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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 09 2:48 PM-20CV007082
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IN THE COMMON PLEAS COURT OF FRANKLIN COUNTY, OHIO
GENERAL DIVISION
APF — CRE I, LLC & APF - CPX I, LLC, ) Case No. 20CV007082
)
Plaintiffs, ) JUDGE KIM BROWN
Vv. MAGISTRATE JENNIFER CORDLE
TEHRAH HOSPITALITY, LLC, ABHIJIT S.
VASANI & BHAVNA A. VASANI, ORDER AND ENTRY GRANTING
MOTION FOR ADMISSION PRO HAC
Defendants. ) VICE
This matter is before the Court on the Motion to Appear Pro Hac Vice (“Motion”), through
which Attorney Austin B. Alexander requests permission to appear pro hac vice in this proceeding.
To date, no party has objected to the Motion.
Rule 6.01 of the Rules of Superintendence for the Courts of Ohio provides that “[a] request
by an out-of-state attorney for permission to appear pro hac vice in a proceeding of a court shall
be governed by Rule XII of the Rules for the Government of the Bar. v1 Rule XII, in turn, provides
that a court “may grant permission to appear pro hac vice to an attorney who is admitted to practice
in the highest court of a state, commonwealth, territory, or possession of the United States or the
District of Columbia, or who is admitted to practice in the courts of a foreign state and is in good
standing to appear pro hac vice in a proceeding.”? An attorney is eligible to be granted permission
to appear pro hac vice if the attorney neither resides in nor is regularly employed at an office in
Ohio, is registered for corporate status in Ohio, resides in Ohio but lawfully practices from offices
in one or more other states, maintains an office or other systematic and continuous presence in
'Sup.R. 6.01.
2 Gov.Bar R. XII(2)(A).
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 09 2:48 PM-20CV007082
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Ohio, or has permanently relocated to Ohio in the last 120 days and is an applicant pending
admission under Gov. Bar. R. 1?
Before an attorney may move for permission to appear pro hac vice, the attorney must
apply for registration with the Supreme Court Office of Attorney Services, pay a registration fee,
and have been issued a certificate of pro hac vice registration.’ Upon issuance of a certificate of
pro hac vice registration, the attorney may file a motion for permission to appear pro hac vice.°
The motion must be accompanied by the certificate and include the following information:
(a) The attorney’s residential address, office address, and the name and
address of the attorney’s law firm or employer, if applicable;
(b) The jurisdictions in which the attorney has ever been licensed to practice
law, including the dates of admission to practice, resignation, or
retirement, and any attorney registration numbers;
(c) An affidavit stating that the attorney has never been disbarred and
whether the attorney is currently under suspension or has resigned with
discipline pending in any jurisdiction the attorney has been admitted;
(d) A statement that the attorney has not been granted permission to appear
pro hac vice in more than three proceedings before Ohio tribunals in the
current calendar year pursuant to Section 2(A)(6)(a) of this rule;
(e) The name and attorney registration number of an active Ohio attorney,
in good standing, who has agreed to associate with the attorney.°
The motion must be served upon all parties and attorneys of record, any of whom may
object to the motion.”
If permission to appear pro hac vice is granted, the attorney is under a continuing obligation
to inform the court of any disciplinary action taken against the attorney since the date permission
3 Gov.Bar R, XII(2)(A)(1).
4 Gov.Bar R. XII(2)(A)(3). Because the application for registration includes, among other things, a statement that the attorney
satisfies the requirements set forth in Gov. Bar R. XII(2)(A)(1) and (2), issuance of a certificate of pro hac vice registration
demonstrates that the attorney meets the requirements set forth in those sections. See Goy.Bar.R. XII(2)(A)G)(@).
5 Gov.Bar R. XII(2)(A)(7).
° Gov.Bar R. XII(2)(A)(7)(a)-(e).
7 Gov.Bar R. X1I(2)(C), (D).
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was granted.* The attorney is also is under an obligation to file a Notice of Permission to Appear
Pro Hac Vice, accompanied by copies of the order granting such permission, with the Office of
Attorney Services within thirty (30) days after permission has been granted.’ Failure to meet this
obligation shall result in the attorney’s exclusion from practice in Ohio, and the Office of Attorney
Services shall notify the court of such exclusion by certified mail.!° Finally, if the attorney
continues to appear pro hac vice in any proceeding pending as of the first day of a new calendar
year, the attorney is under an obligation to pay a renewal fee.'' The renewal fee is due within
thirty days of the start of the calendar year, and is payable to the Office of Attorney Services.” As
with the preceding obligation, failure to meet this obligation shall result in the attorney’s exclusion
from practice in Ohio, and the Office of Attorney Services shall notify the court of such exclusion
by certified mail.'*
The Court finds the Motion well taken. The Motion includes the information required by
Gov. Bar R. XII(2)(A)(7) and is accompanied a Certificate of Pro Hac Vice Registration, which
states that the movant has been found to be in full compliance with Gov.Bar R. XII(2)(A)(3). For
the reasons stated in Footnote 4, such statement demonstrates that the movant is in compliance
with Gov.Bar R. XII(2)(A)(1)-(2). Therefore, the Court finds that the requirements of Gov.Bar R.
