Vous êtes sur la page 1sur 17

Case 1:06-cv-01770-JDT-TAB Document 41 Filed 06/11/2007 Page 1 of 17



Plaintiff, )
v. ) Cause No. 1:06-cv-1770-JDT-TAB
) Judge John D. Tinder
) Magistrate Judge Tim A. Baker
Defendant. )


Pursuant to the Court's Order to Show Cause, the undersigned hereby responds to

the Court's Order. For the reasons stated herein, this Court should determine that counsel

Harrison's delay in filing his pro hac vice motion, given that two other counsel for

plaintiff were admitted, was not a violation of the rules, although not good practice, and

that counsel Harrison's violation of the electronic filing local rule, L.R. 5.11, was

inadvertent and not in bad faith. Consequently, no sanction is required to deter future

violations. In support of this response, counsel offers the following statement of facts

and argument, with reference to applicable authorities.


Plaintiff Kevin Ryan asked counsel Harrison to represent him in this litigation

based on counsel Harrison’s extensive experience in whistleblower and employment

litigation and counsel's willingness to represent Plaintiff Ryan on a contingency/reduced

Case 1:06-cv-01770-JDT-TAB Document 41 Filed 06/11/2007 Page 2 of 17

fee basis. Plaintiff Ryan is a private citizen of modest means who brings this action not

only to vindicate his own rights and interests but to vindicate Indiana public policy and

the public interest as well.

Undersigned counsel, Mick G. Harrison, Esq., has a local office at the new

Caldwell Environmental Center, 323 S. Walnut, Bloomington, IN 47401, phone: 812-

323-7274, fax: 859-986-2695, E-mail:mickharrisonesq@earthlink.net. Counsel Harrison

is a member in good standing of the bar of the State of Pennsylvania (Pennsylvania

Supreme Court), bar number 65002, admitted 1992.

Counsel Harrison received his Juris Doctor degree from the District of Columbia

School of Law in 1991, graduating summa cum laude. Counsel Harrison was a member

of the law review, lead on the D.C.S.L. team for the Jessup International moot court

competition, and one of two students who received the Dean’s cup twice for

distinguished service to the law school. Since law school, counsel Harrison has been

dedicated to public service and serving the public interest by representing clients, often

who have an inability to pay attorney fees, whose cases raise important public interest


As a consequence, Counsel Harrison has developed a national law practice,

representing largely non-profit organizations and citizen groups. Counsel Harrison

currently has clients in litigation in Indiana, Kentucky, Utah, Oregon, New Mexico,

Maryland, and Alabama. Organizations that Counsel Harrison has represented include

the Indiana Forest Alliance, Protect Our Woods, Vietnam Veterans of America

Foundation, the Vietnam Veterans of America, Arkansas State Chapter, the National

Sierra Club, the Chemical Weapons Working Group, the Audubon Naturalist Society of

Case 1:06-cv-01770-JDT-TAB Document 41 Filed 06/11/2007 Page 3 of 17

the Central Atlantic States, the Arkansas Peace Center, and Greenpeace.

Counsel Harrison was previously a staff attorney for the Government

Accountability Project located in Washington, D.C., a nationally known non-profit

organization, and in that capacity represented a number of high level government and

corporate whistleblowers who disclosed waste, fraud and abuse in government and

industry and suffered retaliation as a result. Two of these clients have appeared on the

CBS news program Sixty Minutes. More recently Counsel Harrison has represented

several high level whistleblowers in association with the national not-for- profit Public

Employees for Environmental Responsibility (PEER) including Ms. Teresa Chambers,

former Chief of the United States Park Police.

Counsel Harrison has been fully admitted to the U.S. Courts of Appeals for the

Third Circuit (admitted 1996), Fourth Circuit (admitted 1994), Sixth Circuit (admitted

1993), Seventh Circuit (admitted 1997), Eighth Circuit (admitted 1993), Tenth Circuit

(admitted 1996), Eleventh Circuit (admitted 2005), and Federal Circuit (admitted 2007),

without any restriction on Counsel’s eligibility to practice, and remains in good standing

with each of these courts. Counsel Harrison also appears before the United States Merit

Systems Protection Board (MSPB) and the United States Department of Labor in

environmental and federal employee whistleblower cases.

As a result of this national practice on behalf of non-profit organizations,

whistleblowers, and citizen groups, Counsel Harrison has had occasion to be admitted

pro hac vice in a number of United States District Courts as noted in counsel's pro hac

vice motion. Counsel remains in good standing in all courts to which he is currently

admitted and was in good standing at all times during his admission to those courts in

Case 1:06-cv-01770-JDT-TAB Document 41 Filed 06/11/2007 Page 4 of 17

which he is not currently active.

