~TEDSTATESSENATECOMMITTEE ON THE JUDICIARY

QUESTIONNAIRE FOR NON-JUDICIAL NOMINEES

PUBLIC

1. Name: State full name (include any former names used).

Timothy Quay Purdon.

I was formerly known as Timothy Quay Brademeyer. Following my parent's divorce, Iwas adopted by my stepfather at age 16.

2. Position: State the position for which you have been nominated.

United States Attorney for the District of North Dakota.

3. Address: List current office address. If city and state of residence differs from yourplace of employment, please list the city and state where you currently reside.

Vogel Law Firm200 North Third Street, Suite 201P.O. Box 2097Bismarck, North Dakota 58502-2097

4. Birthplace: State date and place of birth.

1968; Oakes, North Dakota

5. Education: List in reverse chronological order each college, law school, or any otherinstitution of higher education attended and indicate for each the dates of attendance,whether a degree was received, and the date each degree was received.

Hamline University School of LawSt. Paul, MinnesotaAttended: September 1991-May 1994Degree Awarded: J.D., May 1994

Moorhead State UniversityMoorhead, MinnesotaAttended: September 1989 - May 1991Degree Awarded: B.A, English, May 1991

North Dakota State College of ScienceWahpeton, North DakotaAttended: September 1987 - May 1989Degree Awarded: AA, Liberal Arts, May 1989

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6. Emnlovment Record: List in reverse chronological order all governmental agencies,business or professional corporations, companies, firms, or other enterprises,partnerships, institutions or organizations, non-profit or otherwise, with which you havebeen affiliated as an officer, director, partner, proprietor, or employee since graduationfrom college, whether or not you received payment for your services. Include the nameand address of the employer and job title or description.

May 2005 to PresentVogel Law Firm200 North Third Street, Suite 201P.O. Box 2097Bismarck, North Dakota 58502-2097I joined the Vogel Law Firm as an associate in May 2005 and was made a partner onJanuary 1,2006.

February 2006 to February 4,2010North Dakota Democratic-NPL Party1902 E. Divide AvenueBismarck, North Dakota 58501I served on the Executive Committee of the North Dakota Democratic-NPL Partyfrom February 2006 to February 4, 2010.

June 1996 to May 2005Dickson & Purdon107 West MainBismarck, North Dakota 58501I joined the Dickson Law Office in 1996 as an associate. I became a partner in 2001 andthe name of the firm was changed to Dickson& Purdon.

September 1995 to June 1996Olson & CichyBismarck, North Dakota (This firm no longer exists.)Associate

September 1994 to September 1995The Honorable Bruce M. VanSickle (deceased)Senior Judge, U.S. District Court, District of North Dakota220 East RosserBismarck, North Dakota 58501Law Clerk

May 1993 to August 1993Briggs & MorganW2200 First National Bank Building332 Minnesota StreetSt. Paul, Minnesota 55101Summer Associate

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May 1992 to August 1992Jeffries Olson& Flom1202 27th St. SouthFargo, North Dakota 58103Summer Associate

May 1991 to August 1991Moorhead Country Club2101 River Drive NorthMoorhead, Minnesota 56560Grounds Crew

7. Militarv Service and Draft Status: Identify any service in the U.S. Military, includingdates of service, branch of service, rank or rate, serial number (if different from socialsecurity number) and type of discharge received, and whether you have registered forselective service.

I have not served in the U.S. Military. I have registered for the selective service.

8. Honors and Awards: List any scholarships, fellowships, honorary degrees, academic orprofessional honors, honorary society memberships, military awards, and any otherspecial recognition for outstanding service or achievement.

Named Great Plains "Super Lawyer" by Minnesota Law& Politics Magazine,2007 and 2009J.D. Degree from Hamline University School of Law was awardedCum LaudeSilver Gavel Honor Society, Hamline University School of LawLaw Review, Hamline University School of LawPresidential Scholarship, Hamline University School of LawB.A. Degree from Moorhead State University was awardedSumma Cum Laude

9. Bar Associations: List all bar associations or legal or judicial-related committees,selection panels or conferences of which you are or have been a member, and give thetitles and dates of any offices which you have held in such groups.

State Bar Association of North Dakota, 1995 to PresentMinnesota State Bar Association, 1995 to PresentState Bar of Montana, 2001 to PresentState Bar Association of North Dakota's Pattern Jury Instruction Commission, 2000-2007(Chairperson, 2003 - 2004)State Bar Association of North Dakota's Volunteer Lawyers Committee, 1998-1999State Bar Association of North Dakota's Federal Practice Committee, 1999 to PresentUnited States Court of Appeals for the Eighth Circuit, Program Committee for the 8thCircuit Judicial Conference, 2005 and 2007United States District Court, District of North Dakota, United States Magistrate JudgeSelection Committee, 2004United States District Court, District of North Dakota, Criminal Justice Act PanelRepresentative, 2006 to 2010

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United States District Court, District of North Dakota, Criminal Justice Act PanelResource Counsel, 2002 - 2006United States District Court, District of North Dakota, Rules Revision Committee, 2008United States District Court, District of North Dakota, Criminal Justice Act Plan RevisionCommittee, 2009 (Chair)American Association for Justice (formerly American Trial Lawyer's Association), 1994to PresentNorth Dakota Association for Justice (formerly North Dakota Trial Lawyer'sAssociation), 1994 to PresentNational Association of Criminal Defense Lawyers, 1996 to Present

10.Bar and Court Admission:

a. List the date(s) you were admitted to the bar of any state and any lapses inmembership. Please explain the reason for any lapse in membership.

Minnesota, January 12, 1995 to PresentNo lapses in membership.

North Dakota, December 12, 1995 to PresentNo lapses in membership.

Montana, October 24,2001 to PresentNo lapses in membership.

b. List all courts in which you have been admitted to practice, including dates ofadmission and any lapses in membership. Please explain the reason for any lapsein membership. Give the same information for administrative bodies that requirespecial admission to practice.

Minnesota state courts, January 12, 1995 to PresentNo lapses in membership.

