Application Filed

Cal. Super. - 5th Dist.May 17, 2021

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 NOTICE OF APPLICATION FOR AN ORDER PERMITTING JOSEPH G. EATON TO APPEAR AS COUNSEL PRO HAC VICE FOR DEFENDANTS CORTEVA INC. AND THE DOW CHEMICAL COMPANY ROBERT M DOWD, SB# 070685 RAYMOND L. CARLSON, SB# 138043 CHRISTINA G. DI FILIPPO, SB# 327255 GRISWOLD, LaSALLE, COBB, DOWD GIN, L.L.P. 1111 E. Seventh Street Hanford, California 93230 Telephone: (559) 584-6656 Facsimile: (800) 947-0468 Emails: dowd@griswoldlasalle.com carlson@griswoldlasalle.com difilippo@griswoldlasalle.com PETER A. BICKS, SB# 2131068 (Pro Hac Vice Motion forthcoming) ORRICK, HERRINGTON & SUTCLIFFE LLP 51 W. 52nd Street New York, NY 10019 Telephone: (212) 506-3742 Facsimile: (212) 506-5151 Email: pbicks@orrick.com JOSEPH G. EATON (Pro Hac Vice Motion forthcoming) BARNES & THORNBURG LLP 11 S. Meridian Street Indianapolis, IN 46204 Telephone: (317) 231-7705 Facsimile: (317) 231-7433 Email: Joe.Eaton@btlaw.com Attorneys for Defendants CORTEVA INC. and THE DOW CHEMICAL COMPANY SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF FRESNO Doc ID: 45105f63b390b6a330ecc870e832aaf3920ac230 E-FILED 10/19/2021 4:01 PM Superior Court of California County of Fresno By: I. Herrera, Deputy 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE OF APPLICATION FOR AN ORDER PERMITTING JOSEPH G. EATON TO APPEAR AS COUNSEL PRO HAC VICE FOR DEFENDANTS CORTEVA INC. AND THE DOW CHEMICAL COMPANY MIRIAM DEL CARMEN RUIZ DE SANTANA AND SAMUEL SANTANA PEREZ, on behalf of themselves and as parents and next friends of SAMUEL SANTANA, a minor Plaintiffs, v. CORTEVA INC.; DOW CHEMICAL COMPANY; FREITAS FARMS OF FRESNO, INC.; BNB FARMS, INC.; AND PESTORICH HOLDINGS, LLC Defendants. Case No. 21CECG01398 Assigned to the Honorable D. Tyler Tharpe for all purposes NOTICE OF APPLICATION AND APPLICATION FOR AN ORDER PERMITTING JOSEPH G. EATON TO APPEAR AS COUNSEL PRO HAC VICE FOR DEFENDANTS CORTEVA INC. AND THE DOW CHEMICAL COMPANY; MEMORANDUM OF POINTS AND AUTHORITIES; VERIFIED APPLICATION OF JOSEPH G. EATON; AND DECLARATION OF ROBERT DOWD IN SUPPORT THEREOF TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Defendants Corteva Inc. and The Dow Chemical Company ( Corteva ) hereby applies to the Court to have Joseph G. Eaton, Esq., a member of the law firm of Barnes & Thornburg LLP in Indianapolis, Indiana, admitted to appear as counsel pro hac vice in the above-referenced coordinated actions on Corteva s behalf. This application is made pursuant to Rule 9.40 of the California Rules of Court on the grounds that Mr. Eaton is an attorney licensed in multiple jurisdictions outside of the State of Indiana and seeks to act as co-counsel for Corteva in the above-entitled action. This application is based upon this Notice, the attached Memorandum of Points and Authorities, and the Declarations of Joseph G. Eaton and Robert Dowd filed concurrently herewith. Dated: September 14, 2021 GRISWOLD, LaSALLE, COBB, DOWD & GIN, L.L.P. By: _________________________ ROBERT M. DOWD Attorneys for Defendants, CORTEVA INC. and THE DOW CHEMICAL COMPANY Doc ID: 45105f63b390b6a330ecc870e832aaf3920ac230 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 NOTICE OF APPLICATION FOR AN ORDER PERMITTING JOSEPH G. EATON TO APPEAR AS COUNSEL PRO HAC VICE FOR DEFENDANTS CORTEVA INC. AND THE DOW CHEMICAL COMPANY MEMORANDUM OF POINT AND AUTHORITIES I. INTRODUCTION Joseph G. Eaton is a partner of the law firm of Barnes & Thornburg LLP, located at 11 S. Meridian Street, Indianapolis, Indiana, 46204, with a residence address of 7480 River Highlands Drive, Fishers, Indiana 46038. He is an attorney duly licensed to practice law in the State of Indiana. He was admitted to the United States District Court for the Southern District of Indiana in 1991; to the United States District Court for the Northern District of Indiana in 1991, to the United States District Court for the Eastern District of Michigan in 2016, the United States Court of Appeals 