Preview
1 E-FILED
BRETT A. AXELROD, ESQ. 4/2/2021 2:46 PM
Bar No. 168657 Superior Court of California
2 FOX ROTHSCHILD LLP County of Fresno
1980 Festival Plaza Drive, Suite 700
3 Las Vegas, NV 89135 By: A. Ramos, Deputy
Telephone: (702) 262-6899
4 Facsimile: (702) 597-5503
Email: baxelrod@foxrothschild.com
5
Attorneys for Petitioner
6 Nevada Policy Research Institute
7
8 Superior Court of the State of California
9 for the County of Fresno
10
11 Nevada Policy Research Institute, dba Case No.: 21CECG00206
Transparent California,
12
Petitioner,
13 NOTICE AND EX PARTE
v. APPLICATION FOR AN ORDER TO
14 ALLOW DEANNA L. FORBUSH TO
Bertha Escalera, in her official capacity as APPEAR PRO HAC VICE FOR
15 Assistant City Manager, City of Parlier; Neal PETITIONER; DECLARATION OF
Costanzo, in his official capacity as City DEANNA L. FORBUSH IN SUPPORT
16 Attorney, City of Parlier; City of Parlier; and THEREOF; [PROPOSED] ORDER
DOES 1-5, inclusive,
17
Judge: Hon. Mark Cullers
Respondent. Dept.: 404
18
Hearing Date: April 9, 2021
19 Hearing Time: 8:30 a.m.
20
Action Filed: January 25, 2021
21
22
23
24 TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:
25 PLEASE TAKE NOTICE that Petitioner Nevada Policy Research Institute ("NPRI"), by
26 and through its counsel, Brett A. Axelrod, Esq. of Fox Rothschild LLP, on April 9, 2021 at 8:30
27 a.m., in Department 404 before the Honorable Mark Cullers, will and hereby do apply Ex Parte to
28
1
Notice and Ex Parte Application for an Order to Allow Deanna L. Forbush to Appear Pro Hae
Vice for Petitioner; Declaration of Deanna L. Forbush in Support Thereof; [Proposed] Order
121190102.vl
1 this Court for an Order permitting Deanna L. Forbush of Fox Rothschild LLP to appear in this
2 action and to be admitted to the bar of this Court Pro Hae Vice.
3 The Application is made pursuant to Rule 9.40 of the California Rules of Court and is based
4 on this Notice and attached Application. Rule 9.40 provides that a person "who is not a licensee of
5 the State bar of California but who is an attorney in good standing of and eligible to practice before
6 the bar of any United States Court or the highest court in any state," and "who has been retained to
7 appear in a particular cause pending in a court of this state, may in the discretion of such court be
8 permitted upon written application to appear as counsel pro hac vice provided that an active licensee
9 of the State Bar of California is associated as attorney of record."
10 This application is necessary because Petitioner anticipates that the participation and
11 appearance of Deanna L. Forbush will be required on their behalf. As set forth in the attached
12 application of Deanna L. Forbush, all requirements of Rule 9.40 have been met. Proper and timely
13 notice of this application is being served to all parties who have appeared in this action and to the
14 State Bar of California.
15 Accordingly, Ms. Axelrod respectfully requests permission to allow Ms. Forbush to appear
16 as counsel pro hac vice in the above-captioned matter on behalf of Petitioner.
17 Dated: April 2, 2021 Respectfully submitted,
18 FOX ROTHSCHILD LLP
19
By: Isl Brett A. Axelrod
20 Brett A. Axelrod, Esq.
Bar No. 168657
21 1980 Festival Plaza Drive, Suite 700
Las Vegas, NV 89135
22 Telephone: (702) 262-6899
23
24
25
26
27
28 2
Notice and Ex Parte Application for an Order to Allow Deanna L. Forbush to Appear Pro Hae
Vice for Petitioner; Declaration of Deanna L. Forbush in Support Thereof; [Proposed] Order
121190102.vl
1 DECLARATION OF DEANNA L. FORBUSH
2 I, Deanna L. Forbush, being duly sworn, hereby deposes and declares under penalty of
3 perjury:
4 1. I am over the age of 18, am mentally competent, and if called upon to testify as to the
5 statements made herein, could and would do so.
6 2. 1 have been retained by Petitioner to appear in this action as an attorney on their behalf.
7 3. I am not a resident of the State of California. I do not regularly practice law in the State
8 of California. I am not regularly employed in the State of California or engaged in any substantial
9 business, professional or other activities in the State of California.
10 4. The address of my personal residence is 1700 Charles Lam Court, Las Vegas, Nevada
11 89117.
12 5. I am employed as an attorney with Fox Rothschild LLP, located at 1980 Festival Plaza
13 Drive, Suite 700, Las Vegas, Nevada 89135.
14 6. I am a member in good standing on the bars of all courts to which I have been admitted.
15 7. I am not suspended or disbarred in any court.
