHIM (SBN 220722) 18 Attorney for Specially Appearing Defendants Sanofi US Services Inc. and Sanofi-Aventis U.S. 19 LLC 20 21 22 23 24 25 26 27 28 -2- SPECIALLY APPEARING DEFENDANTS SANOFI US SERVICES INC. AND SANOFI-AVENTIS U.S. LLC’S NOTICE OF UNOPPOSED MOTION FOR ORDER ALLOWING FOR DANNY TOBEY TO SPECIALLY APPEAR AS COUNSEL PRO HAC VICE 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 California Rule of Court 9.40 allows out-of-state counsel to appear pro hac vice, provided 3 out-of-state counsel is a member of good standing and eligible to practice before the bar of any United 4 States Court or of the highest court of any state, and an active member of the State Bar of California 5 is associated as counsel of record. 6 Danny Tobey is admitted to practice before, and is a member in good standing of the bar of 7 the highest court of Texas, and was admitted to that bar on May 5, 2005. He is also admitted to 8 practice law before the United States District Courts for the Northern District of Texas (admitted on 9 June 3, 2005), the Eastern District of Texas (admitted on January 7, 2009) and the Western District 10 of Texas (admitted on April 12, 2016). He has not been admitted to any other courts. Application of 11 Danny Tobey, filed herewith (“Tobey App.”) ¶ 5. 12 Sanofi US Services Inc. and Sanofi-Aventis U.S. LLC have retained Mr. Tobey to provide 13 legal services in connection with this matter and request that he appear at appropriate proceedings in 14 this case. 15 Rule 9.40(a) also requires the association of an active member of the State Bar of California 16 as attorney of record. The association of Alex Beroukhim with Mr. Tobey meets this criterion. See 17 Declaration of Alex Beroukhim, filed herewith (“Beroukhim Decl.”) ¶ 2; Tobey App. ¶ 9. 18 The Court has the discretion to approve the appearance pro hac vice of out-of-state counsel as 19 long as the applicant (a) is not a resident of California; (b) is not regularly employed in California; 20 and (c) is not regularly engaged in substantial business, professional, or other activities within 21 California. Cal. Court Rule 9.40(a). The Court is within its discretion in approving the appearance 22 of Mr. Tobey because none of the above impediments exists for him. See Tobey App. ¶ 7. 23 Additionally, Mr. Tobey has complied with the requirements of Rule 9.40(e) and the 24 regulations of the State Bar of California (“State Bar”), including the payment of a fee of fifty dollars 25 ($50.00) to the State Bar and providing notice to the State Bar of this Application. A copy of the 26 payment to the State Bar of California is attached to the Beroukhim Declaration as Exhibit B. See 27 also Beroukhim Decl. ¶ 4. 28 -3- SPECIALLY APPEARING DEFENDANTS SANOFI US SERVICES INC. AND SANOFI-AVENTIS U.S. LLC’S NOTICE OF UNOPPOSED MOTION FOR ORDER ALLOWING FOR DANNY TOBEY TO SPECIALLY APPEAR AS COUNSEL PRO HAC VICE 1 For all the forgoing reasons, Sanofi respectfully requests that this Court grant the Application 2 for Danny Tobey to specially appear pro hac vice on behalf of them in this matter. 3 DATED: October 13, 2022 ARNOLD & PORTER KAYE SCHOLER LLP 4 5 By: /s/ Alex Beroukhim ALEX BEROUKHIM 6 Alex Beroukhim (SBN 220722) 7 alex.beroukhim@arnoldporter.com ARNOLD & PORTER KAYE SCHOLER 8 LLP 777 South Figueroa Street, 44th Floor 9 Los Angeles, CA 90017-5844 Telephone: (213) 243-4000 10 Facsimile: (213) 243-4199 11 Attorney for Specially Appearing Defendants Sanofi US Services Inc. and Sanofi-Aventis U.S. 12 LLC 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- SPECIALLY APPEARING DEFENDANTS SANOFI US SERVICES INC. AND SANOFI-AVENTIS U.S. LLC’S NOTICE OF UNOPPOSED MOTION FOR ORDER ALLOWING FOR DANNY TOBEY TO SPECIALLY APPEAR AS COUNSEL PRO HAC VICE 1 DECLARATION OF ALEX BEROUKHIM 2 I, ALEX BEROUKHIM, declare: 3 1. I am an attorney at law, duly licensed to practice before all courts of the State of 4 California and have at all times since October 23, 2002, been an active member in good standing of 5 the California State Bar (“State Bar”). My California State Bar number is 220722. I make this 6 declaration based upon personal knowledge or, where stated, information and belief, as to the facts 7 herein. If called as a witness, I could and would competently testify thereto. 8 2. I am a partner at Arnold & Porter Kaye Scholer LLP, attorneys for Sanofi US Services 9 Inc. and Sanofi-Aventis U.S. LLC (collectively, “Sanofi”). As counsel of record for Sanofi, I am 10 actively involved in this matter and consent to the association of Danny Tobey as counsel of record. 