4th Circuit in 2008, the United States Court of Appeals 7th Circuit in 1991, and the United States Court of Appeals 8th Circuit in 1997. He is a member in good standing with these courts and has never been suspended, reprimanded or disbarred in any jurisdiction. Mr. Eaton is a resident of Indiana and does not regularly carry on the practice of law or. any other business in California. During the past two years, Mr. Eaton has applied for pro hac vice admission in the following matters in this state: Virginia Perez, et al v. Dow AgroSciences LLC, et al, Monterey County Superior Court, California, Case No. 19CV003159; application filed 10/2/2019; order granting pro hac dated 10/7/2019. Karina Espinoza, John Doe, a minor by and through his guardian ad litem, Karina Espinoza v. Dow AgroSciences LLC, and Braga Ranch, Inc., Monterey County Superior Court, California, Case No. 19CV003218; application filed 12/13/2019; order granting pro hac dated 12/31/2019 (dismissed without prejudice). Hernandez - Silvino Merino v. Dow AgroSciences, LLC, and Arroyo Seco Vineyards, Inc., Monterey County Superior Court, California, Case No. 19CV003219; application filed 12/13/2019; order granting pro hac dated 12/30/2019 (dismissed without prejudice). Veronica Herrera and John Doe, a minor by and through his guardian ad litem, Veronica Herrera v. Corteva, Inc., f/k/a Dow AgroSciences, LLC, and D Arrigo Doc ID: 45105f63b390b6a330ecc870e832aaf3920ac230 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 NOTICE OF APPLICATION FOR AN ORDER PERMITTING JOSEPH G. EATON TO APPEAR AS COUNSEL PRO HAC VICE FOR DEFENDANTS CORTEVA INC. AND THE DOW CHEMICAL COMPANY Bros. Co. of California, Monterey County Superior Court, California, Case No. 19CV002927; application filed 11/21/2019; order granting pro hac dated 12/12/2019. Patricia Isarraraz and Jane Doe, a minor by and through her guardian ad litem, Patricia Isarraraz v. Corteva Inc., f/k/a Dow AgroSciences, LLC, and Rava Ranches, Monterey County Superior Court, California, Case No. 19CV003133; application filed 12/13/2019; order granting pro hac dated 12/30/2019. Marisol Padilla and Jane Doe, a minor by and through her guardian ad litem, Marisol Padilla v. Dow AgroSciences, LLC, and Valley Farm Management, Inc., Monterey County Superior Court, California, Case No. 19CV002262; application filed 10/25/2019; order granting pro hac dated 10/29/2019. Isela Velarde and John Doe, a minor by and through his guardian ad litem, Isela Velarde and Jane Doe, a minor by and through her guardian ad litem, Isela Velarde v. Corteva Inc., f/k/a Dow AgroSciences, LLC, and Braga Ranch, Inc., Monterey County Superior Court, California, Case No. 19CV002972; application filed 11/27/2019; order granting pro hac dated 12/11/2019. Alba Luz Calderon de Cerda and Rafael Cerda Martinez, on behalf of themselves and as parents and next friends of Rafael Cerda Calderon, a minor, v. Corteva Inc., Dow Chemical Company, City of Huron, California, Woolf Farming Co. of California, Inc., Kings County Superior Court, California, Case No. 20C-0250; application filed 11/9/2020; stipulation granting dated 11/9/2020. Carmela Zamora Avila, Reymundo Arciniega Herrara, on behalf of themselves and as parents and next friends of Britney Michelle Arciniega, a minor v. Corteva Inc., Dow Chemical Company, City of Avenal, California, John A. Kochergen Properties, Inc., and Westside Harvesting, L.P., Kings County Superior Court, California, Case no. 20C-0311; application filed 2/8/2021; order granting dated 2/8/2021. Corteva Inc. ( Corteva ) is currently represented by Robert Dowd, partner at the law firm of Griswold LaSalle Cobb Dowd & Gin LLP located at 111 East Seventh Street, Hanford, Doc ID: 45105f63b390b6a330ecc870e832aaf3920ac230 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 NOTICE OF APPLICATION FOR AN ORDER PERMITTING JOSEPH G. EATON TO APPEAR AS COUNSEL PRO HAC VICE FOR DEFENDANTS CORTEVA INC. AND THE DOW CHEMICAL COMPANY California 93230. The phone number of the