IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Transcription

1 Received 09/02/2015 Commonwealth Court of Pennsylvania Filed 09/02/2015 Commonwealth Court of Pennsylvania 1 REL 2001 IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN RE: Reliance Insurance Company In Liquidation NO. 1 REL 2001 MOTION FOR ADMISSION PRO HAC VICE OF RICHARD SHORE Emily Grim, of the law firm Gilbert LLP, counsel of record for The Shook and Fletcher Asbestos Settlement Trust (the Shook Trust ) and Armstrong World Industries, Inc. ( Armstrong ) in these proceedings and a member of the Pennsylvania Bar in good standings, hereby moves this court for an order pursuant Pa. R.C.P and Rule 301 of the Pennsylvania Bar Admissions Rules admitting Richard Shore to the bar of this Court, pro hac vice, for the purpose of representing the Shook Trust and Armstrong, and in support thereof would show the Court as follows: 1. Mr. Shore a partner in Gilbert LLP, located at 1100 New York Avenue, NW, Suite 700, Washington, DC Mr. Shore was admitted to the Bar of the State of New York in 1989 and the District of Columbia (1989) and has also been admitted to practice before a number of other courts, including: U.S. Court of Appeals for the Fourth Circuit, 2014 U.S. Court of Appeals for the Ninth Circuit, He is in good standing to practice before all courts to which he has been admitted. See Affidavit of Richard Shore, Esquire, attached hereto as Exhibit A.

2 3. Mr. Shore has applied to the Pennsylvania IOLTA Board and paid the appropriate fee. Attached as Exhibit B is the fee payment certification letters from the Pennsylvania IOLTA Board for the above-captioned cases. 4. The information required by Section of the Pennsylvania IOLTA regulations in order for Mr. Shore to be admitted pro hac vice has been provided to the Pennsylvania IOLTA Board 5. Mr. Shore is familiar with Pennsylvania Bar Admission Rule 301 and has agreed to abide by the Rules of Professional Conduct applicable to Pennsylvania lawyers. 6. Mr. Shore will be associated with Ms. Grim at all remaining stages of this action. 7. Ms. Grim is a member in good standing of the Bar of the Commonwealth of Pennsylvania. 8. Ms. Grim submits a verified statement pursuant to Pa.R.C.P (d)(2) which is attached as Exhibit C to this Motion. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 2

3 Date: September 2, 2015 Respectfully Submitted: By: /s/ Emily P. Grim (I.D. #308259) Richard D. Shore Counsel for The Shook and Fletcher Asbestos Settlement Trust and Armstrong World Industries, Inc. Gilbert LLP 1100 New York Avenue, NW Suite 700 Washington, DC (202)

4 EXHIBIT A

5 IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN RE: Reliance Insurance Company In Liquidation NO. 1 REL 2001 AFFIDAVIT OF RICHARD SHORE IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE I, Richard Shore, hereby submit this affidavit in support of the Motion for Admission Pro Hac Vice of Richard Shore to represent The Shook & Fletcher Asbestos Settlement Trust (the Shook Trust ) and Armstrong World Industries, Inc. ( Armstrong ) in the above-captioned action in the Commonwealth Court of Pennsylvania. 1. I am a partner in the law firm of Gilbert LLP, located at 1100 New York Avenue, NW, Suite 700, Washington, DC 20005; telephone number, ; facsimile number, ; address, shorer@gotofirm.com. 2. I was admitted to practice before, and I am in good standing as a member of, the District of Columbia Bar (admitted October 20, 1989) and the New York Bar (admitted October 3, 1988). My District of Columbia Bar Number is My New York Attorney Registration Number is I have never been suspended, disbarred, or otherwise disciplined, nor am I subject to any disciplinary proceedings.

