Terry Neff and Iron Workers Mid- South Pension Fund v. Nicholas F. Brady, David J. Butters, Willilam E. MacAulay, Robert B. Millard, Robert K. Moses, Jr., Robert a Rayne, Bernard J. Duroc-Danner and Burt M. Martin ( 2015 )

ACCEPTED
01-15-00544-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
12/2/2015 9:59:44 AM
CHRISTOPHER PRINE
CLERK
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
No. 01*15-00544-CV 12/2/2015 9:59:44 AM
CHRISTOPHER A. PRINE
IN THE FIRST COURT OF APPEALS Clerk
HOUSTON, TEXAS
TERRY NEFF AND IRON WORKERS MID-SOUTH PENSION FUND, Derivatively
on Behalf of Weatherford Intcrnalional Ltd.,
Appellants,
vs.
NICHOLAS F. BRADY, DAVID J. BUTTERS, WILLIAM E. MACAULAY, ROBERT'
B. MILLARD, ROBERT K. MOSES, JR., ROBERT A RAYNE, BERNARD J.
DUROC-DANNER AND BURT M. MARTIN, AND WEATHERFORD
INTERNATIONAL LTD. A SWISS CORPORATION,
Appellees.
Appeal from the 270th Judicial District Court
Harris County, Texas
No. 2010-40764
BENNY C. GOODMAN HI'S UNOPPOSED MOTION FOR PRO MAC VICE
ADMISSION
Joe Kendall Benny C. Goodman III
SBN 11260700 CA SBN 211302
Jamie J. McKey ROBBINS GELLER RUDMAN
SBN 24045262 & DO WD LLP
KENDALL LAW GROUP, LLP 655 West Broadway, Suite 1900
3232 McKinney Avenue, Suite 700 San Diego, CA92101
Dallas, TX 75204 T: (619) 231-1058
j kern lall@kcnda 11lawgro up.com F:(619) 231-7423
jmckcy@kendalllawgroiip.c:om
T: (214) 744-3000/F: (214) 744-3015
Attorneys for Appellants
1093752J
I, Benny C. Goodman III, under the authority of the Rules Governing Admission to
the Bar of Texas, Rule XIX, file this Unopposed Motion for Pro Mac Vice Admission to
appear before the Court.
I. FACTS
1. As a mandatory initial requirement, I have complied with the requirements of
Texas Government Code §82.0361 concerning payment of a non- resident attorney fee to the
Board of Law Examiners. A true and correct copy of the Non-Resident Acknowledgment
Letter is attached hereto as Exhibit A.
I am associated with Jamie J. McKey of Kendall Law Group, who will
personally participate in the proceedings of this case. Jamie J. McKey is a practicing attorney
and a member of the State Bar of Texas. Ms. McKey's State Bar card number is 24045262
and her office address, telephone number, and facsimile number are: Kendall Law Group,
LLP, 3232 McKinney Avenue, Suite 700, Dallas, Texas 75204, Telephone: (214) 744-3000,
Facsimile: (214) 744-3015.
3. I am an active member in good standing of the following jurisdictions: State of
California; U.S. District Court for Northern, Central, and Southern Districts of California;
United States District Court for the District of Columbia; and the U.S. Court of Appeals for
the D.C., Sixth and Seventh Circuits.
4. I have not been the subject of disciplinary action in the last five years by the
bar or courts of any jurisdiction in which I am licensed,
1093752J
5. 1 have not been denied admission to the courts of any state or to any federal
court during the last five years.
6. 1 am familiar with the State Bar Act, the State Bar Rules, and the Texas
Disciplinary Rules of Professional Conduct governing conduct of members of the State Bar
of Texas, and T will abide by and comply with those rules as long as this cause of action is
pending.
1 have not appeared or sought leave to appear in the following Texas State
courts in the last two years.
8. My office address, telephone number, and facsimile number are: Robbins
Geller Rudman & Dowd LLP, 655 West Broadway, Suite 1900, San Diego, CA 92101,
Telephone: (619) 2,314058, Fax: (619) 231-7423.
II. PRAYER
For these reasons, I ask this Court to grant my Unopposed Motion for Pro Mac Vice
Admission and to allow me to appear before this Court until the conclusion of this cause of
action.