firm is (559) 821-8440. This attorney is an active member of the State Bar of California and remains in good standing. II. THE APPLICANT HAS SATISFIED THE LEGAL REQUIREMENTS FOR ADMISSION AS COUNSEL PRO HAC VICE Rule 9.40(a) of the California Rules of Court sets forth the eligibility criteria for an attorney to be admitted pro hac vice in the State of California as follows: A person who is not a member of the State Bar of California but who is a member in good standing of and eligible to practice before the bar of any United States court or the highest court in any state, territory or insular possession of the United States, and who has been retained to appear in a particular cause pending in a court of this state, may in the discretion of such court be permitted upon written application to appear as counsel pro hac vice, provided that an active member of the State Bar of California is associated as attorney of record. No person is eligible to appear as counsel pro hac vice pursuant to this rule if the person is: (1) a resident of the State of California; (2) regularly employed in the State of California; or (3) regularly engaged in substantial business, professional, or other activities in the State of California. An application to appear as counsel pro hac vice must state: (1) the applicant's residence and office address; (2) the courts to which the applicant has been admitted to practice and the dates of admission; (3) that the applicant is a member in good standing in those courts; (4) that the applicant is not currently suspended or disbarred in any court; (5) the title of court and cause in which the applicant has filed an application to appear as counsel pro hac vice in this state in the preceding two years, the date of each application, and whether or not it was granted; and (6) the name, address, and telephone number of the active member of the State Bar of California who is attorney of record. Cal. Rules of Court, Rule 9.40(d). As shown in the Declaration of Joseph G. Eaton and Declaration of Robert Dowd, filed Doc ID: 45105f63b390b6a330ecc870e832aaf3920ac230 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 NOTICE OF APPLICATION FOR AN ORDER PERMITTING JOSEPH G. EATON TO APPEAR AS COUNSEL PRO HAC VICE FOR DEFENDANTS CORTEVA INC. AND THE DOW CHEMICAL COMPANY concurrently herewith, the foregoing requirements are hereby fulfilled. Further, all applicable fees have been paid to the State Bar of California. See Declaration of Robert Dowd. Corteva, therefore, respectfully requests that the Court approve this application to allow Mr. Eaton to serve as counsel pro hac vice for Corteva in connection with the above referenced coordinated actions. Dated: September 14, 2021 GRISWOLD, LaSALLE, COBB, DOWD & GIN, L.L.P. By: _________________________ ROBERT M. DOWD Attorneys for Defendants, CORTEVA INC. and THE DOW CHEMICAL COMPANY Doc ID: 45105f63b390b6a330ecc870e832aaf3920ac230 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 NOTICE OF APPLICATION FOR AN ORDER PERMITTING JOSEPH G. EATON TO APPEAR AS COUNSEL PRO HAC VICE FOR DEFENDANTS CORTEVA INC. AND THE DOW CHEMICAL COMPANY VERIFIED APPLICATION OF JOSEPH G. EATON FOR ADMISSION PRO HAC VICE Pursuant to Rule 9.40 of the California Rules of Court, I, JOSEPH G. EATON, hereby apply for admission to appear before this Court pro hac vice, in order to represent Defendants Corteva Inc. and The Dow Chemical Company ( Corteva ) in the above-captioned action. I have personal knowledge of the facts set forth in this Application, and if called as a witness, I could and would testify as set forth herein. I hereby declare the following: 1. I have personal knowledge of the facts set forth below and could competently testify thereto, if called upon to do so. 2. I am an attorney duly licensed to practice law before the following courts in the following jurisdictions: A. United States District Court for the Southern District of Indiana (Admitted 1991); B. United States District Court for the Northern District of Indiana (Admitted 1991); C. United States District Court for the Eastern District of Michigan (Admitted 2016); D. United States Court of Appeals, 4th Circuit (Admitted 2008); E. United States Court of Appeals, 7th Circuit (Admitted 1991). F. United States Court of Appeals, 8th Circuit (Admitted 1997). 