North Dakota state courts, December 12, 1995 to PresentNo lapses in membership.

Montana state courts, October 24, 2001 to PresentNo lapses in membership.

United States Supreme CourtDecember 2, 2002 to PresentNo lapses in membership.

United States Court of Appeals for the Eighth CircuitNovember 7, 1997 to PresentNo lapses in membership.

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United States District Court, District of North DakotaNovember 1, 1995 to PresentNo lapses in membership.

United States District Court, Eastern and Western District of ArkansasNovember 10, 1999 to PresentNo lapses in membership.

United States District Court, District of MinnesotaSeptember 7, 2000 to PresentNo lapses in membership.

United States District Court, District of MontanaJanuary 31, 2002 to PresentNo lapses in membership.

11.Memberships:

a. List all professional, business, fraternal, scholarly, civic, charitable, or otherorganizations, other than those listed in response to Questions 9 or 10 to whichyou belong, or to which you have belonged, since graduation from law school.Provide dates of membership or participation, and indicate any office you held.Include clubs, working groups, advisory or editorial boards, panels, committees,conferences, or publications.

North Dakota Democratic-NPL PartyFinancial Membership, 1996 - 2009North Dakota Democratic National Committeeman, 2008 to February 4,2010Treasurer, North Dakota Democratic-NPL Party, February 2006 - February 2009Chair, District 35 Dem-NPL, 2001 - 2003Chair, Bismarck Dems, 2003-2009Delegate, Democratic National Convention, 2000

Missouri Valley YMCA, 2003 to PresentMember

Apple Creek Country Club, 2005 to Present.Member

b. Indicate whether any of these organizations listed in response to l1a abovecurrently discriminate or formerly discriminated on the basis of race, sex, religionor national origin either through formal membership requirements or the practicalimplementation of membership policies. If so, describe any action you have takento change these policies and practices.

No.

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12.Published Writings and Public Statements:

a. List the titles, publishers, and dates of books, articles, reports, letters to the editor,editorial pieces, or other published material you have written or edited, includingmaterial published only on the Internet. Supply four (4) copies of all publishedmaterial to the Committee.

"The North Dakota Statutory Cap on Damages Against a Political Subdivisionand the State Does Not Apply to Claims Made Under 42 U.S.C.§ 1983," NDTLAPleader, Vol. 21, No.2, Sept. 1998

b. Supply four (4) copies of any reports, memoranda or policy statements youprepared or contributed in the preparation of on behalf of any bar association,committee, conference, or organization of which you were or are a member. Ifyou do not have a copy of a report, memorandum or policy statement, give thename and address of the organization that issued it, the date of the document, anda summary of its subject matter.

None.

c. Supply four (4) copies of any testimony, official statements or othercommunications relating, in whole or in part, to matters of public policy or legalinterpretation, that you have issued or provided or that others presented on yourbehalf to public bodies or public officials.

None.

d. Supply four (4) copies, transcripts or recordings of all speeches or talks deliveredby you, including commencement speeches, remarks, lectures, panel discussions,conferences, political speeches, and question-and-answer sessions. Include thedate and place where they were delivered, and readily available press reportsabout the speech or talk. If you do not have a copy of the speech or a transcript orrecording of your remarks, give the name and address of the group before whomthe speech was given, the date ofthe speech, and a summary of its subject matter.If you did not speak from a prepared text, furnish a copy of any outline or notesfrom which you spoke.

Continuing Legal Education Courses:The following courses were Continuing Legal Education courses for lawyers taught byme in North Dakota.

SBAND Fundamentals Series - Criminal Law (1997)Subject: Basic criminal law primer.

SBAND D.U.!. Case Law Update (1999, 2000, 2002, 2005, 2007)Subject: Review of recent case law developments in D.U.!. law.(For 1999 and 2000, no notes, copies, or text are available)

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SBAND Indigent Defense Counsel Seminar (2009)Subject: History and importance of right to indigent counsel.

Federal Practice Seminar - Sentencing Issues in Felon in Possession of Firearm Cases(1999)Subject: Federal firearms law.

SBAND Ethics Review (1999)Subject: Professional ethics.

NDTLA Seminar - Use of Special Needs Trusts in Settlement of Personal Injury Cases(2005)Subject: Special needs trusts in personal injury cases.(no notes, copies, or text are available)

NDTLA Seminar, Panel - Sentencing Guidelines: The Effect of the Booker Decision(2006)Subject: Booker and the U.S.S.G.(no notes, copies, or text are available)

NDTLA Seminar, Case Groundwork for Trial (2007)Subject: Jury Instructions.

Public education seminars:The following were general legal education courses for non-lawyers taught by me inNorth Dakota:

SBAND The People's Law School- Criminal Law (1998, 1999,2000,2001,2008)Subject: Basic criminal law primer.(For 2008, no notes, copies, or text are available)

ND Newspaper Association, -- Helping Reporters Understand Trials (2001)Subject: Trial practice explained to media members.

e. List all interviews you have given to newspapers, magazines or otherpublications, or radio or television stations, providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you.

I have done my best to identify all items called for in this question, including a thoroughreview of my personal files and searches of publically available electronic databases. Ihave located the following:

Bismarck Tribune, Jenny Michael, "Bismarck woman sentenced in infant death case," 12/17/09

Bismarck Tribune, Jenny Michael, "Alford plea entered in infant death," 8/8/09

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Bismarck Tribune, Jenny Michaels, "Glum pleads guilty to manslaughter in newborn's death,"8/7/09

KXMB, Donnell Preskey, "Gennifer Glum - Charges Reduced," 8/7/09

Bismarck Tribune, Jenny Michael, "Glum attempts to suppress statements," 6/24/09

Bismarck Tribune, Jenny Michael, "Deferred sentence given in theft from funeral home," 6/3/09

