IN THE SUPREME COURT OF FLORIDA CASE NO. SC03-1856 HOWARD A. ENGLE, M.D., ROBERT W. ANGELL, RAYMOND LACEY, FROSENE D. STEEVENS, FRANK ALMODEO, MARY FARNAN, LOREN E. LOWERY, RALPH DELLA VECCHIA, as Personal Representative Of the Estate of ANGIE DELLA VECCHIA, Deceased, AND MICHAEL MATYI, on behalf of themselves and all other similarly situated, v. Plaintiffs/Petitioners, LIGGETT GROUP, INC., BROOKE GROUP, LTD., PHILIP MORRIS INCORPORATED, R.J. REYNOLDS TOBACCO COMPANY, LORILLARD TOBACCO COMPANY, LORILLARD, INC., BROWN & WILLIAMSON TOBACCO CORPORATION, Individually and as Successor by Merger to the American Tobacco Company, COUNCIL FOR TOBACCO RESEARCH- U.S.A., INC., and TOBACCO INSTITUTE, INC., Defendants/Respondents. / VERIFIED MOTION FOR ADMISSION PRO HAC VICE Pursuant to Florida Rules of Judicial Administration, Rule 2.061(b) and Florida Rules of Appellate Procedure 9.440, amicus curiae Paul Remillard, for and on behalf of the Defense Research Institute (DRI), moves for the admission pro hac vice of Patrick Lysaught, Esquire, and in support of this Motion, states as follows: 1. Patrick Lysaught is a partner in the law firm of Baker Sterchi Cowden & Rice located in Kansas City, Missouri. He is and has been a member in good standing of the Bar of Missouri since 1975, respectively. He is admitted to practice in
the United States Supreme Court, Supreme Court of Missouri, United States District Court for the Western District of Missouri, United States District Court for the Eastern District of Missouri, United States District Court of Kansas, United States District Court for the Southern District of Illinois, Federal Circuit Court of Appeals, United States Court of Appeals for the Tenth Circuit, United States Court of Appeals for the Ninth Circuit, and United States Court of Appeals for the Eighth Circuit. 2. Mr. Lysaught is Chair of DRI=s Amicus Committee and is a member of DRI=s Board of Directors. 3. Mr. Lysaught has not applied to appear pro hac vice in the State of Florida in the proceding five years. 4. Patrick Lysaught is not now and has never been the subject of any disciplinary proceedings in any jurisdiction. 5. The matter at issue in this motion involves the conduct at the trial of the case and the decision of the Third Circuit Court of Appeals. The matter at issue here was initially filed in the Eleventh Circuit in 1994. 6. Mr. Lysaught has read all applicable provisions of Florida=s Rules of Judicial Administration, and Rules Regulating the Florida Bar, and represents that he contents of this verified motion comply with those rules. 7. Paul Remillard, Esq. of Remillard Law Firm, located at 2840 Remington Green Circuit, Suite D, Tallahassee, Florida 32308 is also counsel for amicus curiae DRI. 2
8. This motion has been sworn to by Patrick Lysaught by separate verification attached, and signed by Paul Remillard as required by Florida Rule of Judicial Administration 2.061(b)(8). WHEREFORE, Paul Remillard, Esquire, attorney of amicus curiae DRI, respectfully moves this Honorable Court to enter an Order permitting the admission of Patrick Lysaught, Esquire, pro hac vice in this action. Respectfully submitted, Paul Remillard, Esq. Remillard Law Firm, P.A. 2840 Remington Green Circle, Suite D Tallahassee, Florida 32308 Telephone: (850) 656-7821 Facsimile: (850) 385-7943 By: Paul Remillard Florida Bar No. 794619 3
CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to all counsel of record on the attached Service List this day of August, 2004. Paul Remillard, Esq. Remillard Law Firm, P.A. 2840 Remington Green Circle, Suite D Tallahassee, Florida 32308 Telephone: (850) 656-7821 Facsimile: (850) 385-7943 By: Paul Remillard Florida Bar No. 794619 4