3. I am in good standing in each of the jurisdictions and/or courts named above, and I am not currently suspended or disbarred from the practice of law in any jurisdiction or court. I am a partner of the law firm of Barnes & Thornburg LLP, and my business address is 11 S. Meridian Street, Indianapolis, Indiana, 46204. 4. This Declaration is made in support of my Application to appear as counsel pro hac vice for Corteva in the above-entitled action. 5. I am a resident of the State of Indiana, and I am not regularly engaged in the practice of law or any other business in the State of California. My residence address is 7480 River Highlands Drive, Fishers, Indiana 46038. 6. Within the last two years, I have applied to appear as counsel pro hac vice in Doc ID: 45105f63b390b6a330ecc870e832aaf3920ac230 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 NOTICE OF APPLICATION FOR AN ORDER PERMITTING JOSEPH G. EATON TO APPEAR AS COUNSEL PRO HAC VICE FOR DEFENDANTS CORTEVA INC. AND THE DOW CHEMICAL COMPANY Virginia Perez, et al v. Dow AgroSciences LLC, et al, Monterery County Superior Court, California, Case No. 19CV003159; Karina Espinoza, John Doe, a minor by and throught his guardian ad litem, Karina Espinoza v. Dow AgroSciences LLC, and Braga Ranch, Inc., Monterey County Superior Court, California, Case No. 19CV003218 (subsequently dismissed without prejudice); Hernandez - Silvino Merino v. Dow AgroSciences, LLC, and Arroyo Seco Vineyards, Inc., Monterey County Superior Court, California, Case No. 19CV003219 (subsequently dismissed without prejudice); Veronica Herrera and John Doe, a minor by and through his guardian ad litem, Veronica Herrera v. Corteva, Inc., f/k/a Dow AgroSciences, LLC, and D Arrigo Bros. Co. of California, Monterey County Superior Court, California, Case No. 19CV002927; Patricia Isarraraz and Jane Doe, a minor by and through her guardian ad litem, Patricia Isarraraz v. Corteva Inc., f/k/a Dow AgroSciences, LLC, and Rava Ranches, Monterey County Superior Court, California, Case No. 19CV003133; Marisol Padilla and Jane Doe, a minor by and through her guardian ad litem, Marisol Padilla v. Dow AgroSciences, LLC, and Valley Farm Management, Inc., Monterey County Superior Court, California, Case No. 19CV002262; Isela Velarde and John Doe, a minor by and through his guardian ad litem, Isela Velarde and Jane Doe, a minor by and through her guardian ad litem, Isela Velarde v. Corteva Inc., f/k/a Dow AgroSciences, LLC, and Braga Ranch, Inc., Monterey County Superior Court, California, Case No. 19CV002972; Alba Luz Calderon de Cerda and Rafael Cerda Martinez, on behaf of themselves and as parents and next friends of Rafael Cerda Calderon, a minor, v. Corteva Inc., Dow Chemical Company, City of Huron, California, Woolf Farming Co. of California, Inc, Kings County Superior Court, California, Case No. 20C-0250; and, Carmela Zamora Avila, Reymundo Arciniega Herrara, on behalf of themselves and as parents and next friends of Britney Michelle Arciniega, a minor v. Corteva Inc., Dow Chemical Company, City of Avenal, California, John A. Kochergen Properties, Inc., and Westside Harvesting, L.P., Kings County Superior Court, California, Case no. 20C-0311. My law firm, Barnes & Thornburg LLP, is counsel for Corteva Inc. in all chlorpyrifos ( Dursban and Lorsban ) cases. 