Bismarck Tribune, Jenny Michael, "Purdon a candidate for U.S. Attorney," 4/29/09

AP, Dave Kolpack, "Judge certifies class action suit in fmes case," 12/23/08

Bismarck Tribune, "Two seek to define class in traffic suit," 12/15/08

AP, Elizabeth Dunbar, "Appeals Court hears hemp case," 11/12/08

AP, "Obama victory likely to end Wrigley's reign," 11/7/08

Bismarck Tribune, "Dems tossing names for ND US Attorney," 11/7/08

USA Today, Donna Leinwand, "N.D. farmers appeal to grow hemp," 11/7/08

Bismarck Tribune, Jenny Michael, "Man sentenced for abuse of 15-year-old," 8/1/08

AP, "Attorney says traffic fines lawsuit should continue," 7/16/08

KXMB, Donnell Preskey, "Obama visits ND," 6/30/08http://video.aol.fr/video-detail/obama-visits-nd/l 05726416

AP, "Fargo to seek dismissal of federal traffic fine lawsuit," 5/30/08

Bismarck Tribune, "Who's the victim? Police look for 'predominant aggressor' in domesticcases," 5/4/08

AP, "Another lawsuit filed over traffic fines," 4/8/08

Fargo Forum, Pat Springer, "Court rules on Fargo traffic fines," 3/26/08

AP, Dave Kolpack, "Supreme Court ruling could affect traffic fines for state," 3/25/08

AP, Farmers file appeal in hemp case, 2/21/08

Bismarck Tribune, Jonathan Rivoli, "Campaigns reach end in the state," 1/31/08

AP, Dale Wetzel, "Edwards withdrawal a shock," 1/30/08

Bismarck Tribune, "Edwards to make visit to North Dakota," 1/27/08

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AP, Dale Wetzel, "John Edwards ND supporters promote caucus prospects," 1/18/08

KFYR, Brandi Powell, "State's top Dems rally around Edwards," 1/17/08

Bismarck Tribune, Jenny Michaels, "Woman labeled 'incapacitated' charged with murder,"12/13/07

AP, "Bismarck woman charged with murder in baby's death," 12/12/07

AP, Dave Kolpack, "Ag plant says it made mistake in pea processing," 12/11/07

Minot Daily News, "Congress should decide on hemp," 11/30/07

The York Dispatch, Blake Nicholson, "Federal judge dismisses farmers' lawsuit over industrialhemp," 11130/07

AP, Blake Nicholson, "Memo spells out hemp conditions for NDSU," 11/29/07

Farm and Ranch Guide, Sue Roesler, "Judge plans to rule on industrial hemp motion by the endof the month," 11123/07

KFYR, Brandi Powell, Hemp Farming Case in Court'"11114/07

Washington Post, Peter Slevin, "Farmers ask federal court to dissociate hemp and pot," 11/12/07

Youtube, Monson v. DEA Press Conference,http://www.youtube.comlwatch?v=OS133nNMAio

Farm and Ranch Guide, Sue Roesler, "North Dakota producers still awaiting court decision onindustrial hemp," 1119/07

USA Today, Donna Leinwand, "ND farmers appeal to grow hemp,"1117/08

AP, "Government: Farmers in hemp lawsuit have weak argument," 10/26/07

AP, Dale Wetzel, "Charges dropped against 2 N.D. workers comp officials," 10/20/07

AP, Dale Wetzel, "Charges dismissed against WSI chief, investigations director," 10/19/07

AP, Dale Wetzel, "Charges dismissed against WSI investigations director," 10/19/07

Green Options, Max Lindberg, "Greening the Golden Years Podcast: Hemp, the North DakotaStory," 10/18/07http://maxlindberg.greenoptions.com/2007/1 0/18/ greening-the-golden- years-podcast-hemp-the-north-dakota-story/

AP, Dale Wetzel, "Edwards picks up ND Democratic endorsements," 10/10/07

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AP, Blake Nicholson, "North Dakota: Farmers in hemp lawsuit ask federal judge for ruling,"9/21/07

Business Insurance, Roberto Ceniceros, "Judge orders trial for two former comp insurer execs,"9/3/07

AP, Dale Wetzel, "Judge orders trial for workers comp director, top investigator," 8/29/07

Bismarck Tribune, Richard Hinton, "Lodge Owners sign plea agreement," 8/29/07

AP, Blake Nicholson, "Government wants hemp lawsuit thrown out," 8/22/07

Bismarck Tribune, Jenny Michael, 8/9/07

KXMB, Donnell Preskey, "Attorneys talk about the deliberation process," 7/11/07

AP, Dave Kolpack, "Judge sends traffic fine issue to ND Supreme Court," 6/28/07

Bismarck Tribune, "N.D. at center of national hemp fight," 6/22/07

AP, James MacPherson, "Farmers sue feds to grow hemp," 6/19/07

Industrial Hemp USA, Audio Interview, 6/18/07http://industrialhempusa.orgIND .html

KXMB, Donnell Preskey, "Two men file lawsuit to grow hemp," 6/18/07

PR Newswire, "North Dakota Farmers File Lawsuit Against DEA to Grow Industrial Hemp,"6/18/07

AP, James MacPherson, "Farmers file federal lawsuit to allow them to grow hemp," 6/18/07

Prairie Public Radio, David Thompson, "Industrial hemp dispute goes to federal court," 6/18/07

.AP, "Workers comp officials appear in court on felony charges," 5/30/07

Bismarck Tribune, Lauren Donovan, 5/20/07

Business Insurance, Roberto Ceniceros, "State comp executive faces felony charges; Prosecutoralleges insurer funds misused in North Dakota," 4/23/07

Bismarck Tribune, Crystal r. Reid, "WSI executive director charged," 4/19/07

AP, Blake Nicholson, "North Dakota workers comp director, investigator face charges," 4/19/07

Bismarck Tribune, Crystal Reid, "Two WSI employees charged," 4/17/07

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Fargo Forum, Steve Wagner, "Class -action status sought in ticket suit," 2/2/07