XII(2)(A)(1), (2), (3), (6) and (7) have been met. The Court further finds that the Motion was
served on all parties and attorneys of record, and that no objection has been filed to the Motion.
Based on the foregoing findings, the instant Motion is GRANTED, and Austin B. Alexander is
hereby granted permission to appear pro hac vice until December 31, 2023, at which point the
5 Gov.Bar R, XII(2)(B).
° Gov.Bar R. XII(4).
17d.
4 Gov.Bar R. XII(5)(A).
22 Id.
8 Gov.Bar R. XII(5)(B).
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 09 2:48 PM-20CV007082
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matter of appearance pro hac vice shall proceed in accordance with Gov.Bar R. XII(5) as stated
above.
Austin B. Alexander shall file a Notice of Permission to Appear Pro Hac Vice and a copy
of this order with the Office of Attorney Services in accordance with Gov.Bar R. XII(4).
SO ORDERED:
SUBMITTED BY:
/s/ Sean A. Gordon
Sean A. Gordon (#0074243)
Mary Csarny (#0097682)
3900 Key Center
127 Public Square
Cleveland, Ohio 44114-1291
Telephone: 216.566.5500
Fax: 216.566.5800
Sean.Gordon@ThompsonHine.com
Mary.Csarny@ThompsonHine.com
Attorneys for Plaintiff
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 09 2:48 PM-20CV007082
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Franklin County Court of Common Pleas
Date: 06-09-2023
Case Title: APF CREILLC ET AL -VS- TEHRAH HOSPITALITY LLC ET AL
Case Number: 20CV007082
Type: ORDER
It Is So Ordered.
SYSS eo
gee
<<
ee
wth
/s/ Judge Kim Brown
Electronically signed on 2023-Jun-09 page 5 of 5
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 09 2:48 PM-20CV007082
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Court Disposition
Case Number: 20CV007082
Case Style: APF CRE| LLC ET AL -VS- TEHRAH HOSPITALITY
LLC ET AL
Motion Tie Off Information:
1. Motion CMS Document Id: 20CV0070822023-06-0699980000
Document Title: 06-06-2023- MOTION FOR PRO HAC VICE -
PLAINTIFF: APF CRE | LLC
Disposition: MOTION GRANTED
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 09 2:48 PM-20CV007082 0G427 - 110 IN THE COMMON PLEAS COURT OF FRANKLIN COUNTY, OHIO GENERAL DIVISION APF — CRE I, LLC & APF - CPX I, LLC, ) Case No. 20CV007082 ) Plaintiffs, ) JUDGE KIM BROWN Vv. MAGISTRATE JENNIFER CORDLE TEHRAH HOSPITALITY, LLC, ABHIJIT S. VASANI & BHAVNA A. VASANI, ORDER AND ENTRY GRANTING MOTION FOR ADMISSION PRO HAC Defendants. ) VICE This matter is before the Court on the Motion to Appear Pro Hac Vice (“Motion”), through which Attorney Austin B. Alexander requests permission to appear pro hac vice in this proceeding. To date, no party has objected to the Motion. Rule 6.01 of the Rules of Superintendence for the Courts of Ohio provides that “[a] request by an out-of-state attorney for permission to appear pro hac vice in a proceeding of a court shall be governed by Rule XII of the Rules for the Government of the Bar. v1 Rule XII, in turn, provides that a court “may grant permission to appear pro hac vice to an attorney who is admitted to practice in the highest court of a state, commonwealth, territory, or possession of the United States or the District of Columbia, or who is admitted to practice in the courts of a foreign state and is in good standing to appear pro hac vice in a proceeding.”? An attorney is eligible to be granted permission to appear pro hac vice if the attorney neither resides in nor is regularly employed at an office in Ohio, is registered for corporate status in Ohio, resides in Ohio but lawfully practices from offices in one or more other states, maintains an office or other systematic and continuous presence in 'Sup.R. 6.01. 2 Gov.Bar R. XII(2)(A). Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 09 2:48 PM-20CV007082 0G427 - Til Ohio, or has permanently relocated to Ohio in the last 120 days and is an applicant pending admission under Gov. Bar. R. 1? Before an attorney may move for permission to appear pro hac vice, the attorney must apply for registration with the Supreme Court Office of Attorney Services, pay a registration fee, and have been issued a certificate of pro hac vice registration.’ Upon issuance of a certificate of pro hac vice registration, the attorney may file a motion for permission to appear pro hac vice.