7. The current attorney of record for Corteva Inc. is Robert Dowd of Griswold Doc ID: 45105f63b390b6a330ecc870e832aaf3920ac230 Doc ID: 45105f63b390b6a330ecc870e832aaf3920ac230 LaSalle Cobb Dowd & Gin LLP located at 1 1 l East Seventh Street, Hanford, California 93230. I am informed and believe that this attorney is an active member in good standing of the State of California. I declare under penalty of perjury pursuant t0 the laws of the State of Indiana that the foregoing is true and correct. Executed on this 14th day of September 2021, at Indianapolis, Indiana. Q4444 data ySEPH G. EATON 9 NOTICE 0F APPLICATlON FOR AN ORDER PERMITTING JOSEPH G. EATON TO APPEAR AS COUNSEL PRO HAC VICE FOR DEFENDANTS CORTEVA INC. AND THE DO\V CHEMICAL COMPANY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 NOTICE OF APPLICATION FOR AN ORDER PERMITTING JOSEPH G. EATON TO APPEAR AS COUNSEL PRO HAC VICE FOR DEFENDANTS CORTEVA INC. AND THE DOW CHEMICAL COMPANY DECLARATION OF ROBERT DOWD I, Robert Dowd, declare as follows: 1. I am a resident of the State of California, and am an attorney with the firm of Griswolc LaSalle Cobb Dowd & Gin LLP, attorneys of record for Corteva, Inc. ( Corteva ). I have personal knowledge of the facts set forth below and could competently testify thereto, if called upon to do so. 2. On September 14, 2021, pursuant to Rule 9.40 of the California Rules of Court, I caused to be mailed to the State Bar of California, in accordance with our office policy: (1) a copy of Corteva s Notice of Application and Application for an order permitting Joseph G. Eaton to Appear as Counsel Pro hac vice; and (2) a copy of the Declaration of Joseph G. Eaton. The Fifty Dollars ($50.00) as the fee for the Application was already paid in the Perez. Padilla, Espinoza, Herrera, Hernandez, Isarraraz, Velarde, Calderon de Cerda, and Avila matters; however, an additional Fifty Dollars ($50.00) fee will be paid in this matter. Attached hereto as Exhibit A is a true and correct copy of the cover letter sent to the State Bar. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on September 14, 2021, at Hanford, California _______________________________ ROBERT M. DOWD Doc ID: 45105f63b390b6a330ecc870e832aaf3920ac230 PROOF OF SERVICE 2 CCP §§ 1011, 1013, 1013a, 2015.5; FRCP 5(b) 3 I am employed in the County of Kings, State of California. I am over the age of 18 years and not a party to the within action; my business address is 111 E. Seventh Street, Hanford, 4 California 93230. 5 On September 14, 2021, I served the following document(s): NOTICE OF APPLICATION AND APPLICATION FOR AN ORDER PERMITTING JOSEPH G. 6 EATON TO APPEAR AS COUNSEL PRO HAC VICE FOR DEFENDANTS CORTEVA INC. AND THE DOW CHEMICAL COMPANY; MEMORANDUM OF POINTS AND 7 AUTHORITIES; AND DECLARATION OF ROBERT DOWD IN SUPPORT THEREOF on the interested parties in this action by placing a true and correct copy thereof enclosed in a sealed 8 envelop addressed as follows: 9 [] (By Mail) I deposited such envelope in the United States mail at Hanford, California. The envelope was mailed with postage thereon fully prepaid. 10 [X] (By Mail) I am "readily familiar" with the firm's practice of collection and processing 11 correspondence for mailing. Under the practice it would be deposited with the U.S. Postal Service on the same day with postage thereon fully prepaid at Hanford, California, in the ordinary 12 course of business. 13 SEE ATTACHED SERVICE LIST 14 [] (By Overnight Delivery) I deposited such envelope in the Federal Express/UPS Next Day Air/U.S. Mail Express Mail depository at Hanford, California. The envelope was sent with 15 delivery charges thereon fully prepaid. 16 [X] (By Electronic Mail) I caused such documents to be sent to the stated recipient via electronic to the e-mail address as stated herein. 17 [] (By Personal Service) I caused such envelope to be hand delivered to the offices of the 18 addressee( s) shown above. 19 [] (By Facsimile) I caused each document to be delivered by electronic facsimile to the offices listed above. 20 [X] (State) I declare under penalty of perjury, under the laws of the State of California, 21 that the foregoing is true and correct. 22 [] (Federal) I declare that I am employed in the office of a member of the Bar of this 23 24 25 26 27 28 Court at whose direction the service was made. Executed on September 14, 2021, at Hanford, California. rt