AP, Dave Kolpack, "Woman sues Fargo over traffic fines," 2/1/07

AP, "Former vice presidential candidate visiting ND," 6/19/06

Bismarck Tribune, Richard Hinton, 2/1/06

AP, "Georgia guide loses hunting privileges for 12 years," 1/5/06

AP, "North Dakota Legal aid gets donation from insurance lawsuit," 7/17/05

AP, Dave Kolpack, "State penitentiary tries to accommodate disabled prisoners," 2/26/05

AP, Blake Nicholson, "Ellendale man pleads guilty to manslaughter," 12/9/04

AP, Dale Wetzel, "Supreme Court affirms dismissal of lawsuit over Bismarck slayings," 9/23/04

AP, Dale Wetzel, "Tobacco company seeking ND appeals bond limit," 8/22/04

Bismarck Tribune, Mike Albrecht, "Bismarck man pleads guilty in crash that killed two,"6/24/04

Bismarck Tribune, Deena Winter, "Bismarck Democrats to convene," 2/28/04

Bismarck Tribune, Deena Winter, "Democrats happy with N.D. turnout," 2/3/04

Bismarck Tribune, Deena Winter, "Caucus hard to call," 2/1/04

Star Tribune, Sharon Schmickle, "ND escapes frenzy in race for delegates," 1/30/04

Bismarck Tribune, Dale Wetzel, "Race heats up as ND caucuses approach," 1/25/04

Bismarck Tribune, Dale Wetzel, "Political pace quickens as ND presidential caucuses approach,"1/24/04

AP, Dale Wetzel, "Backers of Edwards, Kerry expect more North Dakota campaigning," 1/20/04

Bismarck Tribune, Mike Albrecht, "Jury trials popular in court here," 8/21/03

Aberdeen American News, Scott Waltman, "Innocent Plea in Murder Case," 7/4/03

AP, "Initial hearing set for accused killer," 5/30/03

Aberdeen American News, Rashae Ophus, "ND Man appears in court," 5/23/03

Bismarck Tribune, Mike Albrecht, "Man sentenced to two months for luring minor," 7/11/02

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Bismarck Tribune, Dale Wetzel, "Mandan couple fights Measure 2," 6/9/02

Bismarck Tribune, Dale Wetzel, "Lawyer blames Texas officials in the murders ofErickstads,"2/27/02

Direct, Patricia Odell, "Time's Up for Banks," 5/1/01

LA Times, Dana Parsons, "Convention 2000/The Democratic Convention," 8/13/00

Bismarck Tribune, Dale Wetzel, "Delegates like Gore's selection," 8/8/00

Bismarck Tribune, Rebecca Lentz, "Athletes appeal," 1/28/97

13.Public Office, Political Activities and Affiliations:

a. List chronologically any public offices you have held, other than judicial offices,including the terms of service and whether such positions were elected orappointed. If appointed, please include the name of the individual who appointedyou. Also, state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office.

None.

b. List all memberships and offices held in and services rendered, whethercompensated or not, to any political party or election committee. If you have everheld a position or played a role in a political campaign, identify the particulars ofthe campaign, including the candidate, dates of the campaign, your title andresponsibilities.

Political Party Offices:North Dakota Democratic National Committeeman, 2008 to February 4,2010Treasurer, North Dakota Democratic-NPL Party, February 2006 - February 2009Treasurer, NoDak PAC, 2006 - 2009Chair, District 35 Dem-NPL, 2001- 2003Chair, Bismarck Dems, 2003-2009Delegate, Democratic National Convention, 2000

Political Campaign Positions:Obama for America, 2008State Counsel for North DakotaI advised the campaign on voter protection issues in North Dakota in the generalelection. I organized a team of North Dakota attorneys to support the campaign'svoter protection efforts in the general election.

Edwards for President, 2008State Advisor, North Dakota

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I worked to secure endorsements and support for the campaign in the build up tothe February 2008 caucuses in North Dakota. I provided general political adviceand spoke on behalf of the candidate.

Edwards for President, 2004Co-Chair, North DakotaI worked to secure endorsements and support for the campaign in the build up tothe February 2004 caucuses in North Dakota. I provided general political adviceand spoke on behalf of the candidate.

14.Legal Career: Answer each part separately.

a. Describe chronologically your law practice and legal experience after graduationfrom law school including:

1. whether you served as clerk to a judge, and if so, the name of the judge,the court and the dates of the period you were a clerk;

I was a law clerk to the Honorable Bruce M. Van Sickle, Senior Judge,United States District Court, District of North Dakota. I served in thiscapacity from September 1994 to September 1995

11. whether you practiced alone, and if so, the addresses and dates;

I have never practiced alone.

111. the dates, names and addresses of law firms or offices, companies orgovernmental agencies with which you have been affiliated, and the natureof your affiliation with each.

May 1992 to August 1992Jeffries Olson& Flom1202 27th Street SouthFargo, North Dakota 58103Summer Associate

May 1993 to August 1993Briggs & MorganW2200 First National Bank Building332 Minnesota StreetSt. Paul, Minnesota 55101Summer Associate

September 1995 to June 1996Olson & Cichy (This firm no longer exists.)Bismarck, North DakotaAssociate

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June 1996 to May 2005Dickson & Purdon107 West MainBismarck, North Dakota 58501I joined the Dickson Law Office in 1996 as an associate. I became apartner in 2001 and the name of the firm was changed to Dickson&Purdon

May 2005 to PresentVogel Law Firm200 North Third Street, Suite 201P.O. Box 2097Bismarck, North Dakota 58502-2097I joined the Vogel Law Firm as an associate in May 2005 and was made apartner on January 1,2006.

IV. whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and, if so, a description of the 10 most significantmatters with which you were involved in that capacity.

I have not served as a mediator or arbitrator.

b. Describe:

1. the general character of your law practice and indicate by date when itscharacter has changed over the years.

I worked as a law clerk to the Honorable Bruce M. VanSickle in theUnited States District Court from September 1994 to September 1995. Inthis capacity, I provided assistance in the researching and drafting offederal court. orders and jury instructions. I attended court hearings,including bench trials and jury trials.

