Preview
FILED: NEW YORK COUNTY CLERK 03/25/2019 06:03 PM INDEX NO. 150002/2019
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 03/25/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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AMWEST FUNDING CORP.
and WILLIAM CHUL SE PARK, Hon. Joel M. Cohen
Plaintiffs, Index No. 150002/2019
- against - Motion Sequence No. 002
FINANCE OF AMERICA MORTGAGE LLC and
UFG HOLDINGS LLC,
Defendants.
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MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF AMWEST FUNDING CORP.
and WILLIAM CHUL SE PARK’S MOTION FOR PRO HAC VICE ADMISSION OF
AMJAD M. KHAN, ESQ.
BROWN NERI SMITH & KHAN, LLP
Rowennakete P. Barnes
11601 Wilshire Blvd., Ste. 2080
Los Angeles, CA 90025
QUINN EMANUEL URQUHART
& SULLIVAN LLP
Kevin S. Reed
51 Madison Avenue, 22nd Floor
New York, New York 10010
Attorneys for Plaintiffs
AmWest Funding Corp. and
William Chul Se Park
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TABLE OF CONTENTS
INTRODUCTION/FACTS ............................................................................................................. 4
ARGUMENT .................................................................................................................................. 4
CONCLUSION ............................................................................................................................... 6
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TABLE OF AUTHORITIES
CASES
Schoenfeld v. Schneiderman, 821 F.3d 273 (2d Cir. 2016) ............................................................ 6
STATUTES
22 NYCRR 520.11(a)(1) ................................................................................................................. 5
22 NYCRR 520.11(c) ..................................................................................................................... 6
22 NYCRR 520.11(e) ..................................................................................................................... 6
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INTRODUCTION/FACTS
Plaintiffs AmWest Funding Corp. and William Chul Se Park (collectively, “Plaintiffs”)
submit this memorandum of law in support of their motion for an order granting admission pro
hac vice for Amjad M. Khan, Esq.
Plaintiffs are represented by the undersigned, Rowennakete P. Barnes, Esq. and Kevin
Reed, Esq. Mr. Barnes is a member of the law firm Brown Neri Smith & Khan, LLP (“BNSK”),
whose main office is located in Los Angeles, California. Mr. Reed is a member of Quinn
Emanuel Urquhart & Sullivan, LLP’s New York office.
Mr. Barnes is a resident of New York and a member of the New York State Bar (see
Affirmation of Rowennakete P. Barnes, (“Barnes Affirm.”) preface and ¶¶ 3-4). Plaintiffs
move this Court to admit Amjad M. Khan, Esq., a member of the law offices of BNSK, with
counsel of record, alongside Mr. Barnes and Mr. Reed who will remain local counsel. Mr.
Khan is fully familiar with the facts of this matter, is admitted to and in good standing with the
California State Bar, and there are no disciplinary proceedings pending against Mr. Khan.
Accordingly, because Mr. Khan qualifies for admission pro hac vice, and because Mr.
Barnes and Mr. Reed will act as local counsel, Plaintiffs respectfully request that this Court grant
Plaintiffs’ motion for pro hac vice admission of Amjad M. Khan, Esq.
ARGUMENT
“An attorney and counsel-at law or the equivalent, who is a member in good standing of
the bar of another state, territory, district or foreign country, may be admitted pro hac vice: (1) in
the discretion of any court of record, to participate in any matter in which the employee is
employed[.]” 22 NYCRR 520.11(a)(1). “No attorney may be admitted pro hac vice pursuant to
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paragraph (1) of subdivision (a) to participate in the pretrial or trial proceedings unless he or she
is associated with an attorney who is a member of good standing of the New York bar, who shall
be the attorney of record in the matter.” Id., subsection (c). Lastly, “[a]n attorney admitted pro
hac vice pursuant to this section: (1) shall be familiar with and shall comply with the standards of
professional conduct imposed on members of the New York bar, including the rules of Court
governing the conduct of attorneys and the Rules of Professional Conduct, and (2) shall be subject
to the jurisdiction of the courts of this State with respect to any acts occurring during the course of
the attorney’s participation in the matter.” Id., subsection (e).
As set forth in the Affidavit of Amjad M. Khan, (“Khan Aff.”), Mr. Khan is: (1) a
member in good standing of the bar of the State of California; (2) associated with Mr. Barnes,
who is a member in good standing of the New York bar and who shall be counsel of record (see
Barnes Affirm., ¶¶ 3-4); (3) familiar with and shall comply with the standards of professional
conduct imposed on members of the New York bar; and (4) shall be subject to the jurisdiction of
the courts of New York with respect to any acts occurring during the course of his participation in
this matter. (Khan Aff., ¶¶ 5, 8-9).
