1 2 3 4 5 6 7 Jos6 de Jesfis Rivera, SBN. 004604 Nathan J. Fidel, SBN 025136 HARALSON, MILLER, PITT, FELDMAN & MCANALLY, P.L.C. 2800 N. Central Ave., Suite 840 Phoenix, AZ 85004 Telephone: 602-266-5557 Facsimile: 602-266-2223 jrivera~_~__pmlaw.com nfidel@hm_pmlaw.com j_!~r.s_en~@.,hmpmlaw.com (for minute entries) 8 IN THE SUPERIOR COURT OF ARIZONA 9 IN AND FOR COUNTY OF MARICOPA 10 11 ABEL BADILLO and BIBIANA VAZQUEZ, 12 13 14 15 16 17 Cross-Plaintiffs, VS. CASE NO. 2013-009093 MOTION TO ASSOCIATE COUNSEL PRO HAC VICE (Assigned to the Hon. Arthur Anderson) STATE OF ARIZONA ex rel. Attorney General Thomas C. Horne, Cross-Defendant. Jos6 de JesOs Rivera, pursuant to Rule 38(a), Ariz. R. Sup. Cto, moves the court to 18 associate Victor Viramontes and Martha L. G6mez as counsel pro hac vice in this action. In 19 support of this motion and pursuant to Rule 38(a)(3)(C), the following original documents 20 are attached: 21 1. Verified Application to Appear Pro Hac Vice; 22 2. Certificate(s) of Good Standing; and 23 3. State Bar of Arizona Notice of Receipt of Complete Application. 24 25 26 kwiktag * 077 584 545 1 2 Jos6 de Jesfis Rivera hereby agrees to serve as local counsel in this matter and accepts the responsibilities detailed in Rule 39(a)(2), Ariz. R. Sup. Ct. 3 4 DATED this 16t~ day of December, 2013. 5 HARALSON, MILLER, PITT, FELDMAN & McANALLY, PLC 6 7 8 /S/Jos6 de Jesfis Rivera 9 Jos6 de Jesfis Rivera 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 THE FOREGOING has been electronically Filed this 164 day of December, 2013 COPY mailed and e-mailed this 16th day of December, 2013, to: Honorable Arthur Anderson Maricopa County Superior Court East Court Building 101 West Jefferson Street 5th Floor, Courtroom 511 Phoenix, AZ 85003 Victor Viramontes Martha L. Gmez MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATIONAL FUND 634 S. Spring Street, 11tu Floor Los Angeles, CA 90014 Attorneys For Proposed Intervenor-Defendants DANIEL R. ORTE3GA, JR. Ortega law firm A professional corporation 361 E. CORONADO ROAD PHOENIX, AZ 85004-1525 Attorneys For Proposed Intervenor-Defendants 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Kevin D. Ray Leslie Kyman Cooper Jinju Park Assistant Attorneys General 1275 W. Washington St. Phoenix, AZ 85007 Attorneys for the State of Arizona ex tel. Attorney General Thomas c. Horne Mary O’Grady Lynne Adams Grace E. Rebling OSBORN MALEDON, P.A. 2929 N. Central Avenue, 21st Floor Phoenix, AZ 85012 Attorneys for M. C. C. C.D. By Jennie Larsen For Official Use.O~d.£ _ App# I 0 (~’~.c~ At/m: Pro Hac Vice Dept 4201 N. 24~ St., Ste 100 Phoenix, AZ 85016-6266 Phone: 602-340-7239 Application for Appearance Pro Hac Vice PART I: Applicant Information Name of Applicant:.......Victor Viramontes Firm/Company Name: Mexican American Legal Defense and Educational Fund Office Address: 634 S. Spring Street, 1 lth Floor, Los Angeles, California 90014 Telephone:. 213-629-2512 ,,Fax:. _ 213-629-0266 Email Address:. wiramontes@maldef.org Residence Address: State of Arizona ex rel. Attorney Genaral Thomas C. Home, v. Title of cause or case where applicant seeks to appeer:. M.