For purposes of this case, Counsel Harrison has associated with local counsel

Rudolph Savich, a member in good standing of the Indiana Bar (Bar No. 1582-53), who

has appeared in this matter, as well as local counsel Kara Reagan, who has also appeared.

Plaintiff Ryan requires lead counsel who is experienced and knowledgeable in the areas

of employment law generally and whistleblower litigation specifically, and who is able

and willing to represent Plaintiff on a contingency/reduced fee basis. Whistleblower law

is complex, and this case involves some unusual issues and possibly one or more issues

of first impression. Counsel Harrison, who is an experienced whistleblower attorney

agreed to represent Mr. Ryan with co-counsel on a contingency/reduced fee basis.

Counsel Harrison does a substantial amount of pro bono work and in almost every other

case works at public interest discounted rates in an effort to serve under-represented

populations and to serve the public interest. Had it not been for the public import of Mr.

Ryan's case, and the likelihood that his case would not have been heard at all absent

counsel Harrison agreeing to represent him, counsel Harrison, due to an already

burdensome caseload, would not have taken on this case at all.

As noted in counsel's motion for admission pro hac vice, Counsel Harrison over

the past 16 years has maintained at different times offices in Washington, D.C., with the

Government Accountability Project, in Kentucky, with the Kentucky Environmental

Foundation (KEF), and in Pennsylvania with GreenWatch, Inc. Counsel Harrison's

professional plan and intent has been to maintain a national public interest law practice

based out of either Washington, D.C., Pennsylvania, or Kentucky. The public interest

cases in counsel's practice are often demanding, often against the government and large

Case 1:06-cv-01770-JDT-TAB Document 41 Filed 06/11/2007 Page 5 of 17

corporations. This necessitates some support staff to avoid overburdening counsel.

Counsel Harrison had some support staff during his years of being associated with the

Government Accountability Project (GAP) in Washington, D.C., the Kentucky

Environmental Foundation in Kentucky, and GreenWatch, in Pennsylvania.

Over the past approximately three years Counsel Harrison has been called upon to

be physically present in Indiana more than planned due to serious illnesses that have

afflicted three members of Counsel Harrison's family (two of Counsel's brothers and

Counsel's mother). Counsel would prefer to protect the privacy of his family members

by not going into detail regarding their illnesses other than to say that Counsel's mother

passed away from cancer during this period and absent Counsel Harrison's intervention to

assist the two brothers their physical and economic conditions would have been severely

impaired. Counsel Harrison is originally from Indiana and, as a consequence of the just

referenced circumstances, is currently a resident of Bloomington. Counsel Harrison has

been attempting to assist his family members on an on-going basis by spending more

time in Indiana without abandoning his national practice and his original plans for that


This year, Counsel Harrison has come to terms with the reality that it is not likely

to be possible for Counsel Harrison to maintain a primarily out-of-state practice

involving extensive travel while continuing to assist Counsel's family, who are all located

in Indiana. Consequently, Counsel Harrison had decided, and had discussed his decision

with local counsel Rudolph Savich, to pursue active long term residence in Indiana and

admission to the Indiana Bar and the Bar of the Southern District of Indiana as part of an

effort to reduce the currently unsustainable time and financial burden on counsel

Case 1:06-cv-01770-JDT-TAB Document 41 Filed 06/11/2007 Page 6 of 17

Harrison that has resulted from the above described circumstances.

Counsel Harrison had hoped that a trial victory in a 12-week trial whistleblower

case that resulted in an award of several hundred thousand dollars in attorney fees to

Counsel Harrison by the trial administrative judge would have helped Counsel deal with

these burdens and make an orderly transition from his national practice to an Indiana

based regional practice. Unfortunately, that case was reversed unexpectedly on appeal.

Counsel Harrison has a reputation for high standards of ethical conduct over his

16 years of practice. Counsel has never been suspended, disbarred or resigned as a result

of a disciplinary charge, investigation or proceeding from the practice of law in any

jurisdiction. No disciplinary proceeding is currently pending against Counsel Harrison in

any jurisdiction. Counsel Harrison is perfectly willing to strictly comply with any

expectations of this Court, and all of the applicable federal and local rules, including the

rules of professional responsibility that govern ethics and conduct for attorneys. Counsel

Harrison would not, and did not, intentionally violate any applicable rule or order of this

Court. Counsel does admit he misread L.R. 5.11 and sincerely apologizes for any

inconvenience this may have caused the Court or the Clerk.

