Levco Construction, Inc. v. Cleveland Construction Inc.Whole Foods Market, Inc. ( 2015 )

ACCEPTED 01-15-00620-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 8/11/2015 5:19:28 PM CHRISTOPHER PRINE CLERK No. 01-15-00620-CV ________________________________________________________________________________________________________ IN THE COURT OF APPEALS OF TEXAS FILED IN 1st COURT OF APPEALS FOR THE FIRST DISTRICT HOUSTON, TEXAS HOUSTON, TEXAS 8/11/2015 5:19:28 PM ________________________________________________________________________________________________________ CHRISTOPHER A. PRINE Clerk LEVCO CONSTRUCTION, INC. Appellant and Cross-Appellee, V. CLEVELAND CONSTRUCTION, INC. Appellee, V. WHOLE FOODS MARKET ROCKY MOUNTAIN/SOUTHWEST, L.P., Appellee and Cross-Appellant. ________________________________________________________________________________________________________ Appealed from the 270th District Court of Harris County, Texas, Cause No. 2011-23308 ________________________________________________________________________________________________________ UNOPPOSED SWORN MOTION FOR PRO HAC VICE ADMISSION OF LEAH A. ROCHWARG ________________________________________________________________________________________________________ TO THE HONORABLE COURT OF APPEALS OF TEXAS FOR THE FIRST DISTRICT OF HOUSTON, TEXAS: Leah A. Rochwarg, as counsel for Appellee and Cross-Appellant Whole Foods Market Rocky Mountain/Southwest, L.P. (“Whole Foods”) respectfully files this Unopposed Sworn Motion for Pro Hac Vice Admission of Leah A. Rochwarg pursuant to Texas Government Code Section 82.001, et seq. and Rule XIX of the Rules Governing Admission to the Bar of Texas. Whole Foods’ counsel has consulted with counsel for all other parties to this appeal. All parties are unopposed to this motion. 1. Ms. Rochwarg’s contact information is: Seyfarth Shaw, LLP, Two Seaport Lane, Suite 300, Boston, MA 02210; Phone: (617) 946-4800; Fax: (617) 946- 4801; email: lrochwarg@seyfarth.com. 2. Robert J. Carty, Jr. is an attorney licensed in Texas and will remain associated in these proceedings. Mr. Carty’s contact information is: Seyfarth Shaw LLP, 700 Milam Street, Suite 1400, Houston, Texas 77002; Phone: (713) 225-2300; Facsimile: (713) 225-2340; email: rcarty@seyfarth.com, Texas State Bar No. 00788794. 3. Ms. Rochwarg has not appeared or sought leave to appear in any Texas federal or state courts within the past two years, with the exception of her pro-hac- vice admission as counsel for Whole Foods in the trial-court proceedings in this case. 4. Ms. Rochwarg is an active member in good standing in each of the following courts and jurisdictions: a. Commonwealth of Massachusetts; b. State of Florida; c. District of Columbia; d. United States District Court for the District of Massachusetts; and e. United States Court of Appeals for the First Circuit. 5. Ms. Rochwarg has not been the subject of any disciplinary action by the Commonwealth of Massachusetts Bar or by any state or federal courts in any jurisdiction of the United States. 6. Ms. Rochwarg has not been denied admission to any state or federal courts in the United States during the preceding five years. 7. Ms. Rochwarg is familiar with the Texas State Bar Act, the Texas State Bar Rules, and the Texas Disciplinary Rules of Professional Conduct governing the conduct of members of the State Bar of Texas, and will at all times abide by and comply with same so long as this matter is pending and she has not withdrawn as counsel herein. 8. Mr. Carty finds Ms. Rochwarg to be a reputable attorney and recommends that Ms. Rochwarg be granted permission to participate in this matter before this Court. 9. Pursuant to Rule XIX(c) of the Rules Governing Admission to the Bar of Texas, Ms. Rochwarg submits the Non-Resident Acknowledgement Letter from the Texas State Board of Law Examiners. See Exhibit A, Acknowledgement Letter. WHEREFORE, Leah A. Rochwarg respectfully request that this Motion be granted and grant such other and further relief as is just and appropriate under the circumstances. Respectfully submitted, /s/ Leah A. Rochwarg Leah A. Rochwarg, pro hac vice pending Mass. SBN 566524 lrochwarg@seyfarth.com Robert J. Carty, Jr. Texas Bar No. 00788794 rcarty@seyfarth.com 700 Milam Street, Suite 1400 Houston, Texas 77002-2812 Telephone: (713) 225-2300 Facsimile: (713) 225-2340 John H. Hempfling, II Texas Bar No. 24029609 John.Hempfling@wholefoods.com Global Litigation Counsel Whole Foods Market Central Office 550 Bowie Street Austin, Texas 78703 Telephone: (512) 542 