~.ricqp~.,County Community College District Board Docket Number: CV2013-009093 Court, Board, or Administrative Agency: Superior Court of Arizona Maricopa County Party on whose behalf applicant seeks to appear: Abel Badillo and Bibiana Vazquez Pursuant to Arizona Supreme Court Rule 38(a)(4), the applicant shall complete the information below: Courts to Which Applic~t. Has Been. Admi.tt,ed: Date of Admission: Bar Number: {Att:ac~ additiona~ page== :to ne~eaaary!, Supreme Court of California 6116/2001 214158 [] Applicant b a member in good standing in such courts. [] Applicant b not currently disbarred or suspended in any court. Applicant I"lis / [~]is not (select one) currently subject to any pending disciplinary proceeding or investigation by any court, agency or organizatibn authorized to discipline attorneys at law. .In the preceding three (3) years, applicant has filed applications to appear as counsel under Ariz. R. Sup. Ct., Rule 38(a) in the following: Title of Matter: Docket #: Court or Agency: App Granted? (Y/N) This case or cause [[]is / [~s not (select one) a related or consolidated matter for which applicant has previously applied to appear pro hao vice in Arizona. If this matter is a related or consolidated with any previous application, Applicant certifies that he/she will review and comply with appropriate rules of procedure as required in the underlying cause. If applicable, please provide related or consolidated matter application or docket# Revised 10/29/12 Page2 PART II: Local Counsel Information / / Name of Arizona Local Counsel: Jose de Jesus Rivera State Bar of Arizona Number: 004604 Haralson, Miller, Pitt, Feldman & Mcanally, P.L.C. Address: 2800 N. Central Ave., Suite 840, Phoenix, AZ 85004 Telephone: 602-266-5557 .Fax:. 602-266-2223 Email Address: jrivera@hmpmlaw.corn [] Local Counsel is a member ha good standing. Local Counsel assooiatiag with a nonresident attorney ha a particular cause shall aceept johat responsibility with the nonresident [] attorney to the client, to opposing parties and eounset, and to court, board, or administrative agency in that particular cause. PARTII[: Parties and Certification Name(s) of each party in this cause and name and address of all counsel of record: Party: Counsel of Record: Address: Assistant Attorneys General Kevin D. Ray 1275 West Washington Street, Phoenix, AZ 85007 State of Arizona Kevin D. Ray same as above Attorney General Thomas C. Horne Marieopa County Community College District Board Mary O’Grady Phoenix, AZ 85012 Victor Viramontes MALDEF, 634 S. Sprint Street, 11th Fir., LA., CA 90( 14 Abel Badillo (proposed Intervenor-Deft) Victor Viramontes same as above Bibiana Vazquez (proposed Intervenor-Deft) Applicant is ineluding with this application a nonrofundable application fee, payable to the State Bar of Arizona, in the amount of $460.00. Fi~een percent of/he non-refundabIe application fee paid pursuant to this section shall be deposited into a civil legal [] services fund to be distributed by the Arizona Foundation for Legal Services and Education entirely to approved legal services organizations, as that term is defined in subparagraph (f)of this rule. Applicant is furnishing a certificate from the state bar or from the clerk of the highest admitting court of each state, territory, or insular possession of the United States in which the nonresident attorney has been admitted to practice law certifying the nonresident attorney’s date of admission to such jurisdiction and the current status of the nonresident attomoy’s membership or eligibility to practice therein. The certilieate furnished shall be no more than foay-five (45) days old. Applicant e~rtifies the following: 1o Applicant shall be subject to the jurisdiction of the courts and agencies of the State of Arizona and to the State Bar of Arizona with respect to the law of this state governing the conduct of attorneys to the same extent as an active member of the State Bar of Arizona, as provided in Ariz. Re Sup. Ct. Rule 46(b). 2o Applicant will review and comply with appropriate rules of procedure as required in the underlying cause. 