Counsel Harrison further apologizes for his delay in filing his motion for

admission pro hac vice in this matter. Counsel Harrison had intended to file for pro hac

vice admission shortly after the removal of the case to federal court by Defendant.

Counsel's other case obligations, including a federal Court of Appeals brief and a petition

to the Supreme Court of the United States, among numerous other public interest case

demands, along with the ongoing need to assist Counsel's family in a time of medical and

financial hardship, caused Counsel to delay this pro hac vice filing in reliance on the

Case 1:06-cv-01770-JDT-TAB Document 41 Filed 06/11/2007 Page 7 of 17

capable assistance of his local co-counsel Mr. Savich and Ms. Reagan. Counsel Harrison

understands that it is necessary to file promptly for pro hac vice admission when an out-

of-jurisdiction counsel is the sole representative for a party. However, counsel Harrison

was operating on the understanding that, while it is good practice to promptly file for pro

hac vice admission when co-counsel have already been admitted, there was no time

constraint on counsel's filing of a motion for pro hac vice admission, similar to filing an

appearance as additional counsel, as long as the other admitted co-counsel directed and

approved any work done by out-of-jurisdiction counsel in a paralegal capacity prior to

the pro hac vice motion being filed and granted. Counsel Harrison has been unable to

locate any legal authority in the rules or case law that would set a deadline for filing such

a motion for pro hac vice admission where co-counsel have been admitted.

Counsel Harrison acknowledges that he did make filings in this matter

electronically on two occasions, February 5, 2007 and May 14, 2007, under his own

name. Counsel Harrison thought at the time that it was proper to do so in a paralegal

capacity in light of his co-counsel being admitted and having approved the submission,

and in light of Counsel Harrison having been registered to make electronic filings in the

Southern District. Counsel was at the time, admittedly in error, thinking that the "/s" by

counsel's name in the signature block of the filing was the key for the court determining

the identity of the signing counsel. Upon a review of the applicable local rule regarding

electronic filing, L.R. 5.11, it is clear that the Court treats the user name and password

used to make the filing also as part of the "signature." Had counsel Harrison realized this

at the time, he would not have made those filings but counsel Savich would have done so

or counsel Harrison would have done so in a paralegal capacity on counsel Savich's

Case 1:06-cv-01770-JDT-TAB Document 41 Filed 06/11/2007 Page 8 of 17

direction using counsel Savich's username and password with permission.

Counsel acknowledges that if out-of-jurisdiction counsel intends to function as an

attorney on behalf of a party, even with co-counsel, then the pro hac vice motion must be

filed promptly. Had Counsel correctly read L.R. 5.11 and recognized that the electronic

username and password is considered part of the electronic signature of the signing

attorney, counsel Harrison, had he not avoided doing any such filing (which would have

been the first option), would have promptly filed his motion for pro hac vice admission

which motion he would have recognized as a prerequisite for "signing" a filing as


Counsel Savich had authorized counsel Harrison to make such filings in a

paralegal capacity with his approval using counsel Savich's username and password and

counsel Harrison could have (and should have) done so on the two occasions referenced

above. Had counsel Harrison properly read L.R. 5.11, counsel Harrison would simply

have availed himself of the alternative procedure readily available to him of having co-

counsel file the documents in question or filing as an authorized paralegal under their

username and password. No advantage was gained or intended for counsel or Plaintiff in

using the wrong procedure in this case. The error was inadvertent.

Counsel Harrison has assisted co-counsel Savich in making several electronic

filings, most filed under Mr. Savich's name by him, but some filed by Counsel Harrison

on Mr. Savich's direction. In every case it has been an explicit understanding between

counsels Harrison and Savich that because counsel Harrison has yet to be admitted in this

matter, that Counsel Savich's opinions and decisions on all matters would control and his

approval was required.

Case 1:06-cv-01770-JDT-TAB Document 41 Filed 06/11/2007 Page 9 of 17

Counsel Harrison's confusion and mistake in believing he could file electronically

as a paralegal under his own username was contributed to by counsel Harrison's

experience in litigating cases before the MSPB. The MSPB electronic filing program

includes prompts that ask whether you are the party or a representative for a party or

someone else (such as a secretary or paralegal) authorized to file for someone who is a

party or representative. Undoubtedly, the stress of dealing with counsel Harrison's public

interest workload and family illnesses contributed to counsel Harrison not catching this

error. The facts that counsel Harrison's filings on the two occasions referenced above

were not rejected by the electronic filing system or subsequently by the Clerk, and that

the Judge's staff's extended the courtesy of allowing counsel Harrison to appear in the

initial prehearing conference to avoid inconvenience to co-counsel, while not justifying

counsel Harrison's error in reading L.R. 5.11, did result in counsel mistakenly assuming

that the procedure he was using was acceptable.