After completing my clerkship, I joined the firm of Olson& Cichy. Forthe first few months in that position I provided associate support for apartner who was litigating a complex administrative proceeding. InDecember of 1995, I began a more general practice at Olson& Cichywhich involved associate support in various civil litigation matters andhandling my own files as a primary attorney. The files on which I wasprimary attorney included serving as a court appointed attorney forindigent criminal defendants in state and federal courts.

In June of 1996, I joined the Dickson Law Office as an associate. Duringthis period, I spent about a third of my time providing associate support tothe firm's principal, Thomas Dickson. I also began to build my ownpractice. Approximately two thirds of my time was spent handling fileson which I was the primary attorney. These files included civil personalinjury and criminal defense cases. I became a partner in 2001 and the

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name of the fIrm was changed to Dickson& Purdon. My practicecontinued to focus on civil and criminal litigation. Most of my time wasspent handling fIles in which I was the primary attorney. I was involvedin a wide range of litigation in state and federal courts including criminalcases ranging from misdemeanors to felonies, and civil cases involvingpersonal injury, civil rights, and consumer fraud class actions.

In May of2005, I joined the Vogel Law Firm as an associate and I wasmade a partner on January 1,2006. My practice continues to focus oncivil and criminal litigation. My practice at the Vogel Law Firm is verysimilar to my practice as a partner at Dickson& Purdon, except I now alsohandle commercial litigation cases.

11. your typical clients and the areas at each period of your legal career, ifany, in which you have specialized.

My typical clients are persons who have been charged criminally or whoare parties to civil litigation in state and federal courts. I have specializedin litigation and trial work throughout my career.

c. Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently, occasionally, or not at all. If the frequency ofyour appearances in court varied, describe such variance, providing dates.

Approximately 99% of my practice is litigation related. I appear in court ona weekly basis and have tried numerous criminal, civil, and administrativematters.

1. Indicate the percentage of your practice in:1. federal courts; 40%2. state courts of record; 55%3. other courts;4. administrative agencies 5%

11. Indicate the percentage of your practice in:1. civil proceedings; 50%2. criminal proceedings. 50%

d. State the number of cases in courts of record, including cases beforeadministrative law judges, you tried to verdict, judgment or fInal decision (ratherthan settled), indicating whether you were sole counsel, chief counsel, or associatecounsel.

I have tried over 40 jury trials. These include criminal and civil cases. In at least95% of these, I was sole or chief counsel. I have tried a handful of bench trials,the vast majority as sole or chief counsel. I have handled dozens of contestedadministrative hearings, all as sole or chief counsel

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1. What percentage of these trials were:1. jury; 35%2. non-jury. 65% (primarily contested administrative hearings)

e. Describe your practice, if any, before the Supreme Court of the United States.Supply four (4) copies of any briefs, amicus or otherwise, and, if applicable, anyoral argument transcripts before the Supreme Court in connection with yourpractice.

I have not practiced before the Supreme Court of the United States.

15.Litigation: Describe the ten (10) most significant litigated matters which you personallyhandled, whether or not you were the attorney of record. Give the citations, if the caseswere reported, and the docket number and date if unreported. Give a capsule summary ofthe substance of each case. Identify the party or parties whom you represented; describein detail the nature of your participation in the litigation and the final disposition of thecase. Also state as to each case:

a. the date of representation;

b. the name of the court and the name of the judge or judges before whom the casewas litigated; and

c. the individual name, addresses, and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties.

1. Rose v. United Equitable Ins. Co., County ofCass, East Central Judicial District,State of North Dakota, Civ. No. 09-0-C-2248; 632 N.W.2d 429 (N.D. 2001); 651N.W.2d 683 (N.D. 2002).

Party Represented: Frank Rose and class of similarly situated long term careinsurance consumersNature of Participation: Co-lead counselCourt of Record: North Dakota State Court, East Central Judicial DistrictJudge: Honorable Cynthia Rothe-Seeger

Co-Counsel:Monte L. RognebyVogel Law Firm200 North Third Street, Suite 201P.O. Box 2097Bismarck, North Dakota 58502-2097(701) 258-7899

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Defense Counsel:Honorable Daniel J. CrothersJustice, North Dakota Supreme Court600 East Boulevard AvenueBismarck, North Dakota 58505(701) 328-2221

Capsule Summary: Plaintiff Frank Rose sued United Equitable Insurance Companyand Standard Life and Accident Insurance Company for fraud. Plaintiffs alleged thatthe defendant insurance companies fraudulently developed and marketed long termcare insurance policies to elderly North Dakotans. Plaintiffs contended that thepolices were under priced in order to capture market share and that the defendantinsurance companies fraudulently failed to disclose a scheme to subsequently raisepremiums in order to force policy holders to drop their polices. A litigation classaction was certified. The case settled on the eve of trial and a settlement class of8,000 was approved. The Rose case and a prior similar case in which I acted asassociate counsel, Hanson v. Acceleration Life Ins. Co., No.CN A3-97-152, 1999WL 33283345 (D.N.D. Mar. 16 1999); 2000 WL 33340298 (D.N.D. June 21,2000),resulted in the National Association of Insurance Commissioner promulgating newuniform rules aimed at ending the fraudulent insurance practices at issue.

Final Disposition: Class action case was settled and settlement was approved by theCourt.

