Opinion
2:21-CV-01259-TLN-AC
07-27-2021
JUDITH I. NAPOLEON, Plaintiffs v. UNITED SERVICES AUTOMOBILE ASSOCIATION, ET AL, Defendants
Catherine J. Baumgartner No. 327062 McDOWELL HETHERINGTON LLP David T. McDowell Tx No. 0791222 * McDOWELL HETHERINGTON LLP Attorneys for Defendant USAA LIFE INSURANCE COMPANY
Catherine J. Baumgartner No. 327062
McDOWELL HETHERINGTON LLPDavid T. McDowell Tx No. 0791222 *
McDOWELL HETHERINGTON LLP
Attorneys for Defendant USAA LIFE INSURANCE COMPANY
APPLICATION FOR PRO HAC VICE AND PROPOSED ORDER
Pursuant to Local Rule 180(b)(2) of the United States District Court for the Eastern District of California, David McDowell hereby applies for permission to appear and participate as counsel in the above entitled action on behalf of the following party or parties:
USAA Life Insurance Company. On 11/04/1994 (date), I was admitted to practice and presently in good standing in the Texas Supreme Court (court). A certificate of good standing from that court is submitted in conjunction with this application. I have not been disbarred or formally censured by a court of record or by a state bar association; and there are not disciplinary proceedings against me.
[√] I have [] I have not concurrently or within the year preceding this application made a pro hac vice application to this court. (If you have made a pro hac vice application to this court within the last year, list the name and case No. of each matter in which an application was made, the date of application and whether granted or denied.)
ORDER
The Pro Hac Vice Application is APPROVED. The Pro Hac Vice Attorney is DIRECTED to request filing access through PACER.
EXHIBIT A
Office of the Chief Disciplinary Counsel
Re: Mr. David T. McDowell, State Bar Number 00791222
To Whom It May Concern:This is to certify that Mr. David T. McDowell was licensed to practice law in Texas on November 04, 1994, and is an active member in good standing with the State Bar of Texas. "Good standing" means that the attorney is current on payment of Bar dues; has met Minimum Continuing Legal Education requirements; and is not presently under either administrative or disciplinary suspension from the practice of law.
This certification expires 30 days from the date, unless sooner revoked or rendered invalid by operation of rule or law.
Sincerely, Seana Willing Chief Disciplinary Counsel
PROOF OF SERVICE
Complaint Filed: June 2, 2021
I, Wilma G. Cabrera, declare that I was over 18 years of age and not a party to this action. I am employed by McDOWELL HETHERINGTON LLP. My business address is 1 Kaiser Plaza. Suite 340, Oakland, CA 94612. My business telephone number is (510) 628.2145; my business fax number is (510) 628-2146.
On July 23rd, 2021, I served the within: SEE ATTACHED LIST on the interested parties in said action by:
[ ] BY ELECTRONIC MAIL: I caused all of the pages of the above-entitled document(s) to be served, via electronic mail (e-mail), to the e-mail address of the addressee(s) so indicated.
[ ] BY ELECTRONIC FILING: I caused all of the pages of the above-entitled document(s) to be electronically filed and served on designated recipients through the Electronic Case Filing system for the above-entitled case. Please see attached list of documents and recipients served. The file transmission was reported as successful and a copy of the Electronic Case Filing Receipt will be maintained with the original document(s) in our office.
[X] BY MAIL: as follows:
[ ] BY OVERNIGHT COURIER: I placed the above-referenced document(s) in an envelope for collection and delivery on this date in accordance with standard FEDERAL EXPRESS overnight delivery procedures.
[X] By placing a copy thereof in a sealed envelope addressed as follows: SEE ATTACHED LIST.
I am readily familiar with the business' practice for collection and processing of correspondence for mailing with the United States Postal Service; and that the correspondence shall be deposited with the United States Postal Service via First Class Mail on that same day in the ordinary course of business.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on July 23rd, 2021, at Oakland, CA.
Wilma Cabrera