11 3. The address of the firm Arnold & Porter Kaye Scholer LLP is 777 South Figueroa 12 Street, 44th Floor, Los Angeles, CA 90017-5844. The telephone number is (213) 243-4000. 13 4. Danny Tobey has complied with the requirements of Rule 9.40 and the regulations of 14 the State Bar, including paying a fee of fifty dollars to the State Bar and providing notice to the State 15 Bar of this Application. A true and correct copy of Mr. Tobey’s Application is attached as Exhibit 16 A, and a true and correct copy of the payment to the State Bar of California is attached as Exhibit B. 17 5. On October 13, 2022, counsel for Plaintiffs consented to the pro hac vice admission 18 of Danny Tobey and do not oppose this application. A true and correct copy of this correspondence 19 is attached as Exhibit C. 20 I declare under penalty of perjury under the laws of the State of California that the foregoing 21 is true and correct. 22 Executed this 13th day of October, 2022 at Los Angeles, California. 23 24 /s/ Alex Beroukhim ALEX BEROUKHIM 25 26 27 28 -5- SPECIALLY APPEARING DEFENDANTS SANOFI US SERVICES INC. AND SANOFI-AVENTIS U.S. LLC’S NOTICE OF UNOPPOSED MOTION FOR ORDER ALLOWING FOR DANNY TOBEY TO SPECIALLY APPEAR AS COUNSEL PRO HAC VICE EXHIBIT A 1 APPLICATION OF DANNY TOBEY 2 I, DANNY TOBEY, declare: 3 1. I hereby request leave of this Court to specially appear pro hac vice as counsel 4 for Sanofi US Services Inc. and Sanofi-Aventis U.S. LLC (collectively, “Sanofi”). Sanofi has 5 retained my law firm, DLA Piper LLP, in connection with this proceeding. 6 2. I have personal knowledge of the matters stated in this Application and could 7 competently testify thereto if called as a witness. 8 3. My office is located at 1900 N Pearl St, Suite 2200, Dallas, TX 75201-2482. My 9 office telephone number is (214) 743-4500. 10 4. My Home address is 2924 Milton Avenue, Dallas, TX 75205. 11 5. I am an active member in good standing of the bar of the highest court of Texas and 12 was admitted to that bar on May 5, 2005. I am also admitted to practice law before the United States 13 District Courts for the Northern District of Texas (admitted on June 3, 2005), the Eastern District 14 of Texas (admitted on January 7, 2009) and the Western District of Texas (admitted on April 12, 15 2016). I have not been admitted to any other court. 16 6. I am currently in good standing of the bars of each court listed above and have 17 not been suspended or disbarred from any court. I have never had a request for pro hac vice 18 admission denied or revoked. 19 7. I am neither a resident of California nor regularly employed nor engaged in 20 substantial business, professional, or other activities in California. I am not a member of the 21 State Bar of California. 22 8. I have not filed an application to appear as counsel pro hac vice in California in 23 the preceding two years. 24 9. Alex Beroukhim (State bar No. 220722) is a member in good standing of the Bar 25 of California and will be present and participate in a meaningful and substantial manner throughout 26 the proceedings in this matter. 27 28 SPECIALLY APPEARING DEFENDANTS SANOFI US SERVICES INC. AND SANOFI-AVENTIS U.S. LLC’S NOTICE OF UNOPPOSED MOTION FOR ORDER ALLOWING FOR DANNY TOBEY TO SPECIALLY APPEAR AS COUNSEL PRO HAC VICE 1 10. Alex Beroukhim is a partner with the law firm Arnold & Porter Kaye Scholer 2 LLP, located at 777 South Figueroa, Forty-Fourth Floor, Los Angeles, California 90017-5844. 3 11. I acknowledge that if permitted to appear as counsel pro hac vice that I will be subject 4 to the jurisdiction of the courts of this State with respect to the law of this State governing the conduct 5 of attorneys to the same extent as a member of the State Bar of California. I have familiarized myself, 6 and will comply with, the standards of professional conduct required of members of the State Bar 7 of California and acknowledge that I will be subject to the disciplinary jurisdiction of the State Bar 8 with respect to any of my acts occurring in the course of such appearance. 9 12. I have attached proof of service by mail in accordance with California Code of Civil 10 Procedure section 1013(a) of a copy of the Application on all parties who have appeared in the case 11 and on the State Bar of California at its San Francisco office. 12 I declare under penalty of perjury under the laws of the State of California that the foregoing 13 is true and correct. 