APPLICATION of Non-Resident Attorney Henry L.… — Agent Fee Litigation (Dkt. 41)

Summary

An Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice (Form G-64), Document 41, filed 05/22/20 in American Video Duplicating, Inc., et al. v. Live Oak Banking Company, et al., No. 2:20-cv-03815-ODW-AGR, in the U.S. District Court for the Central District of California. The applicant is Henry L. Kitchin, Jr. of McGuireWoods LLP, retained to represent defendants Live Oak Banking Company and Live Oak Bancshares, Inc. The application lists the applicant's admission to the Supreme Court of North Carolina and the United States Supreme Court, with further courts in Section IV. Section III designates Kevin M. Lally of McGuireWoods LLP as local counsel, and a North Carolina Supreme Court certificate dated May 20, 2020 is attached.

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Case 2:20-cv-03815-ODW-AGR Document 41 Filed 05/22/20 Page1of4 PageID
Name and address: #: 166

Henry L. Kitchin, Jr.
McGuireWoods LLP
300 North Third Street, Suite 320
Wilmington, North Carolina 28401

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

American Video Duplicating, Inc. et al.,

CASE NUMBER
Vv.
APPLICATION OF NON-RESIDENT ATTORNEY
Live Oak Banking Company et al., TO APPEAR IN A SPECIFIC CASE

Defendant(s), PRO HAC VICE

INSTRUCTIONS FOR APPLICANTS

(1) The attorney seeking to appear pro hac vice must complete Section I of this Application, personally sign, in ink, the certification in
Section IT, and have the designated Local Counsel sign in Section III. ELECTRONIC SIGNATURES ARE NOT ACCEPTED. Space to
supplement responses is provided in Section IV. The applicant must also attach a Certificate of Good Standing (issued within the last 30
days) from every state bar to which he or she is admitted; failure to do so will be grounds for denying the Application. Scan the
completed Application with its original ink signature, together with any attachment(s), to a single Portable Document Format (PDP) file.

(2) Have the designated Local Counsel file the Application electronically using the Court's electronic filing system ("Motions and Related
Filings => Applications/Ex Parte Applications/Motions/Petitions/Requests => Appear Pro Hac Vice (G-64)"), attach a Proposed Order
(using Form G-64 ORDER, available from the Court's website), and pay the required $400 fee online at the time of filing (using a credit
card). The fee is required for each case in which the applicant files an Application. Failure to pay the fee at the time of filing will be
grounds for denying the Application. Out-of-state federal government attorneys are not required to pay the $400 fee. (Certain
attorneys for the United States are also exempt from the requirement of applying for pro hac vice status. See L.R. 83-2.1.4.) A copy of the
G-64 ORDER in Word or WordPerfect format must be emailed to the generic chambers email address. L.R. 5-4.4.2.

SECTION I - INFORMATION

Kitchin, Henry L., Jr.

Applicant's Name (Last Name, First Name & Middle Initial) check here if federal government attorney O
McGuireWoods LLP

Firm/Agency Name

300 North Third Street (910) 254-3822 (910) 254-3823

Suite 320 Telephone Number Fax Number

Street Address

Wilmington, NC, 28401 hkitchin@mcguirewoods.com

City, State, Zip Code E-mail Address

I have been retained to represent the following parties:
Live Oak Banking Company [] Plaintiff(s) [&] Defendant(s) [7] Other:

Live Oak Bancshares, Inc. [-] Plaintiffs) [x] Defendant(s) [_] Other:
Name(s) of Party(ies) Represented

List all state and federal courts (including appellate courts) to which the applicant has been admitted, and provide the current status of his or
her membership. Use Section IV if more room is needed, or to provide additional information.

Name of Court Date of Admission Active Member in Good Standing? (if not, please explain)
Supreme Court of North Carolina 8/24/1996 yes
United States Supreme Court 5/22/2017 yes

(see Section IV - Supplement)

G-64 (02/20) APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE Page 1 of 3

Case 2:20-cv-03815-ODW-AGR_ Document 41 Filed 05/22/20 Page2of4 PageID
#:167

List all cases in which the applicant has applied to this Court for pro hac vice status in the previous three years (continue in Section IV if
needed):
Case Number Title of Action Date of Application Granted / Denied?

