Dion W. Hayes (VSB No. 34304)

John H. Maddock III (VSB No. 41044)

MCGUIREWOODS LLP

Gateway Plaza

800 East Canal Street

Richmond, VA 23219-3916

Telephone: (804) 775-1178

Facsimile: (804) 698-2186

Email: dhayes@mcguirewoods.com

jmaddock@mcguirewoods.com

Counsel to Plaintiff Black Diamond 

Commercial Finance, LLC

IN UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re:

PATRIOT COAL CORPORATION, et al.,

Debtors.

Chapter 11

Case No. 15-32450 (KLP)

Jointly Administered

BLACK DIAMOND COMMERCIAL FINANCE, LLC,

Plaintiff,

v.

VIRGINIA CONSERVATION LEGACY FUND, INC. and 

ERP COMPLIANT FUELS, LLC,

Defendants.

Adv. Proc. No. 16-03105 (KLP)

Case 16-03105-KLP Doc 10 Filed 05/06/16 Entered 05/06/16 20:26:45 Desc Main

 Document Page 1 of 14
-2-

MOTION FOR ENTRY OF AN ORDER AUTHORIZING

CLARENCE WILLIAM PHILLIPS, DIANNE COFFINO, DAVID ZORIAN PINSKY,

ALEXANDER SETZEPFANDT, AND GILLIAN KASSNER FROM 

COVINGTON & BURLING LLP TO APPEAR AND PRACTICE PRO HAC VICE

ON BEHALF OF PLAINTIFF BLACK DIAMOND COMMERCIAL FINANCE, LLC

John H. Maddock III, a partner with McGuireWoods LLP (the “Movant”), a member in 

good standing of the Bar of the Commonwealth of Virginia and admitted to practice before the 

United States Bankruptcy Court for the Eastern District of Virginia (the “Court”), hereby moves

the Court for the entry of an order (the “Order”), substantially in the form of Exhibit A,

authorizing Clarence William Phillips, Dianne Coffino, and David Zorian Pinsky, partners in the 

law firm of Covington & Burling LLP, 620 Eighth Ave, New York, NY 10018, and Alexander 

Setzepfandt and Gillian Kassner, associates in the law firm of Covington & Burling LLP, 620 

Eighth Ave, New York, NY 10018 (collectively, the “Admittees”) to appear and practice pro hac 

vice on behalf of Plaintiff and Counterclaim-Defendant Black Diamond Commercial Finance, 

LLC (“Black Diamond”), in the above-captioned case and any adversary proceedings pursuant to 

Rule 2090-1(E)(2) of the Local Bankruptcy Rules for the United States Bankruptcy Court for the 

Eastern District of Virginia. In support of this motion, the Movant states as follows.

VIRGINIA CONSERVATION LEGACY FUND, INC. and 

ERP COMPLIANT FUELS, LLC,

Counterclaim-Plaintiffs,

v.

BLACK DIAMOND COMMERCIAL FINANCE, LLC,

Counterclaim-Defendant.

Case 16-03105-KLP Doc 10 Filed 05/06/16 Entered 05/06/16 20:26:45 Desc Main

 Document Page 2 of 14
-3-

Relief Requested

By this motion, the Movant seeks an order authorizing the Admittees to appear and 

practice pro hac vice on behalf of Plaintiff and Counterclaim-Defendant Black Diamond 

Commercial Finance, LLC.

Clarence William Phillips is a member in good standing of the Bar of the State of New 

York and is admitted to practice before the United States District Court for the Southern District 

of New York and the United States District Court for the Eastern District of New York. There 

are no disciplinary proceedings pending against him.

Dianne Coffino is a member in good standing of the Bar of the State of New York and is 

admitted to practice before the United States District Court for the Southern District of New 

York, the United States District Court for the Eastern District of New York, and the First, 

Second, Third, and Ninth Circuit Courts of Appeals. There are no disciplinary proceedings 

pending against her.

David Zorian Pinsky is a member in good standing of the Bar of the State of New York 

and is admitted to practice before the United States District Court for the Southern District of 

New York, the United States District Court for the Eastern District of New York, and the United 

States District Court for the Eastern District of Michigan. There are no disciplinary proceedings 

pending against him.

Alexander Setzepfandt is a member in good standing of the Bar of the State of New 

York. There are no disciplinary proceedings pending against him.

Gillian Kassner is a member in good standing of the Bar of the State of New York and is 

admitted to practice before the United States Court of Federal Claims There are no disciplinary 

proceedings pending against her.

Case 16-03105-KLP Doc 10 Filed 05/06/16 Entered 05/06/16 20:26:45 Desc Main

 Document Page 3 of 14
-4-

The Admittees’ applications are attached hereto as Exhibit B and incorporated by 

reference into this Motion (collectively, the “Applications”).