3. Applicant understands and shall comply with the standards of conduct required of members of the State Bar of Arizona. Verification STATE OF California County of Los Angeles I, Victor Viramontes best of my knowledge and belief. S SCR ED SWO ZO befo,e me this ,) , swear that all statements in the:pplieafion are true, co/~2et and complete tothe ,,~ / day by No R~vised I0~29112 FRANK A. McGU}RE Court Ac~ministramr and Clerk of the Supreme~ Court CERTIFICATE OF THE CLERK OF THE SUPREME COURT OFTHE STATE OF CALIFORNIA VICTOR GARCIA VIRAMONTES I, FRANK A. McGUIRE, Clerk of the Supreme Court of the State of California, do hereby certify that Victor Garcia Viramontes, #214158, was on the 16th day of June 2001 duly admitted to practice as an attorney and counselor at law in all the courts of this state, and is now listed on the Roll of Attorneys as a member of the bar of this state in good standing. Witness my hand and the seal of the court on the 15th day of November 2013. FRANK A. McGUIRE Clerk of the Supreme Court \~asados, Supervising Deputy Clerk Maricopa County Superior Court 1 2 State of Arizona ex rel Attorney General Thomas C Home, 3 4 CASE # CV2013-009093 SBA AI3p #1007952 v. 5 Maricopa County Community College District Board, 6 Defendant. NOTICE OF RECEIPT OF COMPLETE APPLICATION 7 NOTICE IS HEREBY given by THE STATE BAR OF ARIZONA that it has received the verified application and fee from Victor Viramontes. 8 In addition to this application, applicant has made the following applications to appear pro hac 9 vice, pursuant to Rule38 (a), within the previous three (3) years: 10 Tide of Matter Date Court/Agency Granted? 11 12 Exhibit A, the original verified application and Exhibit B, the original Certificate(s) of Good Standing are attached hereto. 13 DATED this 9t~ day of December 2013 14 15 Christina O’Donnell Resource Center State Bar of Arizona 16 17 18 19 Original Ma~ed on:this 9m day of December 2013 to: 20 Jose de Jesus Rivera Haralson Miller Pitt Feldman & McAnally PLC 21 i2800 N Central Ave Ste 840 Phoenix, AZ 85004-1069 22 23 Maricopa County Superior Court 2 State of Arizona ex tel Atty Gen Thomas C Home, 3 Plaintiff 4 ) ) CASE # CV2013-009093 ) SBA App #1007953 Vo 5 Maricopa County Community College District ) Board, ) 6 Defendant. NOTICE OF RECEIPT OF COMPLETE APPLICATION 7 NOTICE IS HEREBY given by THE STATE BAR OF ARIZONA that it has received the verified application and fee from Martha Gomez. 8 In addition to this application, applicant has made the following applications to appear pro hac 9 vice, pursuant to Rule38 (a), within the previous three (3) years: 10 Title of Matter Date Court/Agency Granted? 11 12 Exhibit A, the original verified application and Exhibit B, the original Certificate(s) of Good Standing are attached hereto. 13 DATED this 9th day of December 2013 14 15 Christina O’Dormell Resource Center State Bar of Arizona 16 17 18 19 Original Mailed on this 9e~ day of December 2013 to: 20 Jose de Jesus Rivera Haralson Miller Pitt Feldman & McAna~y PLC 2800 N Central Ave Ste 840 21 Phoenix, AZ 85004-1069 22 23 F o~ O~Tleisl U~ ~nl~ I ~# l~ ~’~-1~5 B~V Nu’mbor# P Ic[ Z~>~.~-~ Attn: Pm Hue Vice Dept 4201 N. 24*h St,, Ste 100 PI~oenix, AZ 85016.6266 P~one: 602-340-7239 Application for Appearance Pro Hue Vice PART I: Amflicant Information NameofApplicar~ Martha L,:,Gomez .......... Firm/Compmty Naat=. Mexican Amedcan Legal Defense and Educational Fund Office ..Address:. 