If any pro hac vice applications submitted within the past three (3) years have been denied by the Court, please explain:

n/a

Attorneys must be registered for the Court's electronic filing system to practice pro hac vice in this Court. Submission
of this Application will constitute your registration (or re-registration) to use that system. If the Court signs an Order
granting your Application, visit www.pacer.gov to complete the registration process and activate your e-filing
privileges in the Central District of California.

SECTION II - CERTIFICATION

I declare under penalty of perjury that:

(1) All of the above information is true and correct.

(2) Lam nota resident of the State of California. Iam not regularly employed in, or engaged in
substantial business, professional, or other activities in the State of California.

(3) Iam not currently suspended from and have never been disbarred from practice in any court.

(4) Iam familiar with the Court's Local Civil and Criminal Rules, the Federal Rules of Civil and
Criminal Procedure, and the Federal Rules of Evidence.

(5) I designate the attorney listed in Section III below, who is a member in good standing of the Bar
of this Court and maintains an office in the Central District of California for the practice of law, in
which the attorney is physically present on a regular basis to conduct business, as local counsel
pursuant to Local Rule 83-2.1.3.4.

Dated May 22, 2020 Henry L. Kitchin Jr.
Applicant's Name (pleas omprint)

Applicant's Signature

G-64 (02/20) APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE Page 2 of 3

Case 2:20-cv-03815-ODW-AGR_ Document 41 Filed 05/22/20 Page3of4 PageID

#:168

SECTION III - DESIGNATION OF LOCAL COUNSEL
Lally, Kevin M.

Designee's Name (Last Name, First Name & Middle Initial)
McGuireWoods LLP

Firm/Agency Name

355 South Grand Avenue (213) 457-9862 (213) 457-9882
Suite 4200 Telephone Number Fax Number
Street Address klally@mcguirewoods.com
Los Angeles, CA 90071 Email Address
City, State, Zip Code 226402

Designee's California State Bar Number

I hereby consent to the foregoing designation as local counsel, and declare under penalty of perjury that I maintain an office in the
Central District of California for the practice of law, in which I am physically present on a regular basis to conduct business.

Dated May 22, 2020 Kevin M. Lally
Designee's Name (please type or print)

(Li “My Sal bl

Designee's Signature

SECTION IV - SUPPLEMENT ANSWERS HERE (ATTACH ADDITIONAL PAGES IF NECESSARY)

List all state and federal courts (including appellate courts) to which the applicant has been admitted .. . (continued from
Section I):

Name of Court - Date of Admission - Active Member in Good Standing?
USS. District Court, Middle District of North Carolina - 8/24/1996 - Yes

USS. District Court, Eastern District of North Carolina - 8/2002 - Yes
USS. District Court, Western District of North Carolina - 3/14/19 - Yes

G-64 (02/20) APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE Page 3 of 3

Case 2:20-cv-03815-ODW-AGR Document 41__ Filed 05/22/20 Page 4o0f 4 Page ID
#:169

Supreme Court
OF THE STATE OF NORTH CAROLINA

I, Amy L. Funderburk, Clerk of the Supreme Court of North Carolina, do hereby
certify that on August 24, 1996, license to practice as an Attorney and Counselor at Law in

all the Courts of this State was issued by the North Carolina Board of Law Examiners to

Henry L. Kitchin Jr.

according to the certified list of licentiates reported by the Secretary of said Board and filed
in my office as required by statute.

To the date of this certificate, no order revoking said license has been filed with this
Court and no order suspending same is in effect.

WITNESS my hand and the Seal of the Supreme Court of North Carolina at office in

Raleigh, this May 20, 2020.

ms A Feundlenbdl-

Amy L. Funderburk
Clerk of the Supreme Court
of the State of North Carolina

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