Garza et al v. Cherokee Healthcare Services

Western District of Texas, txwd-5:2019-cv-00353

AMENDED ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE re [12] Order on Motion to Appear Pro Hac Vice. Signed by Judge Fred Biery.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION CYNTHIA GARZA, ELSA TOSCANO, § NORMA BEXAR-MOLINE, TERESA § VILLANUEVA, and SAN JUANA GOMEZ, § Individually and on Behalf of All Those § Similarly Situated, § § Plaintiffs, § § VS. § CIVIL ACTION NO. SA-19-CA-353-FB § CHEROKEE HEALTHCARE SERVICES, § LLC, § § Defendant. § AMENDED ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE Before the Court is the Motion for Admission Pro Hac Vice filed on May 14, 2019 (docket #9), by Philip R. Bruce seeking authorization to appear in this case pro hac vice on behalf of the defendant Cherokee National Healthcare Services, LLC. On May 15, 2019, this Court granted the motion without an advisory concerning future motions based on Mr. Bruce's representation in item 5 of his motion that he had not previously "applied to Appear Pro Hac Vice in this district court." (Docket #12). It has come to this Court's attention since the granting of that motion that Mr. Bruce previously appeared pro hac vice in four cases in the Western District of Texas: 1:15-cv-00605-SS; 5:15-cv-00767-RP; 7:18-cv-0081-DC; and 7:18-cv-0153-DC. In reviewing the previous pro hac vice motions, the Court notes Mr. Bruce listed the Austin appearance and the previous El Paso appearance in his request on September 13, 2018, in 7:18-cv-0153-DC (docket #8); and listed the Austin appearance in his first motion to appear pro hac vice before Judge Counts (docket #11 in 7:18-cv-0081-DC). Therefore, IT IS HEREBY ORDERED that the Order Granting Motion for Admission Pro Hac Vice (docket #12) is amended to read as follows: Mr. Bruce is a member in good standing with the Bar of the State of Oklahoma and is licensed to practice before the United States Courts for the Western and Eastern of Oklahoma. A review of electronic case filing system reveals this is Mr. Bruce's fourth application to appear pro hac vice in the Western District of Texas.1 It is this Court's policy to require all counsel to apply for admission to the Western District's federal bar and to follow through with the application as a condition of appearance pro hac vice in any case. This Court has, however, made an exception for out-of-district counsel if their practice in the Western District is limited to one case or in some instances as long as a licensed Western District of Texas attorney is involved in the case. The motion reveals a licensed Western District of Texas attorney has been designated as co-counsel. Therefore, after due consideration, the Court is of the opinion the motion should be granted such that Mr. Bruce may appear in this case pro hac vice. However, Mr. Bruce is advised that any future appearances in the Western District of Texas may require that he apply for admission and be admitted into this District. Accordingly, IT IS HEREBY ORDERED that the Motion for Admission Pro Hac Vice (docket #9) is GRANTED such that Philip R. Bruce may appear pro hac vice in this case. The Court further ORDERS counsel to become familiar with the Local Court Rules of the United States District Court for the Western District of Texas, a copy of which may be obtained from the United States District Clerk for the Western District of Texas. IT IS FURTHER ORDERED that Philip R. Bruce 1 Mr. Bruce was granted permission to appear pro hac vice in the Austin Division of the Western District of Texas in 1:15-cv-605-SS on July 29, 2015 (docket #34). That case was subsequently transferred to the San Antonio Division of the Western District of Texas on September 2, 2015 (docket #55), and assigned to Judge Pitman in case number 5:15-cv-00767-RP. -2- immediately tender the amount of $100.00, payable to Clerk, U.S. District Court, in compliance with Western District of Texas Local Rule AT-1(f)(2) if he has not already done so. IT IS FURTHER ORDERED that Philip R. Bruce, pursuant to Section 6 of the Administrative Policies and Procedures for Electronic Filing in Civil and Criminal Cases in the Western District of Texas, must register as a filing user within ten (10) days of this Order, if he has not already done so. Mr. Bruce's pro hac vice status shall not take effect until he has complied with all of the requirements contained in this Order. It is so ORDERED. SIGNED this 7th day of June, 2019. _________________________________________________ FRED BIERY UNITED STATES DISTRICT JUDGE -3-