Graphic Packaging Corporation v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas

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ACCEPTED 03-14-00197-CV 4942599 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/17/2015 5:45:28 PM JEFFREY D. KYLE CLERK NO. 03-14-00197-CV _____________________________________________ FILED IN IN THE COURT OF APPEALS 3rd COURT OF APPEALS THIRD JUDICIAL DISTRICT OF TEXAS AUSTIN, TEXAS AT AUSTIN 4/17/2015 5:45:28 PM JEFFREY D. KYLE ________________________________________________ Clerk GRAPHIC PACKAGING, INC., Appellant v. GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS; AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS, Appellees. FROM THE DISTRICT COURT OF TRAVIS COUNTY, 353RD JUDICIAL DISTRICT, CAUSE NO. D-1-GN-12-003038, THE HONORABLE DARLENE BYRNE PRESIDING MOTION OF NON-RESIDENT ATTORNEY, EDWIN P. ANTOLIN, FOR ADMISSION PRO HAC VICE James F. Martens Amy L. Silverstein jmartens@textaxlaw.com asilverstein@sptaxlaw.com Texas Bar No. 13050720 California Bar No. 154221 Amanda G. Taylor Edwin P. Antolin ataylor@textaxlaw.com eantolin@sptaxlaw.com Texas Bar No. 24045921 California Bar No. 172599 Lacy L. Leonard SILVERSTEIN & POMERANTZ LLP lleonard@textaxlaw.com 12 Gough Street, Second Floor Texas Bar No. 24040561 San Francisco, California 94103 Danielle Ahlrich Tele: (415) 593-3502 dahlrich@textaxlaw.com Fax: (415) 593-3501 Texas Bar No. 24059215 MARTENS, TODD, LEONARD, TAYLOR & ATTORNEYS FOR APPELLANT AHLRICH GRAPHIC PACKAGING, INC. 301 Congress Avenue, Suite 1950 Austin, Texas 78701 Tele: (512) 542-9898 Fax: (512) 542-9899 1 TO THE HONORABLE THIRD COURT OF APPEALS: Edwin Antolin (“Applicant”) files this Motion of Non-Resident Attorney for Admission Pro Hac Vice to appear on behalf of Graphic Packaging Corporation (“Graphic Packaging”), and states as follows: 1. Applicant seeks permission to appear Pro Hac Vice as counsel for Graphic Packaging in the above-titled and numbered cause of action. 2. Applicant is an attorney with the law firm of Silverstein & Pomerantz, LLP, 12 Gough Street, 2nd Floor, San Francisco, California 94103, telephone (415) 593-3505, facsimile (415) 593-3501. 3. Applicant will be associated in this proceeding with James F. Martens, a resident attorney whose State Bar Number is 13050720. Mr. Martens is a licensed attorney who practices with the law firm of Martens, Todd, Leonard, Taylor & Ahlrich, 301 Congress Avenue, Suite 1950, Austin, Texas 78701, telephone (512) 542-9898, facsimile (512) 542-9899. 4. Applicant has not appeared or sought leave to appear in the Texas courts before. 5. Applicant is an active member in good standing with the State of California (California State Bar Number 172599). Applicant is also admitted to practice before the United States Supreme Court and the United States Tax Court. 2 6. Pursuant to Tex. R. Govern. Bar Adm’n. XIX(a), Applicant has filed an Application for Admission Pro Hac Vice with the Texas Board of Law Examiners and paid the $250.00 filing fee. The Texas Board of Law Examiners’ letter acknowledging the application is attached as Exhibit A. 7. Applicant has not been the subject of disciplinary actions by the bar or the courts of any jurisdiction in which he is licensed in the past five years. Applicant has not been denied admission to the courts of any state or to any federal court during the past five years. 8. Applicant attests that he is familiar with the State Bar Act, the State Bar Rules, the Texas Disciplinary Rules of Professional Conduct governing the conduct of members of the State Bar of Texas and the Travis County Local Rules. Applicant attests that he will at all times abide by and comply with the same, so long as this lawsuit is pending and he has not withdrawn as counsel in the proceeding. WHEREFORE, Applicant respectfully requests that the Court grant Applicant’s Motion, and enter an order allowing him to participate as one of the attorneys for Graphic Packaging, in the above-titled and numbered cause of action. 3 Dated: April 17, 2015 Respectfully submitted, SILVERSTEIN& POMERANTZ, LLP 12 Gough Street, 2nd Floor San Francisco, California 94103 (415) 593-3505 (415) 593-3501 (Facsimile) By: /s/ Edwin P. Antolin Edwin P. Antolin California State Bar No. 172599 Eantolin@sptaxlaw.com ATTORNEYS FOR GRAPHIC PACKAGING CORPORATION CERTIFICATE OF CONFERENCE As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that counsel for Appellant has conferred with counsel for Appellee, Mr. Rance Craft, about the merits of this Motion on April 17, 2015. Mr. Craft does not oppose this Motion. /s/ Edwin P. Antolin Edwin P. Antolin 4 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion of Non- Resident Attorney, Edwin P. Antolin, for Admission Pro Hac Vice has been electronically filed and served on all counsel below on April 17, 2015. Rance Craft Assistant Solicitor General OFFICE OF THE ATTORNEY GENERAL P.O. Box 12548 (MC 059) Austin, Texas 78711-2548 (512) 936-2872 (512) 474-2697 [fax] rance.craft@texasattorneygeneral.gov Cynthia A. Morales Assistant Attorney General OFFICE OF THE ATTORNEY GENERAL, FINANCIAL AND TAX LITIGATION DIVISION, P.O. Box 12548 Austin, Texas 78711 (512) 463-8897 (512) 477-2348 [fax] cynthia.morales@texasattorneygeneral.gov /s/ Edwin P. Antolin Edwin P. Antolin 5 Exhibit A