VERIFICATION The undersigned, being first duly sworn, deposes and says that he has personal knowledge of the facts as stated herein and that he has reviewed the foregoing Motion and the statements therein are true and accurate. By: Patrick Lysaught Missouri Bar No: 52362 BAKER STERCHIC COWDEN & RICE 2400 Pershing Road, Suite 500 Kansas City, Missouri 64108 Phone: (816) 471-2121 Fax: 816) 472-0288 SWORN TO AND SUBSCRIBED before me, the undersigned authority this day of August, 2004. NOTARY PUBLIC My Commission expires: 5
ENGLE v. RJR SERVICE LIST Case No. 94-8273 CA 22 Stanley M. Rosenblatt, Esq. Susan Rosenblatt, Esq. Stanley M. Rosenblatt, P.A. 66 West Flagler Street 12th Floor, Concord Building Miami, Florida 33130 Counsel for the Engle Class Melvin S. Spaeth, sq. David Eggert, Esq. Arnold & Porter 555 12th Street, N.W. Washington, D.C. 20004 Counsel for Philip Morris, Inc. Dan K. Webb, Esq. Stuart Altschuler, Esq. Winston & Strawn 35 West Wacker Drive Chicago, IL 60601 Co-counsel for Philip Morris, Inc. Norman A. Coll, Esq. Kenneth J. Reilly, Esq. Shook, Hardy & Bacon, LLP Miami Center, Suite 2400201 South Biscayne Boulevard Co-counsel for Philip Morris, Inc., Lorillard, Inc., Lorillard Tobacco Company Robert C. Heim, Esq. Joseph P. Archie, Esq. Dechert Price & Rhoads 4000 Bell Atlantic Tower 1717 Arch Street Philadelphia, PA 19103 Co-counsel for Philip Morris, Inc. Stephen N. Zack, Esq. Zack Kosnitzky 100 S.E. Second Street, Suite 2800 Co-counsel for Philip Morris, Inc. James T. Newsom, Esq. Shook, Hardy & Bacon, LLP One Kansas City Place 1200 Main StreetKansas City, MO 64105 Co-counsel for Lorillard, Inc., Lorillard Tobacco Company David L. Ross, Esq. Elliot H. Scherker, Esq. Greenberg Traurig, P.A. 1221 Brickell Avenue Miami, Florida 33113 Co-counsel for Lorillard, Inc. and Lorillard Tobacco Company 6
James R. Johnson, Esq. Diane G. Pulley, Esq. Jones Day 1420 Peachtree Street N.E., Suite 800 Atlanta, GA 30309Co-counsel for RJ Reynolds Tobacco Company R. Benjamin Reid, Esq. Wendy F. Lumish, Esq. Carlton Fields 100 S.E. 2nd Street, Suite 4100 Co-counsel for RJ Reynolds Tobacco Company Kathleen M. Sales, Esq. Guiterrez & Associates Suite 510, Courvoisier Centre II 601 Brickell Key Drive Co-counsel for Tobacco Institute and Council for Tobacco Research Robert H. Klonoff, Esq. Jones Day 51 Louisiana Avenue, N.W. Washington, D.C. 20001 Co-counsel for RJ Reynolds Tobacco Company Joseph P. Moodhe, Esq. Debevoise & Plimpton 919 Third Avenue New York, NY 10022 Co-counsel for Tobacco Research Michael Fay, Esq. Aaron Marks, Esq. Kassowitz Benson Torres & Friedman 1633 Boardway, 22nd Floor New York, NY 10019 Co-counsel for Liggett Group, Inc., Brooke Group Holding, Inc. Kelly A. Luther, Esq. Clarke, Siverglate, Campbell, Williams & Montgomery 799 Brickell Plaza, 9th Floor Gordon A. Smith, Esq. Richard A. Schneider, Esq. Barry Goheen, Esq. King & Spalding 191 Peachtree Street Atlanta, Georgia 30303-1763 Co-counsel for Brown & Williamson Tobacco Corporation/The American Tobacco Company Anthony J. Upshaw, Esq. Adorno & Zeder 2601 South Bayshore Drive, Suite 1600 Miami, Florida 33133 Co-counsel for Brown & Williamson Tobacco Corporation/The American Tobacco Company James A. Goold, Esq. Covington & Burling 1201 Pennsylvania Avenue, N.W. Washington, D.C. 20044 Co-counsel for Tobacco Institute 7
Co-counsel for Liggett Group, Inc., Brooke Group Holding, Inc. Alvin B. Davis, P.A. Steel Hector & Davis, LLP 200 South Biscayne Boulevard Co-counsel for Liggett Group, Inc., Brooke Group Holding, Inc. 8