March 15, 2018 01:04 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\8813032 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 97301-4096 (503) 378-4402
III. The names, bar numbers, addresses and telephone numbers of the attorneys are: Attorneys for Appellant ELLEN F. ROSENBLUM #753239 Attorney General BENJAMIN GUTMAN #160599 Solicitor General DENISE G. FJORDBECK #82257 Attorney-in-Charge Civil/Administrative Appeals 1162 Court St. NE Salem, Oregon 97301-4096 Telephone: (503) 378-4402 Attorney for Amicus Curiae Partnership for Safety and Justice MARGARET S. OLNEY #881359 Bennett Hartman Morris & Kaplan LLP 210 SW Morrison St., Ste. 500 Telephone: (503) 546-9634 Attorney for Respondents THOMAS M. CHRIST #834064 Cosgrave Vergeer Kester LLP 888 SW 5 th Ave., Ste. 500 Telephone: (503) 323-9000 JOHN A. BENNETT #750407 Bullivant Houser Bailey PC 888 SW 5 th Ave., Ste. 300 Telephone: (503) 499-4418 Attorney for Amicus Curiae American Civil Liberties Union of Oregon Foundation, Inc. GREGORY A. CHAIMOV #822180 Davis Wright Tremaine LLP 1300 SW 5 th Ave., Ste. 2400 Portland, OR 97201 Telephone: (503) 778-5328 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 19.255(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\8813032 1162 Court Street NE Salem, OR 97301-4096 (503) 378-4402
Transcript Coordinator, Clackamas County Courthouse, 807 Main Street, Oregon City, OR 97045. 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\8813032 1162 Court Street NE Salem, OR 97301-4096 (503) 378-4402 Respectfully submitted, ELLEN F. ROSENBLUM #753239 Attorney General BENJAMIN GUTMAN #160599 Solicitor General /s/ Denise G. Fjordbeck DENISE G. FJORDBECK #822578 Attorney-in-Charge Civil/Administrative Appeals Attorneys for Defendant-Appellant State of Oregon
17CV49853 1 2 3 4 5 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF CLACKAMAS 6 7 8 9 10 11 JOHN S. FOOTE, MARY ELLEDGE, and DEBORAH MAPES-STICE, v. Plaintiffs, STATE OF OREGON, Defendant. Case No. 17CV49853 General Judgment 12 13 14 15 16 17 18 19 20 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 137.717 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 68. 21 22 23 24 25 26 Submitted by: Signed: 2/20/2018 01:19 PM Thomas M. Christ, 834064 For Plaintiffs Signed: 2/20/2018 01:11 PM Signed: 2/22/2018 08:29 AM Page 1 of 1 - General Judgment
1 2 3 4 UTCR 5.100 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, 2018. 5 6 7 s/ Thomas M. Christ Thomas M. Christ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Page 1 of 1 Certificate of Readiness UTCR 5.100
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 97201 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 97201 John A. Bennett Bullivant Houser Bailey PC 888 SW 5th Ave., Suite 300 [via electronic service only] s/ Thomas M. Christ Thomas M. Christ 20 21 22 23 24 25 26 Page 1 of 1 Certificate of Service 4812-8300-3485 v.1