° The motion must be accompanied by the certificate and include the following information: (a) The attorney’s residential address, office address, and the name and address of the attorney’s law firm or employer, if applicable; (b) The jurisdictions in which the attorney has ever been licensed to practice law, including the dates of admission to practice, resignation, or retirement, and any attorney registration numbers; (c) An affidavit stating that the attorney has never been disbarred and whether the attorney is currently under suspension or has resigned with discipline pending in any jurisdiction the attorney has been admitted; (d) A statement that the attorney has not been granted permission to appear pro hac vice in more than three proceedings before Ohio tribunals in the current calendar year pursuant to Section 2(A)(6)(a) of this rule; (e) The name and attorney registration number of an active Ohio attorney, in good standing, who has agreed to associate with the attorney.° The motion must be served upon all parties and attorneys of record, any of whom may object to the motion.” If permission to appear pro hac vice is granted, the attorney is under a continuing obligation to inform the court of any disciplinary action taken against the attorney since the date permission 3 Gov.Bar R, XII(2)(A)(1). 4 Gov.Bar R. XII(2)(A)(3). Because the application for registration includes, among other things, a statement that the attorney satisfies the requirements set forth in Gov. Bar R. XII(2)(A)(1) and (2), issuance of a certificate of pro hac vice registration demonstrates that the attorney meets the requirements set forth in those sections. See Goy.Bar.R. XII(2)(A)G)(@). 5 Gov.Bar R. XII(2)(A)(7). ° Gov.Bar R. XII(2)(A)(7)(a)-(e). 7 Gov.Bar R. X1I(2)(C), (D). Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 09 2:48 PM-20CV007082 0G427 - I1 was granted.* The attorney is also is under an obligation to file a Notice of Permission to Appear Pro Hac Vice, accompanied by copies of the order granting such permission, with the Office of Attorney Services within thirty (30) days after permission has been granted.’ Failure to meet this obligation shall result in the attorney’s exclusion from practice in Ohio, and the Office of Attorney Services shall notify the court of such exclusion by certified mail.!° Finally, if the attorney continues to appear pro hac vice in any proceeding pending as of the first day of a new calendar year, the attorney is under an obligation to pay a renewal fee.'' The renewal fee is due within thirty days of the start of the calendar year, and is payable to the Office of Attorney Services.” As with the preceding obligation, failure to meet this obligation shall result in the attorney’s exclusion from practice in Ohio, and the Office of Attorney Services shall notify the court of such exclusion by certified mail.'* The Court finds the Motion well taken. The Motion includes the information required by Gov. Bar R. XII(2)(A)(7) and is accompanied a Certificate of Pro Hac Vice Registration, which states that the movant has been found to be in full compliance with Gov.Bar R. XII(2)(A)(3). For the reasons stated in Footnote 4, such statement demonstrates that the movant is in compliance with Gov.Bar R. XII(2)(A)(1)-(2). Therefore, the Court finds that the requirements of Gov.Bar R. XII(2)(A)(1), (2), (3), (6) and (7) have been met. The Court further finds that the Motion was served on all parties and attorneys of record, and that no objection has been filed to the Motion. Based on the foregoing findings, the instant Motion is GRANTED, and Austin B. Alexander is hereby granted permission to appear pro hac vice until December 31, 2023, at which point the 5 Gov.Bar R, XII(2)(B). ° Gov.Bar R. XII(4). 17d. 4 Gov.Bar R. XII(5)(A). 22 Id. 8 Gov.Bar R. XII(5)(B). Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 09 2:48 PM-20CV007082 0G427 - I1 matter of appearance pro hac vice shall proceed in accordance with Gov.Bar R. XII(5) as stated above. Austin B. Alexander shall file a Notice of Permission to Appear Pro Hac Vice and a copy of this order with the Office of Attorney Services in accordance with Gov.Bar R. XII(4). SO ORDERED: SUBMITTED BY: /s/ Sean A. Gordon Sean A. Gordon (#0074243) Mary Csarny (#0097682) 3900 Key Center 127 Public Square Cleveland, Ohio 44114-1291 Telephone: 216.566.5500 Fax: 216.566.5800 Sean.Gordon@ThompsonHine.com Mary.Csarny@ThompsonHine.com Attorneys for Plaintiff Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 09 2:48 PM-20CV007082 0G427 - 114 Franklin County Court of Common Pleas Date: 06-09-2023 Case Title: APF CREILLC ET AL -VS- TEHRAH HOSPITALITY LLC ET AL Case Number: 20CV007082 Type: ORDER It Is So Ordered. SYSS eo gee << ee wth /s/ Judge Kim Brown Electronically signed on 2023-Jun-09 page 5 of 5 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 09 2:48 PM-20CV007082 0G427 - I1 Court Disposition Case Number: 20CV007082 Case Style: APF CRE| LLC ET AL -VS- TEHRAH HOSPITALITY LLC ET AL Motion Tie Off Information: 1. Motion CMS Document Id: 20CV0070822023-06-0699980000 Document Title: 06-06-2023- MOTION FOR PRO HAC VICE - PLAINTIFF: APF CRE | LLC Disposition: MOTION GRANTED