634 S. Spring Street, t I th Floor, Los Angeles, California 90014 Telephone: 213-629-25t .213-829-0266 ~mail Addresa: rtag°mez@ma!dCf’°gg-i- Residence Address:. State of Arizona ex tel. Attorney General Thomas C. Home, v. Title of cause or case where applicant ~eeks to appem*: Maricopa County Community ~l!~l~e District Board Docket Number: CV2013-009093 Court, Board, or Administrative Agency: Superior Court 0fA~zona Maric0pa County Party on whose behalf applicant ~eeks to appear:: ~be! Badillo and Bibiana Vazquez Pursuant/o Arizona Supreme Court Rule 38(aX4), the applicant shall complete the informatin=t below: Com’ts to Which AppHcan Admi d: Supreme Court of California, Date of Admi~ion: Bar Numben 12105/2010 274024 E] Appll(mnt is a member in good standing in auoh eourts. 171 Appkant is not curren~ disbarred or suspended in any ~e~t. Appllc~t Ilia !Elis not (s.’Jeet one) eurrentiy subject to any pendin8 disdpltnary proceeding or investigation by a~y ~ur~, sSer~y or organization authorized to discipline attorneys st law. " In the preceding thr~¢ (3) ye~s, epplicant has fi]~d appli~tions to appear as counsel unde~ Adz. tL Sup. Ct., R~de 38(e) in/he following: Title of Malter:. Docket #: C~m or Agency: App (kented? This vase or cause [-]is / ~t~ not (select one) = relate/or consolidated matter fvr which applicant has previously applied to appear pro hue vice in Arizona. If this matter is a rel~l or censofidated with any previous application, Applicent cerises that he/she will review and comply with appropriate roles of procedure as required in the umderlying came. If applieeble, please prey/de related or consolidated matter application or docket# Revised 10/29/12 Page 2 PART II: Local Counsel Information, Narec of Arizona Local Counsoh Jos6 de Jest~s Rivers State Bar of Arizona Nureber: 004604 Haralson, Miller, Pill Felclm~n’ & M’carialiy, P.L.C. Address: .2~OO.N¯ central Ave., Suite 840, Phoenix, AZ 85004 Telephone: 602-266-5557 Fax: 602-266-2223 Em~dl Address: jrivera@hmpmlaw.com [] Local Counsel is a n~mber in good standing. Local Counsel associating with a nonresident attorney in a particular cause shall accept joint responsibility with the nonresident [~ attorney to the client, to opposing parties and counsel, and to court, board, or administrative agency in that particular cause. PART III: Parties and Certlfleati~ Name(s) of each party in this cause and name and address of all counsel of record: Party: Counsel of Re.cord: Kevin D. Ray State of Arizona Kcvin D. Ray Attorney General Thomas C. Home Maricopa County Community College District Board Abel Badillo (proposed Intervenor-Deft) Bibiana Vazquez (proposed lntervenor-Dett) Mar3’ O’Grady Victor Viramontes Victor Virmnontes Address: Assistant Attorneys General 1275 West Washington Street, Phoenix, AZ 85007 same as above Osbom Maledon,’P,A’., zuzu N. ~entral Ave., 21st I-leer Phoeni.__x, Arizona 85012 MALDEF, 634 S. Spring Street~ 1 l th Floor, Los Angeles CA 90014 same as above Applicant is including with this application a nonrefundable application fee, payable to the State Bar of Arizona, tn the amount of $460.00, Fifteen percent of the non-refundable application fee paid pursuant to this section shall be deposited into a civil legal [] services fund to be distributed by the Arimna Foundation for Legal Services and Education entirely to approved legal services organizations, as that term is defined in subparagraph (0 of this role. Applicant is furnishing a certificate from the state bar or from the clerk of the highest admitting court of each state, territory, or [~insularposnession of the United States in which the nonresident attorney has been admitted to practice law eertifi./ing the nonresident attorney’s date of admission to such jurisdi¢tion and the current status of the near, ideal attorney’s rr~rebership or eligibility to pmeflee therein. The certificate furnished shall be no more than forty-fwe (45) days old. Applicant certifies the following: 1. Applicant shall be subject to the jurisdiction of the courts arid agenoies of the State of Arizona and to the State Bar of Arizon~ with respect to the law of this state goveraing the conduct of attorneys to the saree extent as an active reember of the State B~r ofArizon~ ~s provided in Ariz. R. Sup. Ct. Rule 46(b). 