Court of Civil Appeals of Texas, 2015

Terry Neff and Iron Workers Mid- South Pension Fund v. Nicholas F. Brady, David J. Butters, Willilam E. MacAulay, Robert B. Millard, Robert K. Moses, Jr., Robert a Rayne, Bernard J. Duroc-Danner and Burt M. Martin

Terry Neff and Iron Workers Mid- South Pension Fund v. Nicholas F. Brady, David J. Butters, Willilam E. MacAulay, Robert B. Millard, Robert K. Moses, Jr., Robert a Rayne, Bernard J. Duroc-Danner and Burt M. Martin
Court of Civil Appeals of Texas · Decided October 5, 2015

Terry Neff and Iron Workers Mid- South Pension Fund v. Nicholas F. Brady, David J. Butters, Willilam E. MacAulay, Robert B. Millard, Robert K. Moses, Jr., Robert a Rayne, Bernard J. Duroc-Danner and Burt M. Martin

Opinion

ACCEPTED 01-15-00544-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 10/5/2015 3:20:08 PM CHRISTOPHER PRINE CLERK

No. 01-15-00544-CV FILED IN IN THE COURT OF APPEALS 1st COURT OF APPEALS HOUSTON, TEXAS FOR THE FIRST DISTRICT OF TEXAS 10/5/2015 3:20:08 PM CHRISTOPHER A. PRINE Clerk TERRY NEFF AND IRON WORKERS MID-SOUTH PENSION FUND, Appellants, v. NICHOLAS F. BRADY, DAVID J. BUTTERS, WILLIAM E.

MACAULAY, ROBERT B. MILLARD, ROBERT K. MOSES, JR., ROBERT A. RAYNE, BERNARD J. DUROC-DANNER AND BRUCE M. MARTIN, AND WEATHERFORD INTERNATIONAL LTD., A SWISS CORPORATION Appellees.

From the 270th Judicial District Court Harris County, Texas Trial Court Cause No. 2010-40764 UNOPPOSED MOTION FOR ADMISSION PRO HAC VICE OF KEVIN H. METZ

COME NOW Appellee Weatherford International Ltd. and Kevin H. Metz and file this Motion for Admission Pro Hac Vice of Kevin H. Metz and in support thereof would respectfully show the Court as follows: Mr. Metz, a reputable attorney licensed in the State of California and the District of Columbia, as well as in the U.S. District Court for the Central District of California, U.S. District Court for the Northern District of California, U.S. District

Court for the District of Columbia, U.S. Court of Appeals for the District of Columbia, U.S. Court of Appeals for the Seventh Circuit, U.S. Court of Appeals for the Ninth Circuit, and U.S. Court of Appeals for the Eleventh Circuit, seeks admission pro hac vice in the above-styled case pursuant to sections 82.036 and 82.0316 of the Texas Government Code and Rule XIX of the Rules Governing Admission to the Bar of Texas. In compliance with the requirements of those rules and statutes, the following information is provided: 1. Non-Resident Attorney: Kevin H. Metz Latham & Watkins LLP Eleventh Street NW, Suite 1000 Washington, DC 20004 (202) 637-2200 (telephone) (202) 637-2201 (facsimile) 2. Associated Attorney: The following resident attorney will be associated with Mr. Metz in these proceedings: Rebecca N. Brandt State Bar No. 24062632 Latham & Watkins LLP Main Street, Suite 3700 Houston, TX 77002 (713) 546-5400 (telephone) (713) 546-5401 (facsimile) 3. List of Cases: Within the past two years, Mr. Metz has been admitted pro hac vice in the 270th Judicial District Court, Harris County ( Neff v. Brady, 2010-40764) and in the 162nd Judicial District Court, Dallas County (Boyler v. Nguyen, 13-05971).

4. Jurisdictions: Mr. Metz is licensed in the following jurisdictions in which he is an active member in good standing: Supreme Court of California Court of Appeals for the District of Columbia U.S. Court of Appeals for the Seventh Circuit U.S. Court of Appeals for the Ninth Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. Court of Appeals for the DC Circuit U.S. District Court for the Central District of California U.S. District Court for the Northern District of California U.S. District Court for the District of Columbia 5. Mr. Metz has not been the subject of disciplinary action by the Bar or courts of any jurisdiction in which he is licensed within the preceding five years.

6. Mr. Metz has not been denied admission to the courts of any State or to any federal court during the preceding five years.

7. Mr. Metz is familiar with the State Bar Act, the State Bar Rules, and the Texas Disciplinary Rules of Professional Conduct governing the conduct of members of the State Bar of Texas, and will at all times abide by and comply with the same so long as this Texas proceeding is pending and he has not withdrawn as counsel herein.

8. Mr. Metz is a reputable attorney and it is recommended that this Court grant permission for him to participate in the proceeding before this Court as one of the attorneys representing Weatherford International Ltd. in this case.

Telephone: (713) 546-5400 Facsimile: (713) 546-5401 [email protected] Peter A. Wald (pro hac vice pending) Montgomery Street, Suite 2000 San Francisco, CA 94111 Telephone: (415) 391-0600 Facsimile: (415) 395-8095 [email protected] Marissa R. Boynton (pro hac vice pending) Eleventh Street NW, Suite 1000 Washington, DC 20004 Telephone: (202) 637-2200 Facsimile: (202) 637-2201 [email protected]

Attorneys for Appellee Weatherford International Ltd.

CERTIFICATE OF CONFERENCE I hereby certify that counsel for Appellee Weatherford International Ltd. received email communications from Appellants’ counsel, regarding the subject matter of this Motion, and was informed that there is no opposition to the granting of this Motion. Counsel for the individual Appellees also advised that they do not oppose this Motion.

/s/ Rebecca N. Brandt Rebecca N. Brandt

CERTIFICATE OF SERVICE I hereby certify that on October 5, 2015, a true and correct copy of the foregoing document was served in compliance with the Texas Rules of Appellate Procedure on the counsel of record listed below.

James A. Reeder, Jr. Erik W. Luedeke Jeffrey S. Johnston ROBBINS GELLER RUDMAN Stacy M. Neal &DOWDLLP Nicholas Shum 655 West Broadway, Suite 1900 Stephanie Miller San Diego, CA 92101 VINSON & ELKINS LLP VIA E-FILE AND E-MAIL 1001 Fannin St., Suite 2500 Houston, TX 77002 Noelle M. Reed [email protected] Charles W. Schwartz [email protected] SKADDEN, ARPS, SLATE, [email protected] MEAGHER & FLOM LLP [email protected] 1000 Louisiana Street, Suite 6800 [email protected] Houston, TX 77002 VIA E-FILE AND E-MAIL [email protected] [email protected] N. Scott Fletcher VIA E-FILE AND E-MAIL Elizabeth G. Myers JONES DAY Joe Kendell Texas, Suite 3300 Jamie J. McKey Houston, TX 77002 KENDALL LAW GROUP, LLP [email protected] 3232 McKinney A venue, Suite 700 [email protected] Dallas, TX 75204 VIA E-FILE AND E-MAIL [email protected] [email protected] Robert S. Bennett VIA E-FILE AND E-MAIL Ellen Kennedy HOGAN LOVELLS US LLP George C. Aguilar Thirteenth Street, NW ROBBINS ARROYO LLP Washington, DC 20004 600 B Street, Suite 1900 robert. [email protected] San Diego, CA 92101 [email protected] [email protected] VIA E-FILE AND E-MAIL VIA E-FILE AND E-MAIL /s/ Rebecca Brandt Travis E. Downs III Benny C. Goodman III Rebecca N. Brandt

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