DATED: November 30, 2015 Respectfully submitted,
ROBBINS GELLER RUDMAN
& DOWD LLP
BENNY C. GOODMAN 111
tv/&- _
IP1
BENNY C. GOODMAN III
1093752J
655 West Broadway, Suite 1900
San Diego, CA 92101
T: (619) 231-1058
F: (619) 231-7423
KENDALL LAW GROUP, LLP
JOE KENDALL
JAMIE J. MCKEY
3232 McKinney Avenue, Suite 700
Dallas, TX 75204
T: (214) 744-3000
F: (214) 744-3015
Attorneys for Appellants
-3-
1093752_1
CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.1(a)(5), I hereby certify that
counsel for Appellants conferred with counsel for Appellees regarding Benny C. Goodman
III Motion for Pro Hac Vice Admission. Counsel for Appellees confirmed that Appellees do
not oppose the motion.
'feW /H
BENNY C. GOODMAN III
- 4-
1093752J
AFFIDAVIT
STATE OF CALIFORNIA )
) ss:
COUNTY OF SAN DIEGO )
Comes now Benny C. Goodman III, of lawful age, being first duly sworn, and states
for his affidavit supporting the within Unopposed Motion for Pro Hac Vice Admission that
the above-mentioned facts are true based upon his knowledge, information, and belief.
.&*
M
BENNY C. GOODMAN III
Sworn to and subscribed before me this 30th day of November, 2015
Notary Public, Stated)I' California
My commission expires: /&M/
A Notary Public or other officer
/
j 'ilfrrV
I
Z
1w m m
DEBORAH O.'HAYES'
Commission # 2126468
t
Notary Public • California
San Diego County
My Comm. Expires Oct 9.2019[
g
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
1093752J
EXHIBIT A
Board of Law Examiners
Appointed by the Supreme Court otT cxas
P.O.Box 13480 * Austin,! exas 73711-3466
Arknowled^mcnt Letter
Non-Resident Attorney Fee
November 20, 2015
To: spatel@rgrdlaw.com
Via: spateI@rgrdla\v.com
According to Texas Governmont Code §02.0361, "a nonresident attorney
requesting permission to participate in proceedings in a court in this state shall
pay a foe of $250 for each case in which the attorney is requestingt o
participate."
This Acknowledgement Letter serves as prooft halt he Board of Law
Examiners has received $250 in connection with the following matter:
Non-resident attorney; Benny C. Goodman III
Case: 01-15 •00544-CV
I exas court or body: 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 vWiich 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 tfiTs Acknowledgment L etter 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 iti s 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
CERTIFICATE OF SERVICE
I hereby certify that on December 1, 2015, a true and correct copy of the foregoing
motion was served on the following counsel in the manner indicated:
James A. Reeder, Jr. Rebecca N. Brandt
Jeffrey S. Johnston LATHAM & WATKINS LLP
Stacy M. Neal 811 Main Street, Suite 3700
Nicholas Shum Houston, TX 77002
Stephanie Miller rebecca.brandt@lw.com
VINSON & ELK1NS LLP VIA E-FILE AND E MAIL
1001 Fannin St., Suite 2500
Houston, TX 77002
jreeder@velaw.coni
jjohnston@velaw.com
sneal@velaw.coni
nshum@velaw.com
smiller@velaw.com
VIA E-FILE AND E-MAIL
N. Scott Fletcher Peter A. Wald
Elizabeth G. Myers LATHAM & WATKINS LLP
JONES DAY 505 Montgomery Street, Suite 2000
717 Texas, Suite 3300 San Francisco, CA 94111
Houston, TX 77002 peter.wald@lw.com
sfletcher@jonesday.com VIA E-FILE AND E-MAIL
egmyers@jonesday.com
VIA E-FILE AND E-MAIL
Robert S. Bennett Kevin H. Metz
Ellen Kennedy LATHAM & WATKINS LLP
HOGAN LOVELLS US LLP 555 Eleventh Street NW, Suite 1000
555 Thirteenth Street, NW Washington, DC 20004
Washington, DC 20004 kevin.metz@lw.com
robcrt.bennctt@hoganlovells.com VIA E FILE AND E MAIL
ellen.kennedy@hoganlovells.com
VIA E FILE AND E-MAIL
1093752_1
Noelle M. Reed
Charles W. Schwartz
SKADDEN, ARPS, SLATE,
MEAGHER & FLOM LLP
1000 Louisiana Street, Suite 6800
Houston, TX 77002
noelle.reed@skadden.coin
charles.schwartz@skadden.com
VTA E-FILE AND E-MAIL
/
JL
Y C. GOODMAN 111
1093752 _1