2. Junkert v. U.S. Bank, County of Cass, East Central Judicial District, State ofNorth Dakota, Civ. No.- 98-01577; In Re U.S. Bank National Association Litigation,United States District Court, District of Minnesota, Civ. No. 99-891

Party Represented: Jane Junkert and class of similarly situated North Dakotacustomers of U.S. BankNature of Participation: Co-lead counselCourt of Record: North Dakota State Court, East Central Judicial DistrictJudge: Honorable Norman Ba~kes

Co-Counsel:Thomas DicksonDickson Law Office107 West MainBismarck, North Dakota 58501(701) 222-4400

Defense Counsel:Richard B. SolumDorsey & WhitneyPillsbury Center SouthMinneapolis, Minnesota 55401(612) 340-8871

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Capsule Summary: Plaintiff Jane Junkert sued U.S. Bank alleging that the bank hadviolated North Dakota statutes by releasing her confidential customer information to athird party. The third party, an insurance company, then used this confidentialinformation to telemarket accidental death insurance to Ms. Junkert. Followingcertification of a litigation class in the North Dakota case, the Minnesota AttorneyGeneral sued U.S. Bank in Minnesota for the same conduct. This spawned a series ofclass action cases that were eventually consolidated in Minnesota. In Re U.S. BankNational Association Litigation, United States District Court, District of Minnesota,Civ. No. 99-891. These cases eventually reached a national settlement. However,due to the prior certification of a litigation class in North Dakota, a North Dakota sub-class was carved out of the national settlement and settled jointly, on terms morefavorable to the North Dakota class, in state court in North Dakota and federal courtin Minnesota. 50,000 plus class members received compensation from the settlement.

Final Disposition: Class action case was settled and settlement was approved by theCourts.

3. Sauby v. City of Fargo, United States District Court, District of North Dakota,Civ. No. 3:07-CV-0010 RSW-KKK; Saubyv. City of Fargo, 747N.W.2d 65 (2007).

Party Represented: Stephanie Sauby, James Bums and class of similar situated driverswho were assessed illegal fees for non-criminal traffic offenses by the City of Fargo.Nature of Participation: Lead counselCourt of Record: United States District Court, District of North DakotaJudge: Honorable Rodney Webb; Honorable Ralph Erickson; Honorable Karen Klein

Co-Counsel:Monte L. RognebyVogel Law Firm200 North Third Street, Suite 201P.O. Box 2097Bismarck, North Dakota 58502-2097(701) 258-7899

Defense Counsel:John BakerGreene Espel200 South Sixth Street, Suite 1200Minneapolis, Minnesota 55402(612) 373-0830

Capsule Summary: Plaintiff Stephanie Sauby sued the City of Fargo under 42 U.S.C.§ 1983 alleging that the City of Fargo had violated her federal constitutional rights byassessing her fees for non-criminal traffic offenses that exceeded those allowed bystate law. The City argued that its home rule charter allowed them to charge suchfees. On a certified question to the North Dakota Supreme Court, the court agreed

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with the plaintiffs. 747 N.W.2d 65 (2007). A litigation class of over 53,000 peoplewas certified. The case settled in mediation.

Final Disposition: Class action case was settled and settlement was approved by theCourt.

4. Kreidt v. Burlington Northern, County of Morton, South Central Judicial District,State of North Dakota, Case No. 30-98-C-1301; 615 N.W.2d 153 (N.D. 2000)

Party Represented: Tim KreidtNature of Participation: Lead counselCourt of Record: North Dakota State Court, South Central Judicial DistrictJudge: Honorable James Vukelic

Defense Counsel:James HillZuger Kirmis & Smith316 North 5th StreetBismarck, North Dakota 58502(701) 2232711

Capsule Summary: Plaintiff Tim Kreidt was severely injured in a twenty-plus carpile up that occurred in white out conditions west of Bismarck on Interstate 94. Mr.Kreidt's injuries included severing three out of four ligaments in both of his kneesand severe frost bite. Plaintiff sued the drivers of the two vehicles (a BurlingtonNorthern Company truck and a passenger car) that had stopped in the lanes of trafficin front of Mr. Kreidt and, plaintiff argued, caused the pile up. A three day jury trialwas held which resulted in a plaintiff s verdict in excess of $200,000. An appeal tothe North Dakota Supreme Court by Defendant Burlington Northern followed. 615N.W.2d 153 (N.D. 2000)

Final Disposition: The verdict was upheld on appeal.

5. Monson v. Drug Enforcement Administration, et aI., United States District Court,District of North Dakota, Civ. No. 4:07-cv-00042; United States Court of Appeals forthe Eighth Circuit, No. 07-3837

Party Represented: David Monson and Wayne HaugeNature of Participation: Co-counselCourt of Record: United States District Court, District of~orth DakotaJudge: Honorable Daniel Hovland

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Co-Counsel:Joseph E. SandlerSandler Reiff& Young50 E Street SE #30Washington~ DC 20003(202) 479-1111

Defense Counsel:District Court:Wendy M. ErtmerFederal Programs BranchU.S. Department of Justice, Civil Division20 Massachusetts Avenue NW, Room 7218Washington, DC 20530(202) 616-7420

Eighth Circuit:Dana J. MartinAppellate StaffCivil Division Room 7246U.S. Department of Justice950 Pennsylvania Avenue NWWashington, DC 20530(202) 514-5377

Capsule Summary: Plaintiffs Representative David Monson and Wayne Hauge areNorth Dakota farmers who desire to grow industrial hemp. Representative Monson(R-District 10) is the Speaker of the North Dakota House of Representatives. NorthDakota statutes specifically allow for the farming of industrial hemp in North Dakotaunder a license issued by the North Dakota Department of Agriculture. N.D.C.C.Chap. 4-41. Further, North Dakota statutes provides that a license from United StateDrug Enforcement Administration ("D.E.A.) is not required in order for the NorthDakota Department of Agriculture to issue a license. N.D.C.C. § 4-41-02. However,industrial hemp is a form of cannabis and cannabis is regulated by the ControlledSubstances Act, 21 U.S.C. §§ 801et seq("CSA"). D.E.A. argues that a D.E.A.license is required before industrial hemp can be grown. In 2007, Monson and Haugesued the D.E.A. seeking a declaratory judgment from the United States District Court,District of North Dakota, that their proposed farming of industrial hemp under NorthDakota's statutory scheme did not violate the CSA. The parties' arguments includedcomplex statutory and constitutional issues. North Dakota State University, thestate's agricultural research university, filed anamicus brief in support of the twofarmers. During the pendency ofthe case, the D.E.A. acted on North Dakota StateUniversity's application for a D.E.A.license to grow hemp for research. Thisapplication had been pending for eight years without D.E.A. action prior to the filingof this lawsuit. The United States District Court granted the D.E.A.'s motion todismiss, which was affirmed by the United States Court of Appeals for the EighthCircuit.

