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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION JAMES OBERGEFELL and JOHN ARTHUR, Plaintiffs, vs. JOHN KASICH, et al, Defendants. : : : : : : : : : : : Case No. 1:13-cv-501 Judge Timothy S. Black PLAINTIFFS MOTION FOR ATTORNEY FEES AND EXPENSES AND MEMORANDUM IN SUPPORT

MOTION Plaintiffs pursuant to Local Rule 54.2 and 42 U.S.C. 1988, move for an award of $197,176.50 for reasonable attorneys fees and $13,752.54 in expenses for a grand total of $210,929.04 for the work done on all claims in this case. This Court entered judgment for Plaintiffs and permanently enjoined Defendants 1 from enforcing Ohio Const. Art. XV, 11 and Ohio Rev. Code 3101.01(C) as applied to Plaintiffs. (Judgment Doc. 67). The Court also declared Ohio Const. Art. XV, 11 and Ohio Rev. Code. 3101.01(C) unconstitutional as applied to Plaintiffs. (Declaratory Judgment and Permanent Injunction Doc. 66). Plaintiffs therefore are prevailing parties and as such are entitled to reasonable attorney fees and expenses. The amounts are explained in detail in the memorandum below and in the attached declarations and exhibits. Plaintiffs submit this request for most work done through December 30, 2013.

Since the case has not been finally resolved and is on appeal, Plaintiffs will supplement their
1

Plaintiffs do not seek fees from Defendant Dr. Jones since neither she nor the City defended Article XV, 11 of the Ohio Constitution or Ohio Rev. Code 3101.01(C) because those laws discriminate against same-sex couples. In fact, the City of Cincinnati had proclaimed July 11, 2013 as John Arthur and James Obergefell Day, in recognition of the Plaintiffs marriage. (See, Dr. Jones Memorandum in Response to Motion for Temporary Restraining Order, Doc. 10.)

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requests for attorney fees for the fees expended in further litigation, including the appeal after the appeal is concluded. MEMORANDUM IN SUPPORT Plaintiffs are prevailing parties in this Section 1983 action. Attorney fees and costs are authorized pursuant to 42 U.S.C. 1988, which provides that the Court may award a reasonable attorneys fee to prevailing parties as part of costs. Hensley v. Eckerhart 461 U.S. 424, 103 S.Ct. 1933 (1983) (The standards set forth in this opinion are generally applicable in all cases in which Congress has authorized an award of fees to a prevailing party). For the reasons set forth more fully below, Plaintiffs respectfully submit that the hours expended in this case were reasonable given the difficulty of the case and the importance of the issues. The hourly rates requested by each attorney and staff member are reasonable given their background and experience. I. Standard For Awarding Attorney Fees This Court, in a recent decision, succinctly summarized the purpose of awarding attorney fees in a case like this: Section 1983 is derived from the Civil Rights Act of 1871. Under Section 1983, every person who, under color of law, deprives persons of federal rights is liable for such deprivation. Plaintiffs 1983 claims in this case were brought to enforce the federal rights of equal protection and due process of law, rights that derive from the Fourteenth Amendment of the U.S. Constitution. To encourage private enforcement of federal rights like these, Congress enacted the Civil Rights attorneys Fees Awards Act, 42 U.S.C. 1988. Perdue v. Kenny A., 559 U.S. 542, 550 (2010). That Act provides that [i]n any action or proceeding to enforce a provision of [] 1983 . . . the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorneys fee as part of the costs. 42 U.S.C. 1988(b). Thus, although the general rule in our legal system is that each party must pay its own attorneys fees and expenses, Congress made an exception to this rule to ensure effective access to the judicial process for persons with civil rights grievances. Hensley v. Eckerhart, 461 U.S. 424, 429 (1983).

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Hunter v. Hamilton Cnty. Bd. of Elections, 1:10CV820, 2013 WL 5467751 (S.D. Ohio Sept. 30, 2013) *7. The criteria for the award of attorneys fees are set forth in Blum v. Stevenson, 465 U.S. 886, 104 S.Ct. 1541 (1984), Hensley v. Eckerhart 461 U.S. 424, 103 S.Ct. 1933 (1983), City of Burlington v. Dague, 505 U.S. 557, 112 S.Ct. 2368 (1992), and Northcross v. Bd. of Ed. of Memphis School District, 611 F.2d 624 (6th Cir. 1979) (overruled on other grounds). Once a plaintiff crosses the statutory threshold and is found to be a prevailing party, the plaintiff is entitled to recover attorneys fees for all time reasonably spent on a matter. Northcross, 611 F.2d at 636. To be a prevailing party, a party must succeed on any significant issue in litigation which achieves some of the benefit the parties sought in bringing suit. Phelan v. Bell, 8 F. 3d 369 (6th Cir. 1993). A plaintiff prevails' when actual relief on the merits of his claim materially alters the legal relationship between the parties by modifying the defendant's behavior in a way that directly benefits the plaintiff. Farrar v. Hobby, 506 U.S. 103, 11112 (1992). The Supreme Court in Farrar went on to clarify that [n]o material alteration of the legal relationship between the parties occurs until the plaintiff becomes entitled to enforce a judgment, consent decree, or settlement against the defendant. Id. at 113. The Sixth Circuit accords considerable deference to a district court's determination of whether a plaintiff is a prevailing party because the district court has a ring-side view of the underlying proceedings. McQueary v. Conway, 614 F.3d 591, 604 (6th Cir. 2010). In the case at bar, the Court entered judgment for Plaintiffs; declared that Ohio Const. Art. XV, 11 and Ohio Rev. Code. 3101.01(C) are unconstitutional as applied to Plaintiffs; declared that Ohio Const. Art. XV, 11 and Ohio Rev. Code. 3101.01(C) violate the