2. Applicant will mvlew and comply with appropriate rules of procedure as required in the underlying cause. 3, Applicam understands and sh~ll comply with the standards of conduct requh’ed Ver~ficatmn STATE OF County of California Los Angeles [,_Martha L. Gomoz best of my knowledge and belief, , swear that all statements in the application are trae, correct and complete to the N~’t~ry~Pubii, ]~visM 10/29i12 FRANK A. McGUIRE Court Administrator and Clerk of the" Supreme Court CERTIFICATE OF THE CLERK OF THE SUPREME COURT OF THE STATE OF CALIFORNIA MAR THA LILIANA GOMEZ I, FRANK A. McGUIRE, Clerk of the Supreme Court of the State of California, do hereby certify that Martha Liliana Gomez, #274024, was on the 5th day of December 2010 duly admitted to practice as an attorney and counselor at law in all the courts of this state, and is now listed on the Roll of Attorneys as a member of the bar of this state in good standing. Witness my hand and the seal of the court on the 15th day of November 2013. FRANK A. McGUIRE Clerk of the Supreme Court "~as~d’os, Supervising Deputy Clerk 1 2 3 4 5 6 Jos6 de Jesfs Rivera, SBN. 004604 Nathan J. Fidel, SBN 025136 HARALSON, MILLER, PITT, FELDMAN & MCANALLY, P.L.C. 2800 N. Central Ave., Suite 840 Phoenix, AZ 85004 Telephone: 602-266-5557 Facsimile: 602-266-2223 Email: jrivera@hmpmlaw.com 7 8 SUPERIOR COURT OF ARIZONA 9 MARICOPA COUNTY 10 ABEL BADILLO and BIBIANA VAZQUEZ, 11 Cross-Plaintiffs, 12 VS. 13 14 15 16 CASE NO. CV2013-009093 ORDER RE: MOTION TO ASSOCIATE COUNSEL PRO HAC VICE (Assigned to the Hon. Arthur Anderson) STATE OF ARIZONA ex rel. Attorney General Thomas C. Home, Cross-Defendant. Based on the Motion to Associate Counsel Pro Hac Vice of Jos6 de Jesfls Rivera and 17 the consent of Jos6 de Jesfis Rivera to appear as local counsel, it is hereby ordered that Victor 18 Viramontes and Martha L. G6mez be admitted pro hac vice as counsel for ABEL BADILLO 19 and BIBIANA VAZQUEZ in this matter. 20 DATED this day of ., 2013. 21 22 23 24 25 26 Arthur Anderson Maricopa County Superior Court Judge 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Copies of the foregoing mailed/hand-delivered this __ day of ,2013, to: Jos6 de Jesfis Rivera, SBN. 004604 HARALSON, MILLER, PITT, FELDMAN & MCANALLY, P.L.C. 2800 N. Central Ave., Suite 840 Phoenix, AZ 85004 Attorneys For Proposed lntervenor-Defendants Victor Viramontes Martha L. G6mez MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATIONAL FUND 634 S. Spring Street, 11t~ Floor Los Angeles, CA 90014 Attorneys For Proposed Intervenor-Defendants Daniel R. Ortega, Jr. ORTEGA LAW FIRM A Professional Corporation 361 E. Coronado Road Phoenix, Az 85004-1525 Attorneys For Proposed Intervenor-Defendants 16 17 18 19 20 21 22 23 24 25 26 Kevin D. Ray Leslie Kyman Cooper Jinju Park Assistant Attorneys General 1275 W. Washington St. Phoenix, AZ 85007 Attorneys for the State of Arizona ex tel. Attorney General Thomas c. Horne Mary O’Grady Lynne Adams Grace E. Rebling OSBORN MALEDON, P.A. 2929 N. Central Avenue, 21st Floor Phoenix, AZ 85012 Attorneys for M. C. C. C.D. 2