Counsel Harrison at no time intended to mislead the Court or opposing counsel or

misrepresent that he was admitted pro hac vice or otherwise in this matter but intended

only to support his co-counsel, who were admitted, in a paralegal capacity under the

supervision of Mr. Savich and with any additional direction co-counsel Reagan offered.

Counsel Harrison brought the matter up himself initially, before any inquiry by the Clerk

or the Court's staff, when the initial prehearing conference was set with Magistrate Judge

Baker. Both admitted co-counsel Savich and Reagan had conflicts with the set date and

time for that conference and Counsel Harrison called Judge Baker's office to inquire

about the potential for either or both Plaintiff's admitted co-counsel to appear by phone,

given that Counsel Harrison had yet to be admitted pro hac vice, which counsel Harrison

Case 1:06-cv-01770-JDT-TAB Document 41 Filed 06/11/2007 Page 10 of 17

explicitly pointed out. Counsel Harrison was advised by Court staff that it was

acceptable for him to appear in person in the initial prehearing conference

notwithstanding his pro hac vice motion was not yet filed or granted, and that it was not

necessary for co-counsel to appear by phone or in person (which both co-counsel were

prepared to do if required, albeit at some inconvenience). Counsel Harrison did

participate in the conference without objection, which served to avoid and reduce

conflicts in co-counsel's schedule, an opportunity made possible by the Court which was

much appreciated.

When the Court's staff made the recent inquiry with Counsel Harrison, and asked

counsel Harrison whether he was admitted in this matter, counsel Harrison stated

forthrightly that he was not yet admitted, but anticipated filing a motion for admission

pro hac vice. Counsel Harrison does not recall stating to Court staff that he had forgotten

to file his motion for admission pro hac vice, but may have so stated in reference to the

most recent time period after the initial prehearing conference when counsel became

burdened with numerous other case and family demands simultaneously. Counsel had

not forgotten to file his pro hac vice motion prior to the initial prehearing conference but

had simply not found time to prepare it and believed in good faith that with two other co-

counsel admitted and acting in the case that this delay was not a violation of any rule.

Counsel Harrison is unaware of any prejudice to Defendant that has resulted from

Counsel Harrison's delay in filing his motion for pro hac vice or from counsel Harrison's

two electronic filings in this matter. Counsel Harrison has placed payment of the required

fee for pro hac vice admission in the mail to the Clerk on the day that motion and this

response are being filed. Counsel Savich and counsel Harrison have filed a motion for

Case 1:06-cv-01770-JDT-TAB Document 41 Filed 06/11/2007 Page 11 of 17

pro hac vice admission of counsel Harrison in this matter, which was filed just prior to

filing this response to the Court's Order. Counsel Harrison hopes that this response and

that motion, will assist in addressing the Court's concerns expressed in the Order to Show


The Court's Order to Show Cause makes reference to counsel Harrison signing, as

co-counsel, a recent complaint in Sierra Club v. Gates, Case No. 2:07cv0101, which is

also pending in this district. Mr. Harrison did sign this complaint but would not have

done so in the absence of co-counsel admitted to practice before this district who also

signed the complaint. Attorney Rudolph Savich of Bloomington, Indiana and Attorney

Richard Condit of Washington, D.C. are co-counsel in that case and both are admitted in

this dictrict. Counsel Harrison is filing his motion to appear pro hac vice in that case the

week of filing the instant response in the above captioned matter. The delay in filing

counsel Harrison's motion for pro hac vice admission in the Sierra Club matter, in which

case counsel also intended to file his motion as soon as possible, was the result of the

same circumstances described above, including counsel's demanding public interest case

load, his family illnesses, and the difficulty of attempting to transition from a national

practice to an Indiana based practice in the absence of substantial financial resources.

These circumstances logically would have affected either both cases or neither.