Waiver of Memorandum of Points and Authorities

Movant respectfully requests that the Court treat this Motion as a written memorandum 

of points and authorities or waive any requirement that this Motion be accompanied by a written 

memorandum of points and authorities as described in Local Bankruptcy Rule 9013-1(G).

WHEREFORE, for the reasons set forth herein, the Movant respectfully requests that the 

Court enter the Order, substantially in the form attached hereto as Exhibit A, (a) authorizing the 

Admittees to appear and practice pro hac vice on behalf of Plaintiff and Counterclaim-Defendant 

Black Diamond Commercial Finance, LLC, and (b) granting such other and further relief as is 

just and proper.

Dated: May 6, 2016

Richmond, Virginia

MCGUIREWOODS LLP

By: /s/ John H. Maddock III

Dion W. Hayes (VSB No. 34304)

John H. Maddock III (VSB No. 41044)

MCGUIREWOODS LLP

Gateway Plaza

800 East Canal Street

Richmond, VA 23219-3916

Telephone: (804) 775-1178

Facsimile: (804) 698-2186

Email: dhayes@mcguirewoods.com

jmaddock@mcguirewoods.com

Case 16-03105-KLP Doc 10 Filed 05/06/16 Entered 05/06/16 20:26:45 Desc Main

 Document Page 4 of 14
EXHIBIT A

Proposed Order

Case 16-03105-KLP Doc 10 Filed 05/06/16 Entered 05/06/16 20:26:45 Desc Main

 Document Page 5 of 14
IN UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

ORDER AUTHORIZING

CLARENCE WILLIAM PHILLIPS, DIANNE COFFINO, DAVID ZORIAN PINSKY,

ALEXANDER SETZEPFANDT, AND GILLIAN KASSNER FROM 

COVINGTON & BURLING LLP TO APPEAR AND PRACTICE PRO HAC VICE ON 

BEHALF OF PLAINTIFF BLACK DIAMOND COMMERCIAL FINANCE, LLC

Upon the motion (the “Motion”) of John H. Maddock III of McGuireWoods LLP (the 

“Movant”) for the admission pro hac vice of Clarence William Phillips, Dianne Coffino, and 

In re:

PATRIOT COAL CORPORATION, et al.,

Debtors.

Chapter 11

Case No. 15-32450 (KLP)

Jointly Administered

BLACK DIAMOND COMMERCIAL FINANCE, LLC,

Plaintiff,

v.

VIRGINIA CONSERVATION LEGACY FUND, INC. and 

ERP COMPLIANT FUELS, LLC,

Defendants.

Adv. Proc. No. 16-03105 (KLP)

VIRGINIA CONSERVATION LEGACY FUND, INC. and 

ERP COMPLIANT FUELS, LLC,

Counterclaim-Plaintiffs,

v.

BLACK DIAMOND COMMERCIAL FINANCE, LLC,

Counterclaim-Defendant.

Case 16-03105-KLP Doc 10 Filed 05/06/16 Entered 05/06/16 20:26:45 Desc Main

 Document Page 6 of 14
-2-

David Zorian Pinsky, partners in the law firm of Covington & Burling LLP, 620 Eighth Ave, 

New York, NY 10018, and Alexander Setzepfandt, and Gillian Kassner, associates in the law 

firm of Covington & Burling LLP, 620 Eighth Ave, New York, NY 10018 (collectively, the 

“Admittees”) pursuant to Local Bankruptcy Rule 2090-1(E)(2), all as more fully set forth in the 

Motion; Movant provided appropriate notice of the Motion, and the legal and factual bases set 

forth in the Motion establish just cause for the relief granted herein; and after due deliberation 

and sufficient cause appearing therefor, it is HEREBY ORDERED THAT:

1. The Motion is granted as set forth herein.

2. Clarence William Phillips, Dianne Coffino, David Zorian Pinsky, Alexander 

Setzepfandt, and Gillian Kassner are authorized to appear and practice pro hac vice on behalf of 

Plaintiff and Counterclaim-Defendant Black Diamond Commercial Finance, LLC in the abovecaptioned chapter 11 case and any related proceedings. The Applications attached to the Motion 

as Exhibit B are hereby approved.

3. The terms and conditions of this Order shall be immediately effective and 

enforceable upon its entry.

