MOTION for Pro Hac Vice David M. Chaiken by Martin Kao. (Green, Michael) [1:20-mj-01208-WRP] (Dkt. 17)

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A Motion to Appear Pro Hac Vice (form HID 007A) in United States of America v. Martin Kao, Case No. 1:20-mj-01208-WRP, in the U.S. District Court for the District of Hawaii, Document 17 in No. 1:21-cr-00061-LEK, filed October 22, 2020. It seeks permission for David M. Chaiken of Troutman Pepper Hamilton Sanders LLP to appear as counsel for Martin Kao (Defendant), with Michael Jay Green, Esq. named as local counsel. The attached Declaration of Counsel lists the courts where the attorney is admitted and states that the attorney is not a resident of the District of Hawaii. The Consent of Local Counsel is dated October 22, 2020, with /s/ Michael Jay Green.

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Case 1:21-cr-00061-LEK Document17 Filed 10/22/20 Page1of3 PagelD.74

HID 007A (Rev. 02 /14) Motion to Appear Pro Hac Vice

UNITED STATES DISTRICT COURT
for the

District of Hawaii

United States of America

) 1:20-mj-01208-WRP
Case No.

Plaintiff

Martin Kao )

)

Defendant )

)

MOTION TO APPEAR PRO HAC VICE
(Attach Declaration of Counsel in support of motion. $300.00 assessment required to be paid through Pay.gov.)

Name of Attorney: David M. Chaiken

Firm Name: Troutman Pepper Hamilton Sanders LLP

: . 600 Peachtree Street NE, Suite 3000
Firm Address: Atlanta, GA 30308

Attorney CM/ECF david.chaiken@troutman.com

Primary email address:

Firm Telephone: 404.885.2587 Firm Fax: |404.885.3900
Party Represented: Martin Kao (Defendant)

Name/Address Michael Jay Green, Esq.

of Local Counsel 841 Bishop Street, Suite 2201

Honolulu, Hawaii 96813

Pursuant to LR 83.1(e) of the Local Rules of Practice for the United States District Court for the District of Hawaii, the undersigned
applies for an order permitting the above-named attorney to appear and participate as counsel pro hac vice for the above-named
party in all matters in the above-captioned case or proceeding. This request is based on the declaration of the attorney seeking to
appear pro hac vice.

October 22, 2020 a W. David M. Chaiken

Dated: Signature* (Print name if original signature)

*If this motion is being signed by local counsel on behalf of the applicant, the signature constitutes consent to the
designation as associate counsel; otherwise such consent shall be filed separately.

Case 1:21-cr-00061-LEK Document17 Filed 10/22/20 Page 2of3 PagelD.75

HID 007A (Rev.02 /14) Declaration of Counsel

UNITED STATES DISTRICT COURT

for the
District of Hawaii

United States of America

Plaintiff Case No. 1:20-mj-01208-WRP

Martin Kao

Defendant

——4_4 4444444

DECLARATION OF COUNSEL
(Attach to Motion to Appear Pro Hac Vice.)

Name of Declarant: | David M. Chaiken

I am not a resident of the District of Hawaii, am not regularly employed in the District of Hawaii, and am not regularly
engaged in business, professional or law-related activities in the District of Hawaii, and that:

1. The city and state of my residence and office address is:

Atlanta, GA

2. I have been admitted to practice in the following courts on the dates noted:

Georgia superior courts (5/30/02); US District Court, N.D. Ga. (8/29/02); US Court of Appeals, 11th Cir. (10/17/02);
Georgia Supreme Court (11/14/02); Georgia Court of Appeals (11/14/02); California state courts (5/27/04);

US District Court, N.D. Cal. (9/17/04); US District Court, E.D. Cal. (9/17/04); US Court of Appeals, 9th Cir. Oa TO4);
US District Court, S.D. Cal. (4/13/05); US District Court, C.D. Cal. (4/14/05); US District Court, M.D. Ga. (5/30/17).

3. 1am in good standing and eligible to practice in the following courts (declarant may state “All of the courts
identified in paragraph 2"):

I am in good standing and eligible to practice in all of the courts identified in paragraph 2.

4.1 (a) am not currently involved in disciplinary proceedings before any state bar, federal bar, or any equivalent;
(b) have not in the past 10 years been suspended, disbarred, or otherwise subject to other disciplinary proceeding
before any state bar, federal bar, or its equivalent; (c) have not been denied admission pro hac vice by any court or
agency in the past 10 years; and (d) have not been the subject of a criminal investigation known to the attorney or
a criminal prosecution or conviction in any court in the past ten (10) years.

Case 1:21-cr-00061-LEK Document17 Filed 10/22/20 Page 3of3 PagelD.76

5. If I am concurrently making or have made within the preceding year a motion to appear pro hac vice in
a case or proceeding in the District of Hawaii, the title and number of each matter is stated below,
together with the date of the motion and whether the motion was granted.

6. I designate the following to serve as associate counsel who is a member in good standing of the bar of
the United States District Court for the District of Hawaii and maintains an office in this district, with
the address, telephone and fax numbers, and e-mail address noted:

7. CM/ECF: Filing documents electronically/Receiving e-mail notification.
Full participation. I am requesting a waiver of the required CM/ECF training. I am a registered user of

CM/ECF in the following Bankruptcy and/or District Court(s):
All US District Courts identified in Paragraph 2

Full participation. Computer Based Training (CBT) completed. I have completed CBT modules
1 and 2 currently available on the USDC District of Hawaii website at: www.hid.uscourts.gov

a. I will abide by all orders, rules, and administrative procedures governing the use of my login and password
and the electronic filing of documents in the CM/ECF system of the United States District Court for the
District of Hawaii.

b. Use of my CM/ECF User login and password constitutes my signature on an electronically filed document for
all purposes and shall have the same force and effect as if I had affixed my signature on a paper copy of the
document being filed (full participation registrants only).

c. I may authorize one or more employees or office staff members to use my login and password for the
electronic filing of a document. However, such use constitutes my signature on the electronically filed
document. I will not knowingly permit use of my login and password by anyone not so authorized, I shall take
steps to prevent such unauthorized use, and I shall be fully responsible for all use of the login and password
whether authorized or unauthorized. If authorization to use a login and password is withdrawn (e.g., when a
staff member leaves employment) or if unauthorized use of a login and password is suspected, I shall select
and activate a new password for use in the CM/ECF system. I also shall immediately notify the court upon
learning of any unauthorized use. I understand that failure to change the password and notify the court may
result in sanctions (full participation registrants only).

d. This registration constitutes my waiver of service of a paper copy of a notice and a request in writing that,
instead of notice by mail, notice be sent to me by electronic transmission through the court’s CM/ECF system.
This also constitutes my consent in writing to accept service of documents by e-mail through the CM/ECF
system. I will maintain an active e-mail account for notice and service by electronic transmission, and will
keep such e-mail account information current in my CM/ECF User account.

I declare under penalty of perjury that the foregoing is true and correct. (Attach any additional pages if any
further explanation is needed)

Dated: _ October 22, 2020 |e.

Signature

CONSENT OF LOCAL COUNSEL
(Local counsel may sign below if consent is not recorded elsewhere.)

Dated: October 22, 2020 /s/ Michael Jay Green
Signature

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