Case 2:10-cv-00048-JFW-CW Document 15-1 Filed 04/20/10 Page 1 of 3

1 LAWRENCE C. YEE (84208)

email: Lawrence.Yee@calbar.ca.gov
2 MARK TORRES-GIL (91597)
email: mark.torresgil@calbar.ca.gov
3 TRACEY L. MCCORMICK (172667)
email: tracey.mccormick@calbar.ca.gov
4 STATE BAR OF CALIFORNIA
OFFICE OF GENERAL COUNSEL
5 180 Howard Street
San Francisco, CA 94105-1639
6 Tel: (415) 538-1639
Fax: (415) 538-2321
7
MICHAEL VON LOEWENFELDT (178665)
8 email: mvl@kerrwagstaffe.com
KERR & WAGSTAFFE LLP
9 100 Spear Street, 18th Floor
San Francisco, CA 94105–1528
10 Telephone: (415) 371-8500
Fax: (415) 371-0500
11
Attorneys for State Bar Defendants
12 STATE BAR OF CALIFORNIA, BOARD
OF GOVERNORS OF THE STATE BAR
13 OF CALIFORNIA, and SCOTT DREXEL
14
UNITED STATES DISTRICT COURT
15 CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
16
RICHARD I. FINE,
17 Case No. CV-10-0048 JFW (CW)
18 Plaintiff, DECLARATION OF TRACEY
McCORMICK IN RESPONSE TO
19 v. ORDER TO SHOW CAUSE RE
DEFAULT
20
STATE BAR OF CALIFORNIA,
21 Honorable Carla Woehrle
BOARD OF GOVERNORS OF THE
22 STATE BAR OF CALIFORNIA, and
SCOTT DREXEL, Chief Trial Counsel
23
of the State Bar of California; and THE
24 SUPREME COURT OF CALIFORNIA
(only as a necessary party);
25

26 Defendants.
27

28
K E R R
––––– & –––––
W A G S T A F F E
LLP CV 10-48-JFW (CW) McCORMICK DECL. ISO RESPONSE TO OSC RE DEFAULT
 Case 2:10-cv-00048-JFW-CW Document 15-1 Filed 04/20/10 Page 2 of 3

1 Declaration of Tracey McCormick

2 I, Tracey McCormick, declare:
3 1. I am currently and at all times mentioned herein have been licensed to
4 practice law and in good standing in the State of California since being admitted to the
5 State Bar in 1994.
6 2. I am currently employed as Assistant General Counsel in the Office of
7 General Counsel of The State Bar of California.
8 3. I have personal knowledge of each fact stated herein and if called upon to
9 testify thereto, I could competently do so.
10 4. I was assigned to respond to the lawsuit brought by Richard Fine on behalf
11 of the State Bar of California, the Board of Governors of the State Bar and the Chief
12 Trial Counsel of the State Bar, U.S.D.C., Case No. 2:10-cv-00048. I erroneously
13 calculated a response due date of March 19, 2010 and placed that date on my calendar.
14 5. During the week of March 8, 2010, I drafted a Notice of Motion and
15 Motion to Dismiss Fine’s lawsuit. On March 11, 2010, I emailed my secretary two
16 separate draft documents for her to format and file--a Notice of Motion and a Motion to

17 Dismiss in this case, as well as other documents that were to be filed in another matter

18 the following week.

6. On Monday, March 15, 2010, I received an ECF filing notification in this
19
matter, which I opened and viewed around 11:00 a.m. The docket report for document
20
number 8 read “Notice of Motion and Motion.” I did not notice that only the Notice had
21
been filed and that the actual Motion itself, with points and authorities, had not been
22
filed. I forwarded the ECF filing notification to my secretary at 11:11 a.m. and thanked
23
her for her assistance.
24
7. On March 17, 2010, I received an ECF filing notification indicating that
25 Richard Fine had requested entry of the State Bar Defendants’ default. This was the first
26 indication I had that the Motion had not been filed and I was shocked and deeply
27 concerned over my failure to catch this error. I immediately sought the assistance of
28 outside counsel and began work on an amended motion, which my research indicated
K E R R
––––– & ––––– 1
W A G S T A F F E
LLP CV 10-48-JFW(CW) McCORMICK DECL. ISO RESPONSE TO OSC RE DEFAULT
Case 2:10-cv-00048-JFW-CW Document 15-1 Filed 04/20/10 Page 3 of 3