Ensign Services, L.L.C. (f/K/A Fe Services, L.L.C.), Fe Services Holdings Inc., and James Stewart v. Marc Jan Levesconte

Court of Appeals of Texas·Decided June 9, 2015·No. 01-14-01026-CV·Published

Opinion

ACCEPTED 01-14-01026-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 6/9/2015 4:33:59 PM CHRISTOPHER PRINE CLERK

No. 01-14-01026-CV

IN THE COURT OF APPEALS OF TEXAS FILED IN 1st COURT OF APPEALS FOR THE FIRST DISTRICT HOUSTON, TEXAS HOUSTON, TEXAS 6/9/2015 4:33:59 PM CHRISTOPHER A. PRINE Clerk ENSIGN SERVICES, LLC (F/K/A FE SERVICES, L.L.C.), FE SERVICES HOLDINGS, INC., AND JAMES STEWART, Appellants, V. MARC JAN LEVESCONTE Appellee.

Appealed from the 333rd District Court of Harris County, Texas, Cause No. 2009-04966

UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION OF JAMES M. HARRIS

TO THE HONORABLE COURT OF APPEALS OF TEXAS FOR THE FIRST DISTRICT OF HOUSTON, TEXAS: Appellants Ensign Services, L.L.C. (f/k/a FE Services, L.L.C.), FE Services

Holdings, Inc., and James Stewart ("Appellants") respectfully file their Unopposed

Motion for Pro Hac Vice Admission of James M. Harris pursuant to Texas

Government Code Section 82.001, et seq. and Rule XIX of the Rules Governing

Admission to the Bar of Texas. The undersigned counsel has consulted with Mr.

Kelley, the attorney representing Appellee Marc Jan Levesconte ("Appellee"). Mr.

Kelley states that Appellee does not oppose this motion. 1. Mr. Harris's contact information is: Seyfarth Shaw, LLP, 2029 Century

Park East 3500, Los Angeles, California 90067; Phone: (310) 277-7200; Fax: (310)

201-5219; email: jmharris@seyfarth.com.

2. Emma C. Mata is an attorney licensed in Texas and will remain

associated in these proceedings. Ms. Mata's contact information is: Seyfarth Shaw

LLP, 700 Milam Street, Suite 1400, Houston, Texas 77002; Phone: (713) 225-2300;

Facsimile: (713) 225-2340; email: emata@seyfarth.com, Texas State Bar No. 24029470.

3. Mr. Harris has not appeared or sought leave to appear in any Texas

federal or state courts within the past two years.

4. Mr. Harris is an active member in good standing in each of the following

courts and jurisdictions:

a. State of California; b. District of Columbia;

c. United States Court of Appeals, for the Second, Fourth, Fifth, Sixth, Ninth, and Tenth Circuits; and

d. United States Supreme Court.

5. Mr. Harris has not been the subject of any disciplinary action by the

State of California Bar, District of Columbia Bar, or any state or federal courts in any

jurisdiction of the United States.

6. Mr. Harris has not been denied admission to any state or federal courts

in the United States during the preceding five (5) years. 7. Mr. Harris 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 he has not withdrawn as

counsel herein.

8. Pursuant to Rule XIX(b) of the Rules Governing Admission to the Bar

of Texas, Appellants submit Ms. Mata's motion, which contains a statement that she

finds Mr. Harris to be a reputable attorney and recommending that Mr. Harris be

granted permission to participate in this matter before this Court. See Exhibit A, E.

Mata's Rule XIX(b) Motion.

9. Pursuant to Rule XIX(c) of the Rules Governing Admission to the Bar

of Texas, Appellants submit the Non-Resident Acknowledgement Letter from the

Texas State Board of Law Examiners. See Exhibit B, Acknowledgement Letter.

WHEREFORE, Appellants 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/ Robert J Carty, Jr.

