Motion,Ex Parte: TOMKO, THOMAS Et Al v. UNION CARBIDE CORPORATION Et Al

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FBT-CV-22-6113982-S                  :
                                     :                              SUPERIOR COURT
THOMAS TOMKO and                     :
DEBORAH TOMKO,                       :                              J.D. OF FAIRFIELD
                                     :
      Plaintiffs,                    :                              AT BRIDGEPORT
                                     :
v.                                   :
                                     :                              APRIL 13, 2022
UNION CARBIDE CORP., et al.,         :
                                     :
      Defendants.                    :
____________________________________ :

                     MINE SAFETY APPLIANCES COMPANY, LLC’S
         MOTION TO RESTORE PRO HAC VICE PRIVILEGES OF ALEXANDER G. CALFO

       Defendant Mine Safety Appliances Company (“MSA”) respectfully moves this Court to

restore the pro hac vice privileges of Attorney Alexander G. Calfo. As detailed further below,

Mr. Calfo has not received an Attorney Registration form with a pro hac vice juris number

needed to file his appearance, which prevented him from filing an appearance within the thirty-

day deadline imposed by the Court in Order #157.10 issued February 28, 2023. Attorney Calfo

is prepared to file an appearance using a juris number given to undersigned counsel over the

phone by the Statewide Grievance Committee and will send his Attorney Registration form to

the Statewide Grievance Committee upon receipt. Good cause exists to restore Attorney Calfo’s

pro hac vice privileges, for the reasons cited in his original Application for Permission to Appear

Pro Hac Vice (#157.00) and accompanying Affidavit (#158.00), and because his failure to file an

appearance in the specified time was due to not receiving the requisite registration form by

which he would typically receive a juris number. Specifically:
        1.      On February 24, 2023, MSA filed a Motion for Permission (#157.00) for Attorney

Calfo to appear pro hac vice in the above-captioned matter, along with a supporting Affidavit

(#158.00), and a Caseflow Request (#159.00) indicating that counsel for the plaintiffs and co-

defendants consented to the Motion.


        2.      On February 28, 2023, the Court granted the Motion subject to several conditions,

including that Attorney Calfo register with the Statewide Grievance Committee and file his

Appearance within thirty days. Order #157.10.


        3.      Attorney Calfo, however, never received an Attorney Registration form with a

juris number needed to file an appearance in this matter.


        4.      On April 1, 2023, the Court issued Order #157.20 stating: “As pro hac counsel

has failed to timely file an appearance in this matter as ordered by the court, the privilege is

suspended. Local counsel must file a new motion in order for Attorney Calfo to appear or

participate in this matter.”


        5.      On April 10 and 11, 2023, undersigned counsel contacted caseflow via telephone

and email to explain the situation and obtain an Attorney Registration form and juris number for

Attorney Calfo.


        6.      On April 11, 2023, undersigned counsel contacted the Statewide Grievance

Committee and obtained Attorney Calfo’s juris number, 437097, over the phone.


        7.      Pursuant to court order #157.20, MSA now moves to restore and lift the

suspension of the pro hac vice privileges of Attorney Calfo.




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       8.     Upon lifting of the suspension, Attorney Calfo will immediately file an

appearance using juris number 437097, unless otherwise directed by the Court.


       9.     Upon receipt of a registration form, Attorney Calfo will return the registration

form to the Statewide Grievance Committee and will otherwise comply with all conditions of pro

hac vice admission.


       For the foregoing reasons, MSA respectfully requests that the court restore and lift the

suspension of the pro hac vice privileges of Attorney Alexander G. Calfo


                                             MINE SAFETY APPLIANCES COMPANY, LLC,

                                             By its Attorneys,

                                             /s/ Brian Gibbons
                                             John R. Felice, Juris No. 435040
                                             John.Felice@clydeco.us
                                             Brad W. Graham, Juris No. 438439
                                             Brad.Graham@clydeco.us
                                             Brian M. Gibbons, Juris No. 436225
                                             Brian.Gibbons@clydeco.us
                                             CLYDE & CO US LLP
                                             265 Franklin Street, Seventh Floor
                                             Boston, MA 02110-3113
                                             (617) 728-0050
                                             (617) 728-0052 (Fax)




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                                    CERTIFICATE OF SERVICE

        I hereby certify that a copy of the foregoing was mailed or electronically delivered to
Plaintiffs’ counsel of record, and notice of filing was sent via electronic mail to all defense
counsel on this 13th day of April, 2023.

                                              /s/ Brian Gibbons
                                              Brian M. Gibbons, Juris No. 436225




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