16 8. In the preceding two years, I have not applied to appear pro hac vice in any California
17 state court.
18 9. In the preceding two years, I have not applied to appear pro hac vice in any federal
19 district courts located in California.
20 10. The matters stated herein are true based on my own personal knowledge. I declare under
21 the penalty of perjury under the laws of the State of California and the United
22 Executed this 2nd day of April, 2021.
23
24
25 Deanna L. Forbush
26
27
28 3
Notice and Ex Parte Application for an Order to Allow Deanna L. Forbush to Appear Pro Hae
Vice for Petitioner; Declaration of Deanna L. Forbush in Support Thereof; [Proposed] Order
121190102.vl
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF FRESNO
3
At the time of service, I was over 18 years of age and not a party to this action. I am
4 employed in Las Vegas, Nevada. My business address is 1980 Festival Plaza Drive, Suite 700, Las
Vegas, Nevada 89135.
5
On April 2, 2021, I served the following document(s) described as: NOTICE AND EX
6 PARTE APPLICATION FOR AN ORDER TO ALLOW DEANNA L. FORBUSH TO
APPEAR PRO HAC VICE FOR PETITIONER; DECLARATION OF DEANNA L.
7 FORBUSH IN SUPPORT THEREOF; [PROPOSED] ORDER on the interested parties in this
action as follows:
8
Neal E. Costanzo
9 Costanzo & Associates
A Professional Corporation
10 575 E. Locust Avenue, Suite 115
Fresno, CA 93720
11
Attorneys for Respondents, Bertha Escalera,
12 City ofParlier, and Neal Costanzo
13
State Bar of California
14 180 Howard Street
San Francisco, CA 94105
15
16 BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to
the persons at the addresses listed in the Service List, Via Mail, and placed the envelope
17 for collection and mailing, following our ordinary business practices. I am readily
familiar with Fox Rothschild LLP practice for collecting and processing correspondence
18 for mailing. On the same day that the correspondence is placed for collection and
mailing, it is deposited in the ordinary course of business with the United States Postal
19 Service, in a sealed envelope with postage fully prepaid.
20 I declare under penalty of perjury that the foregoing is true and correct.
21 Executed this 2nd day of April, 2021 at Las Vegas, Nevada.
22
23 Isl Natasha Martinez
Natasha Martinez
24
25
26
27
28
4
Notice and Ex Parte Application for an Order to Allow Deanna L. Forbush to Appear Pro Hae
Vice for Petitioner; Declaration of Deanna L. Forbush in Support Thereof; [Proposed] Order
121190102.vl
Preview
1 E-FILED BRETT A. AXELROD, ESQ. 4/2/2021 2:46 PM Bar No. 168657 Superior Court of California 2 FOX ROTHSCHILD LLP County of Fresno 1980 Festival Plaza Drive, Suite 700 3 Las Vegas, NV 89135 By: A. Ramos, Deputy Telephone: (702) 262-6899 4 Facsimile: (702) 597-5503 Email: baxelrod@foxrothschild.com 5 Attorneys for Petitioner 6 Nevada Policy Research Institute 7 8 Superior Court of the State of California 9 for the County of Fresno 10 11 Nevada Policy Research Institute, dba Case No.: 21CECG00206 Transparent California, 12 Petitioner, 13 NOTICE AND EX PARTE v. APPLICATION FOR AN ORDER TO 14 ALLOW DEANNA L. FORBUSH TO Bertha Escalera, in her official capacity as APPEAR PRO HAC VICE FOR 15 Assistant City Manager, City of Parlier; Neal PETITIONER; DECLARATION OF Costanzo, in his official capacity as City DEANNA L. FORBUSH IN SUPPORT 16 Attorney, City of Parlier; City of Parlier; and THEREOF; [PROPOSED] ORDER DOES 1-5, inclusive, 17 Judge: Hon. Mark Cullers Respondent. Dept.: 404 18 Hearing Date: April 9, 2021 19 Hearing Time: 8:30 a.m. 20 Action Filed: January 25, 2021 21 22 23 24 TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD: 25 PLEASE TAKE NOTICE that Petitioner Nevada Policy Research Institute ("NPRI"), by 26 and through its counsel, Brett A. Axelrod, Esq. of Fox Rothschild LLP, on April 9, 2021 at 8:30 27 a.m., in Department 404 before the Honorable Mark Cullers, will and hereby do apply Ex Parte to 28 1 Notice and Ex Parte Application for an Order to Allow Deanna L. Forbush to Appear Pro Hae Vice for Petitioner; Declaration of Deanna L. Forbush in Support Thereof; [Proposed] Order 121190102.vl 1 this Court for an Order permitting Deanna L. Forbush of Fox Rothschild LLP to appear in this 2 action and to be admitted to the bar of this Court Pro Hae Vice. 3 The Application is made pursuant to Rule 9.40 of the California Rules of Court and is based 4 on this Notice and attached Application. Rule 9.40 provides that a person "who is not a licensee of 5 the State bar of California but who is an attorney in good standing of and eligible to practice before 6 the bar of any United States Court or the highest court in any state," and "who has been retained to 7 appear in a particular cause pending in a court of this state, may in the discretion of such court be 8 permitted upon written application to appear as counsel pro hac vice provided that an active licensee 9 of the State Bar of California is associated as attorney of record." 