Opinion
No. 654855/2022 MOTION SEQ. NO. 002
05-23-2023
AVENUE CAPITAL MANAGEMENT II, L.P., STORM PETREL LEASING 979 LIMITED, STORM PETREL LEASING 1002 LIMITED, SHEARWATER AIRCRAFT LEASING II 28520 LIMITED, SHEARWATER AIRCRAFT LEASING 28533 LIMITED, Plaintiffs, v. CHUBB EUROPEAN GROUP S.E., BERKSHIRE HATHAWAY INTERNATIONAL INSURANCE LTD., HOUSTON CASUALTY COMPANY, LONDON BRANCH, MAPFRE ESPANA COMPANIA DE SEGUROS Y REASEGUROS S.A., MITSUI SUMITOMO INSURANCE COMPANY (EUROPE) LIMITED, LLOYD'S SYNDICATE 0510 KLN, LLOYD'S SYNDICATE 1880 TMK, SWISS RE INTERNATIONAL SE, LLOYD'S SYNDICATE 2623 AFB, LLOYD'S SYNDICATE 0623 AFB, FIDELIS UNDERWRITING LIMITED, LLOYD'S SYNDICATE 0435 FDY, LLOYD'S SYNDICATE 1919 CVS, LLOYD'S SYNDICATE 1084 CSL, HDI GLOBAL SPECIALTY SE, GREAT LAKES INSURANCE SE, CONVEX INSURANCE UK LIMITED, AXIS SPECIALTY EUROPE SE, LLOYD'S SYNDICATE 0609 AUW, LLOYD'S SYNDICATE 3010 LRE, LLOYD'S SYNDICATE 2010 MMX, LLOYD'S SYNDICATE 4472 LIB, LLOYD'S SYNDICATE 2012 AAL, LLOYD'S SYNDICATE 1729 DUW, ARCH MANAGING AGENCY LIMITED FOR AND ON BEHALF OF THE 2021 UNDERWRITING MEMBERS OF SYNDICATE 2012 AT LLOYD'S, ATRIUM UNDERWRITERS LIMITED FOR AND ON BEHALF OF THE 2021 UNDERWRITING MEMBERS OF SYNDICATE 60 AT LLOYD'S, LIBERTY CORPORATE CAPITAL LIMITED AS SOLE CORPORATE MEMBER OF SYNDICATE 4472 AT LLOYD'S FOR THE 2021 YEAR OF ACCOUNT, BEAZLEY FURLONGE LIMITED FOR AND ON BEHALF OF THE 2021 UNDERWRITING MEMBERS OF SYNDICATE 623 AND SYNDICATE 2623 AT LLOYD'S, CHAUCER CORPORATE CAPITAL (NO. 3) LTD. (UK) AS THE SOLE CORPORATE MEMBER OF SYNDICATE 1084 AT LLOYD'S FOR THE 2021 YEAR OF ACCOUNT, DALE MANAGNG AGENCY LIMITED FOR AND ON BEHALF OF THE 2021 UNDERWRITING MEMBERS OF SYNDICATE 1729 AT LLOYD'S, LANCASHIRE SYNDICATES LIMITED FOR AND ON BEHALF OF THE PARTICIPATING 2021 UNDERWRITING MEMBERS OF SYNDICATE 2010 AT LLOYD'S, TOKIO MARINE KILN SYNDICATES LIMITED ON BEHALF OF ALL UNDERWRITING MEMBERS OF LLOYD'S SYNDICATE 510 AND LLOYD'S SYNDICATE 1880, FARADAY CAPITAL LIMITED, THE SOLE MEMBER OF AND CAPITAL PROVIDER TO LLOYD'S SYNDICATE 435, STARR SYNDICATE LIMITED AS SOLE UNDERWRITING MEMBER OF LLOYD'S SYNDICATE 1919, STARR MANAGING AGENTS LIMITED ON BEHALF OF LLOYD'S SYNDICATE CVS 1919, DOES 1-10 Defendants.
Unpublished Opinion
MOTION DATE 05/02/2023
DECISION + ORDER ON MOTION
JOEL M.COHEN, J.
The following e-filed documents, listed by NYSCEF document number (Motion 002) 67, 68, 69, 70, 71, 77,79 were read on this motion for PRO HAC VICE
CHRISTOPHER R. BARTH, ESQ., having applied to this Court for admission pro hac vice to represent Defendants Atrium Underwriters Limited for and on behalf of the 2021 underwriting members of Syndicate 609 at Lloyd's, Liberty Corporate Capital Limited as sole corporate member of Syndicate 4472 at Lloyd's for the 2021 year of account, and Lancashire Syndicates Limited for and on behalf of the participating 2021 underwriting members of Syndicate 3010 and Syndicate 2010 at Lloyd's, Arch Managing Agency Limited for and on behalf of the 2021 underwriting members of Syndicate 2012 at Lloyd's, Dale Managing Agency Limited for and on behalf of the 2021 underwriting members of Syndicate 1729 at Lloyd's, Beazley Furlonge Limited for and on behalf of the 2021 underwriting members of Syndicate 623 and Syndicate 2623 at Lloyd's, and Chaucer Corporate Capital (No. 3) Ltd. (UK) as the sole corporate member of Syndicate 1084 at Lloyd's for the 2021 year of account (collectively, the "Defendants"), and applicant having submitted (i) an Affirmation of Joseph N. Froehlich, Esq., a member of the Bar of the State of New York and attorney of record herein for the above-named Defendants, (ii) an affidavit of the applicant dated March 24, 2023, and (iii) a Certificate of Good Standing from the jurisdiction in which the applicant was admitted to the practice of law, and the Court having reviewed the foregoing submissions and due deliberation having been had, it is now therefore
ORDERED that the motion for leave to appear pro hac vice is GRANTED and Christopher R. Barth, Esq. is permitted to appear and to participate in this action on behalf of Defendants; and it is further
ORDERED that he shall be at all times during this action be associated with counsel who is a member in good standing of the Bar of the State of New York and is attorney of record for the aforesaid parties; and it is further
ORDERED that all pleadings, briefs, and other papers filed with the Court shall be signed by the attorney of record, who shall be responsible for such papers and for the conduct of this action; and it is further
ORDERED that, pursuant to Section 520.11 of the Rules of the Court of Appeals and Section 602.2 of the Rules of the Appellate Division, First Department, the attorney hereby admitted pro hac vice shall be familiar with and abide by the standards of professional conduct imposed upon members of the New York Bar, including the rules of the courts governing the conduct of attorneys and the Rules of Professional Conduct; and it is further
ORDERED that he shall be subject to the jurisdiction of the courts of the State of New York with respect to any acts occurring during the course of his participation in this matter; and it is further
ORDERED that counsel shall notify the court immediately of any matter or event in this or any other jurisdiction that affects his standing as a member of the bar.