IN THE COURT OF APPEALS OF THE STATE OF OREGON. To: Thomas M. Christ, John A. Bennett, Margaret S. Olney and Gregory A.

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1 March 15, :04 PM IN THE COURT OF APPEALS OF THE STATE OF OREGON JOHN S. FOOTE, MARY ELLEDGE, and DEBORAH MAPES-STICE, Plaintiff-Respondent, v. STATE OF OREGON, Defendant-Appellant. Clackamas County Circuit Court No. 17CV49853 Appellate Court No. A NOTICE OF APPEAL To: Thomas M. Christ, John A. Bennett, Margaret S. Olney and Gregory A. Chaimov 4. Deborah Mapes-Stice Page 1 - NOTICE OF APPEAL DGF:kw5\ I. Appellant, State of Oregon, hereby gives notice of appeal from the General Judgment (judgment) entered in this case on February 22, 2018, by the Honorable Michael C. Wetzel, the Honorable Susie L. Norby and the Honorable Thomas J. Rastetter, in Clackamas County Circuit Court. II. The adverse parties to this appeal are: Appellant 1. State of Oregon Respondent 2. John S. Foote 3. Mary Elledge 1162 Court Street NE Salem, OR (503)

2 III. The names, bar numbers, addresses and telephone numbers of the attorneys are: Attorneys for Appellant ELLEN F. ROSENBLUM # Attorney General BENJAMIN GUTMAN # Solicitor General DENISE G. FJORDBECK #82257 Attorney-in-Charge Civil/Administrative Appeals 1162 Court St. NE Salem, Oregon Telephone: (503) Attorney for Amicus Curiae Partnership for Safety and Justice MARGARET S. OLNEY # Bennett Hartman Morris & Kaplan LLP 210 SW Morrison St., Ste. 500 Telephone: (503) Attorney for Respondents THOMAS M. CHRIST # Cosgrave Vergeer Kester LLP 888 SW 5 th Ave., Ste. 500 Telephone: (503) JOHN A. BENNETT # Bullivant Houser Bailey PC 888 SW 5 th Ave., Ste. 300 Telephone: (503) Attorney for Amicus Curiae American Civil Liberties Union of Oregon Foundation, Inc. GREGORY A. CHAIMOV # Davis Wright Tremaine LLP 1300 SW 5 th Ave., Ste Portland, OR Telephone: (503) IV. I hereby certify that I directed the Notice of Appeal to be served on the 15th day of March, 2018, within the time provided by ORS (1), by mailing a certified true copy sealed in an envelope by, certified mail, postage prepaid, and addressed to the attorney for the respondent, at the address listed in paragraph III above and to the Trial Court Administrator, Debbie Spradley, Clackamas County Courthouse, 807 Main Street, Oregon City, OR 97045; and Page 2 - NOTICE OF APPEAL DGF:kw5\ Court Street NE Salem, OR (503)

3 Transcript Coordinator, Clackamas County Courthouse, 807 Main Street, Oregon City, OR I further certify that on March 15, 2018, I directed the Notice of Appeal to be electronically filed with the Appellate Court Administrator, Appellate Court Records Section, by using the court s electronic filing system. V. Appellant designates the record in its entirety, including the trial court file, all exhibits, and the record of all oral proceedings. VI. This appeal is timely and otherwise procedurally properly before the Court of Appeals because it is commenced within thirty days of February 22, 2018, the date of entry of the judgment being appealed. VII. A photocopy of the original judgment in the trial court file is attached. Page 3 - NOTICE OF APPEAL DGF:kw5\ Court Street NE Salem, OR (503) Respectfully submitted, ELLEN F. ROSENBLUM # Attorney General BENJAMIN GUTMAN # Solicitor General /s/ Denise G. Fjordbeck DENISE G. FJORDBECK # Attorney-in-Charge Civil/Administrative Appeals Attorneys for Defendant-Appellant State of Oregon

4 17CV IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF CLACKAMAS JOHN S. FOOTE, MARY ELLEDGE, and DEBORAH MAPES-STICE, v. Plaintiffs, STATE OF OREGON, Defendant. Case No. 17CV49853 General Judgment Having granted plaintiffs motion for judgment on the pleadings, the court now enters judgment in favor of plaintiffs and against defendant, as follows: (1) the court declares that the amendments to ORS by sections 5 and 6 of House Bill 3078 (2017) were enacted in violation of Article IV, section 33, of the Oregon Constitution and, therefore, those amendments are invalid and have no force or effect; and (2) plaintiffs may petition for costs, disbursements, and attorney fees as provided in ORCP Submitted by: Signed: 2/20/ :19 PM Thomas M. Christ, For Plaintiffs Signed: 2/20/ :11 PM Signed: 2/22/ :29 AM Page 1 of 1 - General Judgment

5 UTCR CERTIFICATE I certify that, more than three days ago, I served a copy of the attached judgment on each party entitled to service, and that no party objects to the form of it. Dated this 20th day of February, s/ Thomas M. Christ Thomas M. Christ Page 1 of 1 Certificate of Readiness UTCR 5.100

6 CERTIFICATE OF SERVICE I certify that I mailed a copy of the attached General Judgment to the following lawyers at the following addresses, by first-class mail, with postage prepaid, on February 20, 2018: The Hon. Ellen Rosenblum Sarah Weston Sadie Forzley 100 S.W. Market St. Portland, OR Margaret Olney Bennett, Hartman, Morris & Kaplan LLP 210 S.W. Morrison St., Suite 500 Gregory A. Chaimov Davis Wright Tremaine LLP 1300 S.W. 5th Ave., Suite 2400 Portland, OR John A. Bennett Bullivant Houser Bailey PC 888 SW 5th Ave., Suite 300 [via electronic service only] s/ Thomas M. Christ Thomas M. Christ Page 1 of 1 Certificate of Service v.1