6 4. I previously have applied for pro hac vice admission in the following pending Pennsylvania actions, Robert L. Platter v. Reliance Insurance Company, No. 269 M.D. 200, in the Commonwealth Court of Pennsylvania, Armstrong World Industries v. Century Indemnity Co., No. CL , in the Court of Common Pleas Lancaster County, Pennsylvania and Armstrong World Industries, Inc. v. Travelers Indemnity Company, No. 157 MDA 2014, in the Superior Court of Pennsylvania. 5. I agree to comply with and be bound by the applicable statutes, case law and procedural rules of the Commonwealth of Pennsylvania, including the Pennsylvania Rules of Professional Conduct. 6. I agree to subject myself to the jurisdiction of the Pennsylvania courts and the Pennsylvania Disciplinary Board with respect to acts or omissions occurring during my appearance in this matter for which admission pro hac vice is being sought. 7. I have consented to the appointment of Emily Grim, a member in good standing of the Pennsylvania bar, as the agent upon whom service of process shall be made for all actions, including disciplinary actions, that may arise out of the practice of law in this matter for which admission pro hac vice is being sought. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 2

7 Date: September 2, 2015 Respectfully Submitted: By: /s/ Richard Shore Counsel for The Shook & Fletcher Asbestos Settlement Trust and Armstrong World Industries, Inc. Gilbert LLP 1100 New York Avenue, NW Suite 700 Washington, DC (202)

8 EXHIBIT B

9 August 26, 2015 RICHARD DANIEL SHORE, Esq. GILBERT LLP 1100 NEW YORK AVE. NW SUITE 700 WASHINGTON, DC SENT TO MICHELLE CARUSO VIA Dear Attorney SHORE: This letter serves as the fee payment certification referenced in 204 Pa Code and acknowledges receipt of the $ fee paid by Check on this date related to your pursuit for admission pro hac vice in the case identified as Shook & Fletcher Asbestos Settlement Trust v. Reliance Insurance Co., in Liquidation, no. 1 REL 2001, filed in the Commonwealth Court of Pennsylvania. You should refer to Pa Rule of Civil Procedure , local court rules, and other regulations of 204 Pa Code et. seq. concerning additional requirements related to seeking pro hac vice admission. Sincerely, Stephanie S. Libhart Executive Director cc: EMILY PEARSON GRIM, Esq. grime@gotofirm.com Pennsylvania Judicial Center 601 Commonwealth Ave., Ste PO Box 62445, Harrisburg, PA / /PA-IOLTA ( ) 717/ FAX paiolta@pacourts.us Administering Pennsylvania s Interest On Lawyers Trust Account (IOLTA) Program

10 EXHIBIT C

11 IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN RE: Reliance Insurance Company In Liquidation NO. 1 REL 2001 VERIFIED STATEMENT OF EMILY GRIM I, Emily Grim, state: 1) After reasonable investigation, I reasonably believe Richard Shore to be a reputable and competent attorney and I am in a position to recommend the Mr. Shore s admission. 2) I am not acting as the sponsor of any other candidate for admission pro hac vice in Pennsylvania. 3) Any proceeds from the settlement of this cause of action in which Richard Shore is granted admission pro hac vice shall be received, held, distributed, and accounted for in accordance with Rule 1.15 of the Pennsylvania Rules of Professional Conduct, including the IOLTA provisions thereof, if applicable. I hereby declare under penalty of perjury that the forgoing is true and correct to the best of my knowledge.

12 Date: September 2, 2015 /s/ Emily P. Grim (I.D. #308259) Counsel for The Shook and Fletcher Asbestos Settlement Trust and Armstrong World Industries, Inc. Gilbert LLP 1100 New York Avenue, NW Suite 700 Washington, DC (202)

13 IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN RE: Reliance Insurance Company In Liquidation NO. 1 REL 2001 ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF RICHARD SHORE Comes now Richard Shore, and the Motion for Admission Pro Hac Vice of Richard Shore having been filed and the Court being fully advised, it is hereby Ordered that the Motion for Admission Pro Hac Vice of Richard Shore be granted and that Richard Shore be admitted pro hac vice as counsel for The Shook & Fletcher Asbestos Settlement Trust and Armstrong World Industries, Inc. DATED THIS DAY OF, 20