10 This application is necessary because Petitioner anticipates that the participation and 11 appearance of Deanna L. Forbush will be required on their behalf. As set forth in the attached 12 application of Deanna L. Forbush, all requirements of Rule 9.40 have been met. Proper and timely 13 notice of this application is being served to all parties who have appeared in this action and to the 14 State Bar of California. 15 Accordingly, Ms. Axelrod respectfully requests permission to allow Ms. Forbush to appear 16 as counsel pro hac vice in the above-captioned matter on behalf of Petitioner. 17 Dated: April 2, 2021 Respectfully submitted, 18 FOX ROTHSCHILD LLP 19 By: Isl Brett A. Axelrod 20 Brett A. Axelrod, Esq. Bar No. 168657 21 1980 Festival Plaza Drive, Suite 700 Las Vegas, NV 89135 22 Telephone: (702) 262-6899 23 24 25 26 27 28 2 Notice and Ex Parte Application for an Order to Allow Deanna L. Forbush to Appear Pro Hae Vice for Petitioner; Declaration of Deanna L. Forbush in Support Thereof; [Proposed] Order 121190102.vl 1 DECLARATION OF DEANNA L. FORBUSH 2 I, Deanna L. Forbush, being duly sworn, hereby deposes and declares under penalty of 3 perjury: 4 1. I am over the age of 18, am mentally competent, and if called upon to testify as to the 5 statements made herein, could and would do so. 6 2. 1 have been retained by Petitioner to appear in this action as an attorney on their behalf. 7 3. I am not a resident of the State of California. I do not regularly practice law in the State 8 of California. I am not regularly employed in the State of California or engaged in any substantial 9 business, professional or other activities in the State of California. 10 4. The address of my personal residence is 1700 Charles Lam Court, Las Vegas, Nevada 11 89117. 12 5. I am employed as an attorney with Fox Rothschild LLP, located at 1980 Festival Plaza 13 Drive, Suite 700, Las Vegas, Nevada 89135. 14 6. I am a member in good standing on the bars of all courts to which I have been admitted. 15 7. I am not suspended or disbarred in any court. 16 8. In the preceding two years, I have not applied to appear pro hac vice in any California 17 state court. 18 9. In the preceding two years, I have not applied to appear pro hac vice in any federal 19 district courts located in California. 20 10. The matters stated herein are true based on my own personal knowledge. I declare under 21 the penalty of perjury under the laws of the State of California and the United 22 Executed this 2nd day of April, 2021. 23 24 25 Deanna L. Forbush 26 27 28 3 Notice and Ex Parte Application for an Order to Allow Deanna L. Forbush to Appear Pro Hae Vice for Petitioner; Declaration of Deanna L. Forbush in Support Thereof; [Proposed] Order 121190102.vl 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF FRESNO 3 At the time of service, I was over 18 years of age and not a party to this action. I am 4 employed in Las Vegas, Nevada. My business address is 1980 Festival Plaza Drive, Suite 700, Las Vegas, Nevada 89135. 5 On April 2, 2021, I served the following document(s) described as: NOTICE AND EX 6 PARTE APPLICATION FOR AN ORDER TO ALLOW DEANNA L. FORBUSH TO APPEAR PRO HAC VICE FOR PETITIONER; DECLARATION OF DEANNA L. 7 FORBUSH IN SUPPORT THEREOF; [PROPOSED] ORDER on the interested parties in this action as follows: 8 Neal E. Costanzo 9 Costanzo & Associates A Professional Corporation 10 575 E. Locust Avenue, Suite 115 Fresno, CA 93720 11 Attorneys for Respondents, Bertha Escalera, 12 City ofParlier, and Neal Costanzo 13 State Bar of California 14 180 Howard Street San Francisco, CA 94105 15 16 BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the Service List, Via Mail, and placed the envelope 17 for collection and mailing, following our ordinary business practices. I am readily familiar with Fox Rothschild LLP practice for collecting and processing correspondence 18 for mailing. On the same day that the correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal 19 Service, in a sealed envelope with postage fully prepaid. 20 I declare under penalty of perjury that the foregoing is true and correct. 21 Executed this 2nd day of April, 2021 at Las Vegas, Nevada. 22 23 Isl Natasha Martinez Natasha Martinez 24 25 26 27 28 4 Notice and Ex Parte Application for an Order to Allow Deanna L. Forbush to Appear Pro Hae Vice for Petitioner; Declaration of Deanna L. Forbush in Support Thereof; [Proposed] Order 121190102.vl