SUPREME COURT OF THE STATE OF NEW YORK

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x IN RE APPLICATION FOR CPLR 3102(E) ORDER Notice of Motion TO PRODUCE TAPE RECORDING. Index No. PLEASE TAKE NOTICE that upon the annexed Affirmation of Robert Lewis, made on the 13th day of September, 2010 and exhibit annexed thereto, Petitioner Freeman Lewis LLP will move this Court in the Motion Submissions Part Room 130, 60 Centre Street at 9:30 a.m. on October II, 2010, or as soon thereafter as the matter can be heard, for an order granting permission for Paul G. Cassell to appear pro hac vice on Petitioner's behalf. Please take further notice that pursuant to CPLR 2214(b) opposition papers, if any, are to be served on or before October 1, 2010. Dated: September 16, 2010 New York, New York FREEMAN LEWIS LLP, /MN/ By: Robert Y. Lewis 228 East 451h Street 17i° Floor New York, New York 10016 (212) 980-4050 Attorneys for Petitioner EFTA00728884 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x IN RE APPLICATION FOR CPLR 3102(E) ORDER Lewis Affirmation TO PRODUCE TAPE RECORDING Index No. Robert Y. Lewis, an attorney duly admitted to practice before the Court of the State of New York, affirms under penalty of perjury as follows: 1. I am a member of the firm of Freeman Lewis LLP ("Petitioner") in this action. 2. I submit this Affirmation in support of Petitioner's motion for an order permitting Paul Cassell to appear pro hac vice on Petitioner's behalf in this case. 3. NYCRR § 602.2 provides that "an attorney and counselor at law, or the equivalent from another state ... may be admitted pro hac vice to participate in the trial or argument of a particular cause in which the attorney may be employed, upon application to and in the discretion of the court in which the cause is pending." 4. Paul Cassell is an attorney in good standing in the State of Utah. He was admitted to the Utah Bar on May 27, 1992. See May 26, 2010 Utah State Bar Letter attached hereto as Exhibit 1. 5. He has never been disciplined. Id. 6. I was a classmate of Mr. Cassell's at Stanford Law School, where he was President of the Stanford Law Review. I have also worked as co-counsel with Mr. EFTA00728885 Cassell on this and other litigations. I therefore have a sound basis for attesting to his competence and high ethical standards. 7. Accordingly, Petitioner respectfully requests that the Court admit Paul Cassell pro hoc vice to participate in this case. Dated: September 16, 2010 New York, New York Robert Y. is Freeman Lewis LLP 228 East 45th Street, 171° Floor New York, New York 10017 Attorneys for Petitioner EFTA00728886 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x IN RE APPLICATION FOR CPLR 3102(E) ORDER TO PRODUCE TAPE RECORDING Index No. Order to Appear Pro Hac Vice The Court, having considered the application of Petitioner Freeman Lewis LLP for an order permitting Paul G. Cassell to appear pro hac vice on Petitioners' behalf, hereby grants said application. Done this day of , 2010. ENTER: EFTA00728887 Jon, C daimon Execuao 0tmcfrl Utah State Bar 645 South 200 East. Sure 310 • Sall Lake City. taw, 84111.3834 Teiephcoe. 801-531.9077 • Fax: 801-531.0660 www.utahbar.org May 26, 2010 To Whom It May Concern: Re: CERTIFICATE OF GOOD STANDING for PAUL G. CASSELL This is to certify that Paul G. Cassell, Utah State Bar No. 6078, was admitted to practice law in Utah on May 27, 1992 and is an active member of the Utah State Bar in good standing. "Good standing" is defined as a lawyer who is current in the payment of all Bar licensing fees, has met mandatory continuing legal education requirements, if applicable, and is not disbarred, presently on probation, suspended, or has not resigned with discipline pending, from the practice of law in this state. No public disciplinary action involving professional misconduct has been taken against the • nse of Paul G. Cassell to practice law. Board of Comrnssalonon Sttdmin OaPf it PrnKlyne R•abed L Jeffs "nanekx. SUNSI R But MA Chnses0 W. Carper Yvon 0. Donau° James O G Ken Mary Kay Golan, CPA Gunn M Jenson Pamela* Kym Lon W NOlson Herm Oxen BCctl R. UGH Tbrarms IN Stier Rodney G Snow E RASO mew Katherine A. Fox General Counsel Utah State Bar Do the Public Good • Volunteer foe Pio Bono EFTA00728888