Emma C. Mata Texas Bar No. 24029470 emata@seyfarth.corn Robert J. Carty, Jr. Texas Bar No. 00788794 rcarty@seyfarth. corn Seyfarth Shaw LLP 700 Milam St., Suite 1400 Houston, Texas 77002 Telephone: (713) 225-2300 Facsimile : (713) 225-2340

Wanda McKee Fowler Texas Bar No. 13698700 fowler@wrightclose.com Wright & Close LLP Three Riverway, Suite 600 Houston, Texas 77056 Telephone: (713) 572-4321 Facsimile: (713) 572-4320

ATTORNEYS FOR APPELLANTS ENSIGN SERVICES, L.L.C. (F/K/A FE SERVICES, L.L.C.), FE SERVICES HOLDINGS, INC., AND JAMES STEWART CERTIFICATE OF CONFERENCE I certify that, on June 5, 2015, I conferred with Appellee's counsel, Lloyd Kelley; and that Mr. Kelley informed me that Appellee does not oppose this Motion.

/s/ Emma C Mata Emma C. Mata

CERTIFICATE OF SERVICE

I hereby certify that on this 9th day of June, 2015, a true and correct copy of the foregoing instrument was properly forwarded to counsel of record for Marc Jan LeVesconte, Cross-Appellant/Appellee in accordance with the Texas Rules of Appellate Procedure, as follows:

Lloyd E. Kelley THE KELLEY LAW FIRM 2726 Bissonnet, Ste. 240 PMB 12 Houston, Texas 77005 (281) 652-5973 - fax Attorney for Plaintiff

/s/ Emma C. Mata Emma C. Mata EXHIBIT A No. 01-14-01026-CV

IN THE COURT OF APPEALS OF TEXAS FOR THE FIRST DISTRICT HOUSTON, TEXAS

ENSIGN SERVICES, LLC (F/K/A FE SERVICES, L.L.C.), FE SERVICES HOLDINGS, INC., AND JAMES STEWART, Appellants, V. MARC JAN LEVESCONTE Appellee.

Appealed from the 333rd District Court of Harris County, Texas, Cause No. 2009-04966

EMMA C. MATA'S MOTION PURSUANT TO RULE XIX(B) OF THE RULES OF GOVERNING ADMISSION TO THE BAR OF TEXAS

TO THE HONORABLE COURT OF APPEALS OF TEXAS FOR THE FIRST DISTRICT OF HOUSTON, TEXAS: Emma C. Mata respectfully files her motion pursuant to Rule XIX(b) of the

Rules of Governing Admission to the Bar of Texas in support of Appellants Ensign

Services, L.L.C. (f/k/a FE Services, L.L.C.), FE Services Holdings, Inc., and James

Stewart ("Appellants") Unopposed Motion for Pro Hac Vice Admission of James M.

Harris. The undersigned counsel hereby finds that Mr. Harris is a reputable attorney

and move that Mr. Harris be granted permission to participate in this matter before

this Court. WHEREFORE, Emma C. Mata, on behalf of Appellants, hereby 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 I Emma C. Mata

Emma C. Mata Tex. Bar No. 24029470 emata@seyfarth.com SEYFARTH SHAW LLP 700 Milam, Suite 1400 Houston, Texas 77002 Telephone: (713) 225-2300 Telecopier: (713) 225-2340

Attorneys for Appellants Ensign Services, LL C (f/ k/ a FE Services, LL C.), FE Services Holdings, Inc., and James Stewart EXHIBIT B Board of Law Examiners Appointed by the Supreme Court of MVO

Non-Resident Acknowledgment Letter June 03, 2015

JAMES MICHAEL HARRIS SEYFARTH SHAW LLP 2029 CENTURY PARK EAST 3500 LOS ANGELES CA 90067-3021

Application Received: 6/3/15 Causeiroxas Court of Record; 01-14-01026-CV COURT OF APPEALS FOR THE 1ST DISTRICT

FROM: Angus Tilney, Licensure Analyst, 512-463-5409

This letter acknowledges receipt of your Application for Pro Hac Vice admission and serves as your Proof of Payment of Fee.

Filing the Application for Pro Hac Vice Admission and fee is the mandatory first step in your request for permission to participate in proceedings in a Texas Court. The next step is to file a sworn motion, in compliance with Rule XIX of the current Rules Governing Admission to the Bar of Texas, in the Texas Court in which you request to participate, which must be accompanied by this acknowledgment letter, The decision to grant or deny your application is ultimately made by the Texas Court in which you request to participate.

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