Bernard v. Theil — Entry #43: MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Thomas J
Case: Bernard v. Theil nvd · 2:22-cv-00305
filed February 18, 2022
What this document is
Docket entry #43 · filed June 08, 2022
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Thomas J. McKenna and DESIGNATION of Local Counsel Matthew L. Sharp (Filing fee $ 250 receipt number ANVDC-6932642) by Plaintiff Kimberly Bernard. (Sharp, Matthew) (Entered: 06/08/2022)
Who is involved
- Marathon Digital Holdings, INC. [tracked: Marathon Digital]
- Fred Theil
- Georges Antoun
- Jay Leupp
- Kevin Denuccio
- Kimberly Bernard
- Merrick D. Okamoto
- Roy Strassman
- Said Ouissal
- Sarita James
- Simeon Salzman
Why we have it
We follow this case because a company we track is a party: Marathon Digital (listed as “Marathon Digital Holdings, INC.”). We checked the full party list on September 29, 2026 and confirmed the match.
A free copy from the RECAP archive of federal court filings (mirrored at the Internet Archive), retrieved November 02, 2026. Federal court filings are public records.
Document text
6 page(s), 9,626 characters, converted from the PDF's text layer · plain text.
Full text
Case 2:22-cv-00305-RFB-NJK Document 43 Filed 06/08/22 Page 1 of 6
1
2
3
4
5
6 UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
7
8 KIMBERLY BERNARD ) Case #_______________________
2:22-cv-00305
)
9 )
) VERIFIED PETITION FOR
10 Plaintiff(s), ) PERMISSION TO PRACTICE
) IN THIS CASE ONLY BY
11 vs. ) ATTORNEY NOT ADMITTED
FRED THEIL, ET AL. ) TO THE BAR OF THIS COURT
12 ) AND DESIGNATION OF
) LOCAL COUNSEL
13 )
Defendant(s). )
14 ____________________________________) FILING FEE IS $250.00
15
16 Thomas J. McKenna
____________________________, Petitioner, respectfully represents to the Court:
(name of petitioner)
17
1. That Petitioner is an attorney at law and a member of the law firm of
18
_______________________________________________________________________________
Gainey McKenna & Egleston
19 (firm name)
20 with offices at __________________________________________________________________,
501 Fifth Avenue, 19th Floor
(street address)
21
____________________________________,
New York ____________________________,
New York ____________,
10017
22 (city) (state) (zip code)
23 _____________________,
________ 212-983-1300 tjmckenna@gme-law.com
__________________________________.
(area code + telephone number) (Email address)
24
2. That Petitioner has been retained personally or as a member of the law firm by
25
_______________________________________
Kimberly Bernard to provide legal representation in connection with
26 [client(s)]
27 the above-entitled case now pending before this Court.
28 Rev. 5/16
Case 2:22-cv-00305-RFB-NJK Document 43 Filed 06/08/22 Page 2 of 6
1 3. August 27, 1985
That since _______________________, Petitioner has been and presently is a
(date)
2 member in good standing of the bar of the highest Court of the State of ______________________
New York
(state)
3 where Petitioner regularly practices law. Petitioner shall attach a certificate from the state bar or
4 from the clerk of the supreme court or highest admitting court of each state, territory, or insular
5 possession of the United States in which the applicant has been admitted to practice law certifying
6 the applicant's membership therein is in good standing.
7 4. That Petitioner was admitted to practice before the following United States District
8 Courts, United States Circuit Courts of Appeal, the Supreme Court of the United States and Courts
9 of other States on the dates indicated for each, and that Petitioner is presently a member in good
10 standing of the bars of said Courts.
11 Court Date Admitted Bar Number
12 _________________________________________
New York State Courts -- All 08/27/1985
_________________ 2009546
___________________
13 _________________________________________
Eastern and Southern District of New York 10/28/1986
_________________ ___________________
2nd Circuit Court of Appeals 10/25/2010
14 _________________________________________ _________________ ___________________
15 5th Circuit Court of Appeals
_________________________________________ 05/14/2012
_________________ ___________________
16 6th Circuit Court of Appeals
_________________________________________ 06/23/2011
_________________ ___________________
11th Circuit Court of Appeals 08/02/2010
17 _________________________________________ _________________ ___________________
18 Supreme Court of the United States
_________________________________________ 03/04/2014
_________________ ___________________
19
5. That there are or have been no disciplinary proceedings instituted against petitioner,
20
nor any suspension of any license, certificate or privilege to appear before any judicial, regulatory
21
or administrative body, or any resignation or termination in order to avoid disciplinary or
22
disbarment proceedings, except as described in detail below:
23
None
24
25
26
27
28 22 Rev. 5/16
Case 2:22-cv-00305-RFB-NJK Document 43 Filed 06/08/22 Page 3 of 6
1 6. That Petitioner has never been denied admission to the State Bar of Nevada. (Give
2 particulars if ever denied admission):
3 None
4
5
6 7. That Petitioner is a member of good standing in the following Bar Associations.
7 New York
8
9
10 8. Petitioner has filed application(s) to appear as counsel under Local Rule IA 11-2
11 (formerly LR IA 10-2) during the past three (3) years in the following matters: (State "none" if no applications.)
12 Date of Application Cause Title of Court Was Application
Administrative Body Granted or
13 or Arbitrator Denied
14 None
___________________ __________________ _________________________ _______________
15 ___________________ __________________ _________________________ _______________
16 ___________________ __________________ _________________________ _______________
17 ___________________ __________________ _________________________ _______________
18 ___________________ __________________ _________________________ _______________
19 (If necessary, please attach a statement of additional applications)
20 9. Petitioner consents to the jurisdiction of the courts and disciplinary boards of the
21 State of Nevada with respect to the law of this state governing the conduct of attorneys to the same
22 extent as a member of the State Bar of Nevada.
23 10. Petitioner agrees to comply with the standards of professional conduct required of
24 the members of the bar of this court.
25 11. Petitioner has disclosed in writing to the client that the applicant is not admitted to
26 practice in this jurisdiction and that the client has consented to such representation.
27
28 33 Rev. 5/16
Case 2:22-cv-00305-RFB-NJK Document 43 Filed 06/08/22 Page 4 of 6
Case 2:22-cv-00305-RFB-NJK Document 43 Filed 06/08/22 Page 5 of 6
Case 2:22-cv-00305-RFB-NJK Document 43 Filed 06/08/22 Page 6 of 6
Appellate Division of the Supreme Court
of the State of New York
Third Judicial Department
I, Robert D. Mayberger, Clerk of the Appellate Division of
the Supreme Court of the State of New York, Third Judicial
Department, do hereby certify that
Thomas James Mckenna
was duly licensed and admitted to practice as an Attorney and
Counselor at Law in all the courts of this State on August 27, 1985,
has duly taken and subscribed the oath of office prescribed by law,
has been enrolled in the Roll of Attorneys and Counselors at Law
on file in this office, is duly registered with the Administration
Office of the Courts, and according to the records of this Court is
currently in good standing as an Attorney and Counselor-at-Law.
In Witness Whereof, I have hereunto set
my hand in the City of Albany on June
8, 2022.
Clerk of the Court
CertID-00070130