The Court's Order to Show Cause also makes note that counsel Harrison had not

filed a motion to appear pro hac vice in the underlying State action that was removed to

this court. Although the circumstances described above caused counsel's intial delay in

filing for admission in that case, upon review of the applicable Indiana rules, it appeared

to counsel Harrison that he would no longer be eligible for pro hac vice admission in

Case 1:06-cv-01770-JDT-TAB Document 41 Filed 06/11/2007 Page 12 of 17

Indiana once he determined to maintain a residence in the State of Indiana. Thus,

counsel Harrison was and is in the process of applying for admission to the Indiana Bar

on foreign license. Although the need for that admission in the underlying case was

mooted by the removal to this Court, counsel Harrison still intends to proceed with that

admission because of his change in professional plans to now be based in Indiana. This

change affects one other Indiana state court case in which counsel Harrison was admitted

pro hac vice five years ago in which counsel represents the Indiana Forest Alliance in a

suit against the State Department of Natural Resources.


It appears from past practice in the federal courts in Indiana and in the Seventh

Circuit, that a disciplinary proceeding is not initiated when an attorney is first discovered

to have failed to promptly file a motion for pro hac vice admission. This appears to be so

even when that attorney is sole counsel for a party, unlike here. It appears that the

practice is that before a disciplinary proceeding is initated or a sanction issued, the

attorney is provided a direction from the court to promptly file their motion for

admission. See, e.g., Allen v. International Truck and Engine, No. 1:02-cv-0902-RLY-

TAB, slip op. at note 12 (S.D.Ind. 09/06/2006). In Allen, a case where sanctions were

eventually issued against certain counsel based on later substantial misrepresentations to

the court, the court noted in footnote 12 of the opinion that earlier in the case other

counsel for the same or an aligned party had apparently participated in depositions

without being admitted and had misrepresented in open court that their motions for

admittance pro hac vice had been filed when the motions had not been filed.

Case 1:06-cv-01770-JDT-TAB Document 41 Filed 06/11/2007 Page 13 of 17

Littler Mendelson attorneys were not the only counsel guilty of incorrect
statements. Incredibly, deposition counsel for Boardman and Parsons
incorrectly portrayed the status of their pro hac vice motions. Both separately represented
in open court that pro hac vice motions had been filed on their behalf when in fact none
had been filed. These motions were filed only after the Court directly confronted counsel
on this matter.

Id. In Allen, apparently the Court directly confronted the attorneys in question, after the

attorneys had misrepresented they had filed their motions to be admitted, and directed the

filing of those motions, rather than initiating a disciplinary proceeding. One presumes

such a proceeding would have been initiated if counsel had disregarded the court's

instruction. Also see, Garb-Ko, Inc. v. Prough, No. 1:06-cv-1715-DFH-WTL (S.D.Ind.

04/11/2007), a case in which a party appearing to litigate the case pro se actually had

assistance of counsel. The court gave the unannounced counsel direction to file their

motion to be admitted and did not immediately initiated a disciplinary proceeding. And

see, Issa v. Priority Transportation, LLC, No. 1:05-CV-394-TS (N.D.Ind. 02/07/2006), a

case in which counsel that had removed a state case to federal court, as here, without

being first admitted pro hac vice wree not disciplined and the removal filing was

considered cured by a pro hac vice filing after the fact.

A Seventh Circuit case also reflects the practice that a sanction may well be

called for when counsel disregards an order that counsel who have not filed for admission

promptly do so, but no disciplinary proceeding is initiated prior to the court confronting

counsel with the failure and counsel disregarding the court's direction.

The original complaint failed to seek any relief on behalf of Mr. Chada.
Consequently, defendant Offinger moved to dismiss that plaintiff from the
action and sought Rule 11 sanctions against plaintiffs' counsel. The
motion for sanctions was treated as moot after plaintiffs filed an amended
complaint. At a status conference held on September 12, 1988, the district
court ordered counsel for the plaintiffs to supply all parties with a copy of

Case 1:06-cv-01770-JDT-TAB Document 41 Filed 06/11/2007 Page 14 of 17

the amended complaint within a week. The court also informed one of the
attorneys representing the plaintiffs that he must seek admission to
practice in the district. Plaintiffs' other counsel was made aware of this
requirement through a letter from the district court.

The amended complaint was not provided in a timely fashion, nor did
either of plaintiffs' counsel seek admission to practice before the local
court. In addition, a number of delays marred the discovery process. For
example, one of plaintiffs' counsel was forty-five minutes late for a
deposition, and counsel canceled the deposition of Mr. Cheung, a resident
of California, three times. Plaintiffs were tardy in filing responses to
interrogatories, thus violating local court rules. Citing "this record of
dilatory actions, or lack of action," the court on February 6, 1989 granted
a motion for discovery sanctions and a motion for expenses incurred in
bringing a motion to compel discovery.*fn2 R.64 at 18. The court ordered
plaintiffs' counsel to pay $750 within thirty days.*fn3 At the same time,
the court scheduled the next status conference for March 6, 1989.