14 Executed on the 11th day of October, 2022 at Dallas, TX. 15 16 /s/ Danny Tobey 17 Danny Tobey 18 19 20 21 22 23 24 25 26 27 28 -2- SPECIALLY APPEARING DEFENDANTS SANOFI US SERVICES INC. AND SANOFI-AVENTIS U.S. LLC’S NOTICE OF UNOPPOSED MOTION FOR ORDER ALLOWING FOR DANNY TOBEY TO SPECIALLY APPEAR AS COUNSEL PRO HAC VICE EXHIBIT B From: State Bar of California - Admissions To: Williams, Skylar Subject: State Bar Of California* Payment Has Been Received Date: Thursday, October 13, 2022 1:43:39 PM External E-mail Dear Skylar Williams, Thank you for submitting your payment. It is currently being processed. Please allow 7 days for the bank to verify and process the payment. If there are any issues with your payment, you will be notified directly. A detailed breakdown of your transaction is below: Application Type : Service Fee : $ 1.25 Total Paid Amount : $ 51.25 Payment Date : 10/13/2022 Sincerely, State Bar Of California* 180 Howard St. San Francisco, CA 94105 US Please do not reply to this message. This email is not regularly monitored. State Bar Of California*, 180 Howard St., San Francisco, CA 94105, US EXHIBIT C From: Foster, Adam To: Williams, Skylar; Jennifer Moore; Wisner, R. Brent; Tokar, Helen; James, Harrison; Villafuerte, Alexandra; Andie Camden; Ashton Smith; Joseph Schwamb; Mary Oost Cc: Beroukhim, Alex Subject: Re: Ranitidine JCCP 5150 - Pro Hac Application for Danny Tobey Date: Thursday, October 13, 2022 10:12:53 AM Attachments: image001.png External E-mail That’s fine. From: Williams, Skylar Date: Thursday, October 13, 2022 at 9:40 AM To: Foster, Adam , Jennifer Moore , Wisner, R. Brent , Tokar, Helen , James, Harrison , Villafuerte, Alexandra , Andie Camden , Ashton Smith , Joseph Schwamb , Mary Oost Cc: Beroukhim, Alex Subject: RE: Ranitidine JCCP 5150 - Pro Hac Application for Danny Tobey All, The specifically appearing Sanofi defendants intend to file one other pro hac vice application in the JCCP this week. This one for Danny Tobey, an attorney in DLA Piper’s Dallas office. Would you please let us know if we can represent to the Court that the application is unopposed? Thank you, Skylar _______________ Skylar Williams Associate | Bio 777 South Figueroa Street | 44th Floor Los Angeles, CA 90017-5844 T: +1 213.243.4298 Skylar.Williams@arnoldporter.com www.arnoldporter.com | LinkedIn | Twitter From: Foster, Adam Sent: Monday, October 10, 2022 12:12 PM To: Williams, Skylar ; Jennifer Moore ; Wisner, R. Brent ; Tokar, 1 PROOF OF SERVICE 2 I am over eighteen years of age and not a party to this action. I am employed in the County of 3 San Francisco, State of California. My business address is Three Embarcadero Center, Tenth Floor, 4 San Francisco, California 94111. 5 On October 14, 2022, I served the following document(s): 6 SPECIALLY APPEARING DEFENDANTS SANOFI US SERVICES INC. AND SANOFI-AVENTIS U.S. LLC’S NOTICE OF UNOPPOSED MOTION AND 7 UNOPPOSED MOTION FOR ORDER ALLOWING DANNY TOBEY TO SPECIALLY APPEAR AS COUNSEL PRO HAC VICE; MEMORANDUM OF 8 POINTS AND AUTHORITIES; DECLARATION IN SUPPORT THEREOF 9 [PROPOSED] ORDER GRANTING SPECIALLY APPEARING DEFENDANTS SANOFI US SERVICES INC. AND SANOFI-AVENTIS U.S. LLC’S UNOPPOSED 10 MOTION FOR ORDER ALLOWING DANNY TOBEY TO SPECIALLY APPEAR AS COUNSEL PRO HAC VICE 11 The document(s) were served by the following means: 12 BY ELECTRONIC SERVICE: Pursuant to Court Order Authorizing Electronic Service, I 13 provided the document(s) listed above electronically on the CASE ANYWHERE Website to the 14 parties on the Service List maintained on the CASE ANYWHERE Website for this case. Case 15 Anywhere is the on-line e-service provider designated in this case. 16 I declare under penalty of perjury under the laws of the State of California that the foregoing 17 is true and correct. 18 19 Dated: October 14, 2022 Signature: __________________________________ 20 Delicia E. Soza 21 22 23 24 25 26 27 28 PROOF OF SERVICE Superior Court of Alameda County Public Portal Make a Reservation Goetz VS Glaxo Smith Kline, LLC Case Number: RG20061705 Case Type: Unlimited Civil Category: Product Liability (not asbestos or toxic/environmental) Date Filed: 2020-05-11 Location: Rene C. Davidson Courthouse - Department 21 Reservation Case Name: Case Number: Goetz VS Glaxo Smith Kline, LLC RG20061705 Type: Status: Motion to Be Admitted Pro Hac Vice RESERVED Filing Party: Location: Sanofi US Services, Inc. (Defendant) Rene C. Davidson Courthouse - Department 21 Date/Time: Number of Motions: 11/15/2022 10:00 AM 1 Reservation ID: Confirmation Code: 213058061103 CR-BIH74QRNWWJBW95XQ Fees Description Fee Qty Amount Motion to Be Admitted Pro Hac Vice 0.00 1 0.00 Court Technology Fee 1.00 1 1.00 TOTAL $1.00 Payment Amount: Type: $1.00 Visa Account Number: Authorization: XXXX3529 012616 Payment Date: 1969-12-31 Print Receipt + Reserve Another Hearing View My Reservations Terms of Service