IN THE COURT OF APPEALS OF THE STATE OF OREGON GARY D. HAUGEN, Plaintiff-Respondent, v.

JOHN KITZHABER, Governor of the State of Oregon, Defendant-Appellant. To: Harrison Latto I. Appellant, John Kitzhaber, Governor of the State of Oregon, hereby gives notice of appeal from the judgment entered in this case on August 15, 2012, by the Honorable Timothy P. Alexander, in Marion County Circuit Court. II. The adverse parties to this appeal are: Appellant 1. John Kitzhaber, Governor of the State of Oregon Marion County Circuit Court No. 12C16560 Appellate Court No. A NOTICE OF APPEAL

Respondent 2. Gary D. Haugen

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Department of Justice 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 ANNA M. JOYCE #013112 Solicitor General TIMOTHY A. SYLWESTER #813914 Assistant Attorney General 1162 Court St. NE Salem, Oregon 97301-4096 Telephone: (503) 378-4402 Email: timothy.sylwester@doj.state.or.us Attorney for Respondent HARRISON LATTO #812890 Attorney at Law 1631 N.E. Broadway No. 533 Portland, OR 97232 Telephone: (503) 223-0783 Email: hlatto@easystreet.net

IV. I hereby certify that I directed the Notice of Appeal to be served on the 11th day of September, 2012, 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, Diane Morse, Marion County Courthouse, P.O. Box 12869, Salem, OR 97309-0869; and Transcript Coordinator, Marion County Courthouse, P.O. Box 12869, Salem, OR 973090869.

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Department of Justice 1162 Court Street NE Salem, OR 97301-4096 (503) 378-4402

I further certify that I directed the Notice of Appeal to be filed by hand delivery with the Appellate Court Administrator, Appellate Court Records Section, at 1163 State Street, Salem, Oregon 97301-2563, on September 11, 2012. V. Appellant designates the record in its entirety, including the trial court file, all exhibits, and the record of all oral proceedings. VI. Pursuant to ORAP 3.33(5)(a) the transcript shall be served electronically on the Solicitor General at e-transcripts@doj.state.or.us. Pursuant to ORAP 3.33(5)(a)(i) appellant also requests a paper copy of the transcript. VII. This appeal is timely and otherwise procedurally properly before the Court of Appeals because it is commenced within thirty days of August 15, 2012, the date of entry of the judgment being appealed.

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Department of Justice 1162 Court Street NE Salem, OR 97301-4096 (503) 378-4402

VIII. A photocopy of the original judgment in the trial court file is attached. Respectfully submitted, ELLEN F. ROSENBLUM #753239 Attorney General ANNA M. JOYCE #013112 Solicitor General

_________________________________ TIMOTHY A. SYLWESTER #813914 Assistant Attorney General Timothy.Sylwester@doj.state.or.us Attorneys for Defendant-Appellant John Kitzhaber Governor of the State of Oregon

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Department of Justice 1162 Court Street NE Salem, OR 97301-4096 (503) 378-4402