[The District Court] ordered and adjudged that in light of plaintiff's

counsel's continuing failure to comply with Court orders, including
gaining admission to practice in this district, paying sanctions previously
imposed by this Court, failing to pay agreed expenses and failing to attend
Court hearings, and upon motions of all appearing defendants for
dismissal with prejudice and costs, that [the] action be dismissed with
prejudice and with costs. . . .

The district court also based the dismissal and the denial of the motion to
vacate in part on the failure of plaintiffs' counsel to apply for admission to
practice before the district court. In this appeal, appellants' counsel
explained that they believed the court's original order to apply for
admission simply meant that they must be admitted by the time of trial.
This failure by counsel -- even when combined with failure to attend a
single status conference -- may not provide an adequate basis for the
judgment of dismissal. See Gonzalez v. Firestone Tire & Rubber Co., 610
F.2d 241, 247-48 (5th Cir. 1980). On remand, the district court must
determine carefully whether the remainder of this case's litigation history
demonstrated a sufficiently clear record of delay, contumacious conduct,
or failed sanctions to justify the harsh sanction of dismissal. See Del
Carmen, 908 F.2d at 163.

Chada v. Olympia, 929 F.2d 703 (7th Cir. 1991). These cases support counsel Harrison's

position that under the circumstances in the instant case, a disciplinary proceeding is

premature. This is particularly true where as here, counsel has a reputation for ethical

Case 1:06-cv-01770-JDT-TAB Document 41 Filed 06/11/2007 Page 15 of 17

practice and there is no reason to believe that direction and a caution from the court will

not suffice to prevent any future non-compliance.


WHEREFORE, good cause having been shown, counsel Harrison's violations of

L.R. 5.11 being inadvertent and occuring under extenuating circumstances, counsel

Harrison's delay in filing his motion for admission pro hac vice while not good practice

not rising to a violation of a rule, for all the reasons stated in the foregoing statement of

facts and argument, and in consideration of the interests of justice and the public interest,

neither initiatation of a disciplinary proceeding nor issuance of any sanction against

counsel or Plaintiff is warranted in this matter beyond direction that counsel Harrison

maintain strict compliance with the rules of this Court during the remainder of this case.

Respectfully submitted,

/s/ Mick G. Harrison, Esq.

Mick G. Harrison, Esq.
The Caldwell Center
323 S. Walnut
Bloomington, IN 47401
812-323-7274 (voice)
859-321-1586 (cell)
859-986-2695 (fax)

Case 1:06-cv-01770-JDT-TAB Document 41 Filed 06/11/2007 Page 16 of 17


The undersigned hereby certifies that the foregoing response by counsel Harrison
to Order to Show Cause with accompanying declaration was electronically filed and
thereby automatically served on the parties indicated below. Notice of this filing will be
sent to the following parties by operation of the Court’s electronic filing system. Parties
may access this filing through the Court’s system.

Michael P. Roche (admitted pro hac vice)

Aviva Grumet-Morris (admitted pro hac vice)
Winston & Strawn LLP
35 West Wacker Drive
Chicago, Illinois 60601
Tel: (312) 558-5600
Fax: (312) 558-5700

Thomas E. Deer
Locke Reynolds LLP
201 North Illinois Street, Suite 1000
P.O. Box 44961
Indianapolis, IN 46244-0961
Tel: (317) 237-3800
Fax: (317) 237-3900

All done June 11, 2007.

/s/ Mick G. Harrison, Esq.

Mick G. Harrison, Esq.
The Caldwell Center
323 S. Walnut
Bloomington, IN 47401
812-323-7274 (voice)
859-321-1586 (cell)
859-986-2695 (fax)


I, Mick G. Harrison, Esq., hereby declare under penalty of perjury, pursuant to 28
U.S.C. § 1746, that the facts stated in foregoing response to the Court's Order to Show
Cause are true and correct to the best of my knowledge and belief.

Case 1:06-cv-01770-JDT-TAB Document 41 Filed 06/11/2007 Page 17 of 17

/s/ Mick G. Harrison, Esq.

Mick G. Harrison, Esq. Date: 6/11/07
The Caldwell Center
323 S. Walnut
Bloomington, IN 47401
812-323-7274 (voice)
859-321-1586 (cell)
859-986-2695 (fax)