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Final Disposition: This case was dismissed by the Court.

6. Howes v. Kelly Services, County of Burleigh, South Central Judicial District,State of North Dakota, Case No. 09-99-C-1636; 649 N.W.2d 218 (N.D. 2002); 654N.W.2d 422 (N.D. 2002).

Party Represented: Mike HowesNature of Participation: Co-counselCourt of Record: North Dakota State Court, South Central Judicial DistrictJudge: Honorable Thomas Schneider

Co-Counsel:Thomas DicksonDickson Law Office107 West MainBismarck, North Dakota 58501(701) 222-4400

Defense Counsel:Jerome C. Kettleson314 East Thayer AvenueBismarck, North Dakota 58502(701) 223-2890

Capsule Summary: Plaintiff Mike Howes was injured at work when a temporaryworker employed by Kelly Services pushed a large tractor tire off a tall stack of tiresonto Mr. Howes' head. Mr. Howes was severely injured and had several backsurgeries including a spinal fusion. The case was a simplerespondeat superiornegligence case. A three day jury trial was held. I tried the case with my partnerThomas Dickson and the jury returned a verdict in excess of $1,000,000. However,the District Court granted Defendant Kelly Service's Motion for JNOV and entered ajudgment of no liability in favor of Defendant Kelly Services. I briefed and arguedthe appeal and on appeal, the North Dakota Supreme Court reversed the DistrictCourt's JNOV and remanded for a new trial. The case settled before re-trial.

Final Disposition: Case settled on remand for new trial.

7. State v. Gennifer Glum, County of Burleigh, South Central Judicial District, Stateof North Dakota, Case No. 08-07-K-2741.

Party Represented: Gennifer GlumNature of Participation: Lead counselCourt of Record: North Dakota State Court, South Central Judicial DistrictJudge: Honorable Thomas Schneider

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State's Attorney:Cynthia FelandAssistant State's AttorneyBurleigh County State's Attorney514 East ThayerBismarck, North Dakota 58501(701) 222-6672

Capsule Summary: Ms. Glum was charge with murder in the death of her newborndaughter in December of 2007. Ms. Glum has an IQ well below the median andsuffers from a variety of mental illnesses. She has had a court-appointed legalguardian for several years. The defense to the charge is that Ms. Glum is not guiltyby reason of lack of criminal culpability due to her low IQ and diagnosed mentalillnesses. The case has involved the litigation of criminal culpability issues throughmultiple psychiatric evaluations. In August 2009, as a result of motion practice,defense expert psychiatrist evaluation, and negotiations, the State agreed to amend thecharge to manslaughter and Ms. Glum pled guilty.

Final Disposition: Ms. Glum was convicted of manslaughter.

8. Hopkins v. North Dakota, County of Stutsman, South East Judicial District, Stateof North Dakota, Case No. 47-0-C-194; 625 N.W.2d 528 (N.D. 2001)

Party Represented: Cornelius Hopkins, Jr.Nature of Participation: Lead counselCourt of Record: North Dakota State Court, South East Judicial DistrictJudge: Honorable John T. Paulson

Defense Counsel:Jean Mullen500 North 9th StreetBismarck, North Dakota 58501(701) 328-3640

Capsule Summary: Plaintiff Cornelius Hopkins, Jr., was an inmate at the NorthDakota Youth Correction Center ("YCC"). While on suicide watch, Cornelius hunghimself in his isolation cell with clothing that had been given to him in violation ofthe YCC's suicide watch policies. As a result of his injuries, Cornelius was severelybrain damaged and remains in a permanent vegetative state. Cornelius' family suedthe State of North Dakota on his behalf alleging claims of negligence and violation ofhis civil rights under 18 U.S.C.§ 1983. Plaintiff claimed that the YCC staffwasimproperly trained in suicide prevention measures and did not follow YCC'sprocedures in the case of Cornelius' suicide watch. The case was originally filed inthe United States District Court, District of North Dakota, but the constitutionalclaims were dismissed. The case was the re-filed in state court. After an appeal tothe North Dakota Supreme Court on a procedural issue was resolved in the plaintiffsfavor, the case was settled.

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Final Disposition: Case settled.

9. Liston v. Burleigh County, United States District Court, District of North Dakota,Case No. 1:97-cv-011.

Party Represented: Shawn ListonNature of Participation: Lead counselCourt of Record: United States District Court, District of North DakotaJudge: Honorable Rodney Webb

Defense Counsel:Honorable Daniel HovlandUnited States District CourtDistrict of North Dakota220 East Rosser AvenueBismarck, North Dakota 58501(701) 530-2320

Capsule Summary: Plaintiff Shawn Liston had been arrested and brought into theBurleigh County Detention Center for detoxification. He was placed in an isolationcell. While so isolated, Mr. Liston, under the influence of street drugs, dove off theraised sink and toilet onto his head a number of times. Detention Center personnelturned on the video recorder camera in the isolation cell and recorded these actions,but took no steps to stop them. Mr. Liston eventually suffered a broken neck and heremains paralyzed from the neck down. Mr. Liston sued Burleigh County in federalcourt bringing claims under 18 U.S.C. § 1983 and for negligence. The 18 U.S.c. §1983 claim alleging violation of Mr. Liston's constitutional rights was necessary tonullify the partial immunity of political subdivisions under North Dakota statuteswhich cap damages for negligence claims against a county at $250,000. After theUntied States District Court held that these partial immunity statutes did not apply tothe 18 U.S.C. § 1983 claims, the case settled.

Final Disposition: Case settled.

10. State v. Romi Leingang, County of Burleigh, South Central Judicial District, Stateof North Dakota, Case No. 08-7-K-791.