Although BNSK does not have a physical office in New York State, because Mr. Barnes
is a resident and counsel of record, the requirements of Judiciary Rule § 470 do not apply. See
Schoenfeld v. Schneiderman, 821 F.3d 273, n. 9 (2d Cir. 2016) (holding the pro hac vice rules do
not mandate nonresident attorneys to maintain an office so long as they are associated with a
member in good standing of the New York bar who shall be the attorney of record in the matter.).
Because Mr. Barnes is a resident attorney and will be counsel of record in the matter, Mr. Khan is
not precluded from being admitted pro hac vice based on the lack of an in-state office with BNSK.
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Finally, Mr. Khan has already been admitted pro hac vice by the Supreme Court for New
York County for his representation of Plaintiffs another related matter. See Decision and Order,
Oct. 13, 2017, Originating Court Index No. 656048/2016 (Dkt. No. 69) (Bransten, J.). In the
interest of counsel’s ability to adequately and fully represent its clients’ best interests, this Court
should grant Plaintiffs’ motion for pro hac vice admission of Mr. Khan.
CONCLUSION
For the foregoing reasons, Plaintiffs respectfully request that this Court grant their motion
for admission pro hac vice of Amjad M. Khan, Esq.
Dated: Albany, New York
March 25, 2019 BROWN NERI SMITH & KHAN, LLP
By:
Rowennakete P. Barnes
11601 Wilshire Boulevard, Suite 2080
Los Angeles, California 90025
(310) 593-9890
QUINN EMANUEL URQUHART
& SULLIVAN, LLP
Kevin S. Reed
51 Madison Ave.
New York, NY 10010
Attorneys for Plaintiffs
AmWest Funding Corp. and
William Chul Se Park
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Preview
FILED: NEW YORK COUNTY CLERK 03/25/2019 06:03 PM INDEX NO. 150002/2019 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 03/25/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------X AMWEST FUNDING CORP. and WILLIAM CHUL SE PARK, Hon. Joel M. Cohen Plaintiffs, Index No. 150002/2019 - against - Motion Sequence No. 002 FINANCE OF AMERICA MORTGAGE LLC and UFG HOLDINGS LLC, Defendants. ----------------------------------------------------------X MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF AMWEST FUNDING CORP. and WILLIAM CHUL SE PARK’S MOTION FOR PRO HAC VICE ADMISSION OF AMJAD M. KHAN, ESQ. BROWN NERI SMITH & KHAN, LLP Rowennakete P. Barnes 11601 Wilshire Blvd., Ste. 2080 Los Angeles, CA 90025 QUINN EMANUEL URQUHART & SULLIVAN LLP Kevin S. Reed 51 Madison Avenue, 22nd Floor New York, New York 10010 Attorneys for Plaintiffs AmWest Funding Corp. and William Chul Se Park 1 of 6 FILED: NEW YORK COUNTY CLERK 03/25/2019 06:03 PM INDEX NO. 150002/2019 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 03/25/2019 TABLE OF CONTENTS INTRODUCTION/FACTS ............................................................................................................. 4 ARGUMENT .................................................................................................................................. 4 CONCLUSION ............................................................................................................................... 6 2 of 6 FILED: NEW YORK COUNTY CLERK 03/25/2019 06:03 PM INDEX NO. 150002/2019 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 03/25/2019 TABLE OF AUTHORITIES CASES Schoenfeld v. Schneiderman, 821 F.3d 273 (2d Cir. 2016) ............................................................ 6 STATUTES 22 NYCRR 520.11(a)(1) ................................................................................................................. 5 22 NYCRR 520.11(c) ..................................................................................................................... 6 22 NYCRR 520.11(e) ..................................................................................................................... 