0213 Facsimile: (512) 482-7213 COUNSEL FOR APPELLEE AND CROSS- APPELLANT WHOLE FOODS MARKET ROCKY MOUNTAIN/SOUTHWEST, L.P. CERTIFICATE OF CONFERENCE I certify that, on August 11, 2015, I conferred with Gregory Jones, counsel for Levco Construction, Inc.; Josh Bowlin, counsel for Cleveland Construction, Inc.; and Alan Harlan, counsel for Insurors Indemnity; and that each counsel informed me that his client does not oppose this Motion. /s/ Leah A. Rochwarg Leah A. Rochwarg CERTIFICATE OF SERVICE I hereby certify that on this 11th day of August, 2015, a true and correct copy of the foregoing instrument was properly forwarded to counsel of record in accordance with the Texas Rules of Appellate Procedure, as follows: Josh N. Bowlin, Esq. Alan J. Harlan, Esq. josh.bowlin@chamberlainlaw.com aharlan@wgblawfirm.com Chamberlain, Hrdlicka, White, Williams Wright Ginsberg Brusilow, P.C. & Martin 14755 Preston Road, Suite 600 1200 Smith Street, Suite 1400 Dallas, Texas 75254 Houston, Texas 77002-4310 Fax: 972-702-0662 Fax: 713-658-2553 COUNSEL FOR INSURORS COUNSEL FOR CLEVELAND INDEMNITY CONSTRUCTION, INC. Gregory N. Jones, Esq. gjones@gnjlaw.net Law Offices of Gregory N. Jones 1001 Texas Avenue, 14th Floor Houston, Texas 77002 Fax: 713-979-4440 COUNSEL FOR LEVCO CONSTRUCTION, INC. /s/ Robert J. Carty, Jr. Robert J. Carty, Jr. VERIFICATION STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned Notary Public, on this day personally appeared Robert J. Carty, Jr., known to me to be the person whose name is subscribed above, and acknowledged to me that he signed the foregoing document and that the information in paragraph 2 of the foregoing Unopposed Sworn Motion for Pro Hac Vice Admission of Leah A. Rochwarg is within his personal knowledge and true and correc Robert J. SUBSCRIBED AND SWORN TO BEFORE ME on this day of August, 2015, to certify which witness my hand and seal of office. a_f-ru.r) elir:1:;"., BEVERLY ANN MAXWELL Notary Public in and for ;-.1.:*y-s. Notary Public., S.tate of Texas the State of Texas st7- 474. My Commission Expires --,7%;;;;*". December 18, 2018 L My commission expires: t Ig VERIFICATION COMMONWEALTH OF MASSACHUSETTS COUNTY OF 111(k BEFORE ME, the undersigned Notary Public, on this day personally appeared Leah A. Rochwarg, known to me to be the person whose name is subscribed above, and acknowledged to me that she signed the foregoing document, that the information in paragraphs 1-9 of the foregoing Unopposed Sworn Motion for Pro Hac Vice Admission of Leah A. Rochwarg is within her personal knowledge and true and •- eitaR re Ili SUBSCRIBED AND SWORN TO BEFORE ME on this day of August, 2015, to certify which witness my hand and seal of office. ary Pub n and for e State o alifornia My commission expires: c7A KIMBERLY H. HOVEY Notary Public Commonwealth of Massachusetts My Commission Expires May 13, 2022 EXHIBIT A Acknowledgment Letter Board of Law Examiners Appointed by the Supreme Court of Texas P.O. Box 13486 * Austin, Texas 78711-3486 Acknowledgment Letter Non-Resident Attorney Fee August 05, 2015 To: Beverly Maxwell Via: bmaxwell@seyfarth.com According to Texas Government Code §82.0361, “a nonresident attorney requesting permission to participate in proceedings in a court in this state shall pay a fee of $250 for each case in which the attorney is requesting to participate.” This Acknowledgement Letter serves as proof that the Board of Law Examiners has received $250 in connection with the following matter: Non-resident attorney: Leah A. Rochwarg Case: 01-15-00620-cv Texas court or body: Levco Construction Inc v Whole Foods Market Inc etal;01150020CV;First Court of Appeals Houston Texas After satisfying the fee requirement, a non-resident attorney shall file a motion in the Texas court or body in which the non-resident attorney is requesting permission to appear. The motion shall contain the information and statements required by Rule XIX(a) of the Rules Governing Admission to the Bar of Texas. The motion must be accompanied by this Acknowledgment Letter and by a motion from a resident practicing Texas attorney that contains the statements required by Rule XIX(b). The decision to grant or deny a non-resident attorney’s motion for permission to participate in the proceedings in a particular cause is made by the Texas court or body in which it is filed. For more information, please see Rule XIX of the Rules Governing Admission to the Bar of Texas and §82.0361 of the Texas Government Code, which can be found on the Board’s website. Sincerely, Susan Henricks Executive Director