Party Represented: Romi LeingangNature of Participation: Lead counselCourt of Record: North Dakota State Court, South Central Judicial DistrictJudge: Honorable Robert Wefald

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State's Attorney:Cynthia FelandAssistant State's AttorneyBurleigh County State's Attorney514 East ThayerBismarck, North Dakota 58501(701) 222-6672

Capsule Summary: Romi Leingang, a licensed peace officer and former stateprobation officer, was charged with conspiracy to disclose confidential information.The charge arose out of Ms. Leingang's employment as the head of the fraudinvestigation unit at North Dakota Workforce Safety and Insurance ("WSI"), a publicagency that provides worker's compensation insurance in North Dakota. The Statealleged that Ms. Leingang and her supervisors at WSI had conspired to releaseconfidential employment information about a former WSI employee as a retaliatorymeasure against that employee. Ms. Leingang argued that her actions in the casewere under orders from WSI's CEO and had been approved by WSI's counsel. Aftermonths of briefing and negotiations, the charge against Ms. Leingang were dismissedby the State.

Final Disposition: Case dismissed.

16.Legal Activities: Describe the most significant legal activities you have pursued,including significant litigation which did not progress to trial or legal matters that did notinvolve litigation. Describe fully the nature of your participation in these activities. Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s).(Note: As to any facts requested in this question, please omit any information protectedby the attorney-client privilege.)

In addition to the cases described above, my criminal practice has been prolific. I haverepresented hundreds of people facing criminal charges in state and federal courts overthe last 14 years. Every one of those cases was extremely significant to the criminaldefendant I represented. I have tried to handle every one of those cases with that in mindand I am proud of the work I have done for these clients.

I do not normally perform lobbying services as part of my practice. However, in 2007, Iregistered with the North Dakota Secretary of State as a lobbyist for Vote Hemp, Inc. Atthat time Vote Hemp, Inc., was contemplating a lawsuit aimed at ensuring DEApermission for two North Dakota farmers to plant industrial hemp as specifically allowedby North Dakota statute. I eventually filed this lawsuit on behalf of the two NorthDakota farmers in June of2007. See Response NO.5 to Question 15, above. During the2007 North Dakota Legislative Session, issues that could potentially impact thecontemplated lawsuit were before the North Dakota Legislature. Vote Hemp, Inc.,contacted me seeking lobbying services. I referred Vote Hemp, Inc., to my partner, JoelGilbertson, who regularly lobbies the North Dakota Legislature. Mr. Gilbertson and Iregistered as lobbyists for Vote Hemp, Inc. My registration was done as a precaution in

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case I would need to appear at any hearings on these issues during the 2007 LegislativeSession. I never actually lobbied anyone in state government on these issues.

17.Teaching: What courses have you taught? For each course, state the title, the institutionat which you taught the course, the years in which you taught the course, and describebriefly the subject matter of the course and the major topics taught. If you have asyllabus of each course, provide four (4) copies to the committee.

None.

18.Deferred Income! Future Benefits: List the sources, amounts and dates of allanticipated receipts from deferred income arrangements, stock, options, uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships, professional services, firm memberships, former employers, clients orcustomers. Describe the arrangements you have made to be compensated in the futurefor any fmancial or business interest.

If I am confirmed, I will resign as a partner in the Vogel Law Firm. Upon myresignation, I will receive payment for my capital account, partnership shares, and thedistribution from a class-action settlement, as detailed in my ethics agreement. I plan toremain vested in the firm's defmed contribution retirement plan and 401K plan butneither I nor the firm will make any additional contributions to them. The only otherfuture benefits I expect to receive are from personal retirement accounts.

19. Outside Commitments During Service: Do you have any plans, commitments, oragreements to pursue outside employment, with or without compensation, during yourservice with the court? If so, explain.

No.

20. Sources of Income: List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year, including all salaries,fees, dividends, interest, gifts, rents, royalties, licensing fees, honoraria, and other itemsexceeding $500 or more (if you prefer to do so, copies of the financial disclosure report,required by the Ethics in Government Act of 1978, may be substituted here).

Final Disclosure Report is attached.

21. Statement of Net Worth: Please complete the attached financial net worth statement indetail (add schedules as called for).

See attached net worth statement.

22. Potential Conflicts of Interest:

a. Identify the family members or other persons, parties, affiliations, pending andcategories of litigation, financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to which

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you have been nominated. Explain how you would address any such conflict if itwere to arise.

In connection with the nomination process, I have consulted with the Office ofGovernmental Ethics and the Department of Justice's designated agency ethicsofficials to identify potential conflicts of interest. Any potential conflicts ofinterest will be resolved in accordance with the terms of an ethics agreements thatI have entered into with the Department's designated agency ethics official.

b. Explain how you will resolve any potential conflict of interest, including theprocedure you will follow in determining these areas of concern.

In the event of a potential conflict of interest, I will consult with ethics officialsfor the Executive Office for United States Attorneys, Department of Justice.

23. Pro Bono Work: An ethical consideration under Canon 2 of the American BarAssociation's Code of Professional Responsibility calls for "every lawyer, regardless ofprofessional prominence or professional workload, to find some time to participate inserving the disadvantaged." Describe what you have done to fulfill these responsibilities,listing specific instances and the amount of time devoted to each. If you are not anattorney, please use this opportunity to report significant charitable and volunteer workyou may have done.

I have provided pro bono legal services to Northern Plains Dance, a non-profit balletcompany and dance studio in Bismarck, North Dakota. This involved handling severaldistinct matters for the non-profit organization and its staff members. I have appearedpro bono on many occasion to speak to high school groups is Bismarck, North Dakotaabout the law and a career as a lawyer. I donated my time pro bono to speak tocommunity members at the People's Law School Seminars detailed in the answer toQuestion #l2d. Finally, throughout my career I have represented indigent criminaldefendants in both state and federal courts. I have done so at an hourly rate far below myregular billable rate.

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AFFIDAVIT

I, Timothy Q. Purdon , do swear

that the information provided in this statement is, to the bestof my knowledge, true and accurate.

J I f I /U(DATE)

~~~ ••••"< ~~!ItII!!!!i!I~ ••• ~

VALERIE A. FEISTNotary Public

~ State of North Dakotal ~!yCommi7sion Expi:e~ May 11, 2014

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