Richmond, Virginia

Dated:

HONORABLE KEITH L. PHILLIPS

UNITED STATES BANKRUPTCY JUDGE

Case 16-03105-KLP Doc 10 Filed 05/06/16 Entered 05/06/16 20:26:45 Desc Main

 Document Page 7 of 14
- 3-

WE ASK FOR THIS:

/s/ John H. Maddock III

Dion W. Hayes (VSB No. 34304)

John H. Maddock III (VSB No. 41044)

MCGUIREWOODS LLP

Gateway Plaza

800 East Canal Street

Richmond, VA 23219-3916

Telephone: (804) 775-1178

Facsimile: (804) 698-2186

Email:dhayes@mcguirewoods.com

jmaddock@mcguirewoods.com

Counsel to Plaintiff Black Diamond 

Commercial Finance, LLC

CERTIFICATION OF ENDORSEMENT

UNDER BANKRUPTCY RULE 9022-(1)(C)

Pursuant to Local Bankruptcy Rule 9022-1(C), I hereby certify that the foregoing 

proposed order has been endorsed by or served upon all necessary parties.

Dated: May 6, 2016 /s/ John H. Maddock III

Case 16-03105-KLP Doc 10 Filed 05/06/16 Entered 05/06/16 20:26:45 Desc Main

 Document Page 8 of 14
EXHIBIT B TO MOTION AND ORDER

Admittees’ Applications

Case 16-03105-KLP Doc 10 Filed 05/06/16 Entered 05/06/16 20:26:45 Desc Main

 Document Page 9 of 14
/s/ John H. Maddock III May 6, 2016

John H. Maddock III

Case 16-03105-KLP Doc 10 Filed 05/06/16 Entered 05/06/16 20:26:45 Desc Main

 Document Page 10 of 14
/s/ John H. Maddock III May 6, 2016

John H. Maddock III

Case 16-03105-KLP Doc 10 Filed 05/06/16 Entered 05/06/16 20:26:45 Desc Main

 Document Page 11 of 14
/s/ John H. Maddock III May 6, 2016

John H. Maddock III

Case 16-03105-KLP Doc 10 Filed 05/06/16 Entered 05/06/16 20:26:45 Desc Main

 Document Page 12 of 14
/s/ John H. Maddock III May 6, 2016

John H. Maddock III

Case 16-03105-KLP Doc 10 Filed 05/06/16 Entered 05/06/16 20:26:45 Desc Main

 Document Page 13 of 14
UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA

 RICHMOND DIVISION

APPLICATION TO QUALIFY AS A FOREIGN ATTORNEY UNDER 

LOCAL BANKRUPTCY RULE 2090-1(E)(2) 

In Case No.: _______________,* Case Name __________________________________________ 

PERSONAL STATEMENT 

FULL NAME (no initials, please) __________________________________________________________________

Bar Identification Number ________________ State ________________ 

Firm Name ____________________________________________________________________________________ 

Firm Phone # ________________________ Direct Dial # _______________________ FAX #__________________ 

E-Mail Address_________________________________________________________________________________ 

Office Mailing Address __________________________________________________________________________

Name(s) of federal court(s) in which I have been admitted _______________________________________________ 

I certify that the rules of the federal court in the district in which I maintain my office extend a similar pro hac vice 

admission privilege to members of the bar of the Eastern District of Virginia. 

I have not been reprimanded in any court nor has there been any action in any court pertaining to my conduct or fitness 

as a member of the bar. 

I hereby certify that, within 90 days before the submission of this application, I have read the Local Rules of this Court 

and that my knowledge of the Federal Rules of Civil Procedure, the Federal Rules of Bankruptcy Procedure, and the 

Federal Rules of Evidence is current. 

 _______________________________________ 

 (Applicant’s Signature) 

I, the undersigned, do certify that I am a member of the bar of this Court, not related to the applicant; that I know the 

applicant personally, that the said applicant possesses all of the qualifications required for admission to the bar of this 

Court; that I have examined the applicant’s personal statement. I affirm that his/her personal and professional character 

and standing are good, and petition the court to admit the applicant pro hac vice.

__________________________________________ _________________________ 

(Signature) (Date) 

__________________________________________ 

(Typed or Printed Name) 

___________________________ 

*Pro hac vice admission in a case shall include an adversary proceeding(s) in the case. 

Ver. 02/11/10 [effective 12/01/09] 

15-32450 (KLP) In re: Patriot Coal Corporation, et al.

Gillian Kassner

5326640 NY

Covington & Burling LLP

(212) 841-1000 (212) 841-1206 (646) 441-9206

gkassner@cov.com

 Covington & Burling LLP c/o The New York Times Bldg., 620 Eighth Avenue, New York, NY 10018

 U.S. Court of Federal Claims

/s/ John H. Maddock III May 6, 2016

John H. Maddock III

Case 16-03105-KLP Doc 10 Filed 05/06/16 Entered 05/06/16 20:26:45 Desc Main

 Document Page 14 of 14