6 3 of 6 FILED: NEW YORK COUNTY CLERK 03/25/2019 06:03 PM INDEX NO. 150002/2019 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 03/25/2019 INTRODUCTION/FACTS Plaintiffs AmWest Funding Corp. and William Chul Se Park (collectively, “Plaintiffs”) submit this memorandum of law in support of their motion for an order granting admission pro hac vice for Amjad M. Khan, Esq. Plaintiffs are represented by the undersigned, Rowennakete P. Barnes, Esq. and Kevin Reed, Esq. Mr. Barnes is a member of the law firm Brown Neri Smith & Khan, LLP (“BNSK”), whose main office is located in Los Angeles, California. Mr. Reed is a member of Quinn Emanuel Urquhart & Sullivan, LLP’s New York office. Mr. Barnes is a resident of New York and a member of the New York State Bar (see Affirmation of Rowennakete P. Barnes, (“Barnes Affirm.”) preface and ¶¶ 3-4). Plaintiffs move this Court to admit Amjad M. Khan, Esq., a member of the law offices of BNSK, with counsel of record, alongside Mr. Barnes and Mr. Reed who will remain local counsel. Mr. Khan is fully familiar with the facts of this matter, is admitted to and in good standing with the California State Bar, and there are no disciplinary proceedings pending against Mr. Khan. Accordingly, because Mr. Khan qualifies for admission pro hac vice, and because Mr. Barnes and Mr. Reed will act as local counsel, Plaintiffs respectfully request that this Court grant Plaintiffs’ motion for pro hac vice admission of Amjad M. Khan, Esq. ARGUMENT “An attorney and counsel-at law or the equivalent, who is a member in good standing of the bar of another state, territory, district or foreign country, may be admitted pro hac vice: (1) in the discretion of any court of record, to participate in any matter in which the employee is employed[.]” 22 NYCRR 520.11(a)(1). “No attorney may be admitted pro hac vice pursuant to 4 of 6 FILED: NEW YORK COUNTY CLERK 03/25/2019 06:03 PM INDEX NO. 150002/2019 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 03/25/2019 paragraph (1) of subdivision (a) to participate in the pretrial or trial proceedings unless he or she is associated with an attorney who is a member of good standing of the New York bar, who shall be the attorney of record in the matter.” Id., subsection (c). Lastly, “[a]n attorney admitted pro hac vice pursuant to this section: (1) shall be familiar with and shall comply with the standards of professional conduct imposed on members of the New York bar, including the rules of Court governing the conduct of attorneys and the Rules of Professional Conduct, and (2) shall be subject to the jurisdiction of the courts of this State with respect to any acts occurring during the course of the attorney’s participation in the matter.” Id., subsection (e). As set forth in the Affidavit of Amjad M. Khan, (“Khan Aff.”), Mr. Khan is: (1) a member in good standing of the bar of the State of California; (2) associated with Mr. Barnes, who is a member in good standing of the New York bar and who shall be counsel of record (see Barnes Affirm., ¶¶ 3-4); (3) familiar with and shall comply with the standards of professional conduct imposed on members of the New York bar; and (4) shall be subject to the jurisdiction of the courts of New York with respect to any acts occurring during the course of his participation in this matter. (Khan Aff., ¶¶ 5, 8-9). Although BNSK does not have a physical office in New York State, because Mr. Barnes is a resident and counsel of record, the requirements of Judiciary Rule § 470 do not apply. See Schoenfeld v. Schneiderman, 821 F.3d 273, n. 9 (2d Cir. 2016) (holding the pro hac vice rules do not mandate nonresident attorneys to maintain an office so long as they are associated with a member in good standing of the New York bar who shall be the attorney of record in the matter.). Because Mr. Barnes is a resident attorney and will be counsel of record in the matter, Mr. Khan is not precluded from being admitted pro hac vice based on the lack of an in-state office with BNSK. 5 of 6 FILED: NEW YORK COUNTY CLERK 03/25/2019 06:03 PM INDEX NO. 150002/2019 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 03/25/2019 Finally, Mr. Khan has already been admitted pro hac vice by the Supreme Court for New York County for his representation of Plaintiffs another related matter. See Decision and Order, Oct. 13, 2017, Originating Court Index No. 656048/2016 (Dkt. No. 69) (Bransten, J.). In the interest of counsel’s ability to adequately and fully represent its clients’ best interests, this Court should grant Plaintiffs’ motion for pro hac vice admission of Mr. Khan. CONCLUSION For the foregoing reasons, Plaintiffs respectfully request that this Court grant their motion for admission pro hac vice of Amjad M. Khan, Esq. Dated: Albany, New York March 25, 2019 BROWN NERI SMITH & KHAN, LLP By: Rowennakete P. Barnes 11601 Wilshire Boulevard, Suite 2080 Los Angeles, California 90025 (310) 593-9890 QUINN EMANUEL URQUHART & SULLIVAN, LLP Kevin S. Reed 51 Madison Ave. New York, NY 10010 Attorneys for Plaintiffs AmWest Funding Corp. and William Chul Se Park 6 of 6