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constitutional rights of those same-sex couples married in jurisdictions that authorize same-sex marriage who become clients of Plaintiff Robert Grunn and about whom he reports information regarding their marital status and status as surviving spouses in support of their requests for death certificates; declared that Plaintiff Robert Grunn may report that a decedent married in a state authorizing same-sex marriage is married or widowed and report the name of the decedents surviving same-sex spouse on an Ohio death certificate he completes in the course of his work as a funeral director in Ohio; and permanently enjoined Defendant Dr. Wymyslo, his officers, agents, and employees from enforcing Ohio Const. Art. XV, 11 and Ohio Rev. Code. 3101.01(C), as applied to Plaintiffs. (See Doc. 66 and Doc. 67). For all these reasons, Plaintiffs are prevailing parties entitled to attorney fees and costs. II. The Hours Expended By Plaintiffs Counsel Were Reasonable The Supreme Court has recognized the method for calculating an appropriate award of attorney fees is the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate. Hensley, 461 U.S. at 433. This is known as the Lodestar calculation. The result of this calculation produces an award that roughly approximates the fee that the prevailing party would have received if he or she had been representing a paying client who was billed by the hour in a comparable case. Perdue v. Kenny A., 559 U.S. 542, 551 (2010) (emphasis in the original). The lodestar usually is strongly presumed to yield a reasonable fee. City of Burlington v. Dague, 505 U.S. 557, 562 (1992). A reasonable fee is one which is adequate to attract competent counsel, but does not produce a windfall to attorneys. See Gonter v. Hunt Valve Co., Inc., 510 F.3d 610, 616 (6th Cir. 2007). Hunter v. Hamilton Cnty. Bd. of Elections, 1:10CV820, 2013 WL 5467751 (S.D. Ohio Sept. 30, 2013) *14. The Court should indicate on the record the number of hours it finds the prevailing partys attorneys have expended on the case. This finding must first take into account the affidavits of counsel. The hours claimed need not be automatically accepted by the court, but to 4

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the extent that hours are rejected, the court must indicate some reason for its action. Hours may be cut for duplication, padding or frivolous claims. If a court decides to eliminate hours of service adequately documented by the attorneys, it must identify those hours and articulate its reasons for their elimination. See Northcross, supra. The time spent on this action is reasonable: The question is not whether a party prevailed on a particular motion or whether in hindsight the time expenditure was strictly necessary to obtain the relief achieved. Rather, the standard is whether a reasonable attorney would have believed the work to be reasonably expended in pursuit of success at the point in time when the work was performed. Wooldridge v. Marlene Industries Corp., 898 F.2d 1169, 1177 (6th Cir. 1990) abrogated on other grounds by Buckhannon Bd. & Care Home, Inc. v. W. Va. Dep't of Health & Human Res., 532 U.S. 598 (2001). Under this test, all hours expended in this action by all Plaintiffs attorneys were reasonable. Mr. Gerhardstein, Ms. Branch, and their staff recorded their time contemporaneously with the service. The compilation of attorneys time records from Gerhardstein & Branch Co., LPA is attached to the Gerhardstein Declaration as Exhibit 2. Ms. Meeks hours are attached as Exhibit 1 to Meeks Declaration. Plaintiffs attorneys exercised billing judgment at the time of entry of the times and did not record every minute spent on the case. The hours and work performed are explained in the Declarations. The lead attorney in this case has considerable background, experience, and skill in representing plaintiffs in civil rights cases in federal court. (See Gerhardstein Declaration (Ex. 1). Alphonse A. Gerhardstein is a graduate of the New York University School of Law and has been admitted to practice in Ohio and the federal courts since 1976. He was admitted to practice before the U.S. Supreme Court in 1984. For the past 37 years, most of his practice has been

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devoted to civil rights litigation. He has been counsel or co-counsel on hundreds of civil rights cases filed in the state and federal courts. His current billing rate is $450 per hour. (Gerhardstein Declaration Exhibit 2). Based on Mr. Gerhardsteins background, experience and skill, the hours requested in the fee application have been necessarily expended. The fees requested comport with and are reasonable in light of the factors contained in Ohio Rule of Professional Conduct 1.5 insofar as they accurately reflect the time and labor required in the prosecution of this matter, the difficulty of the questions involved, the skill required to perform the work properly, they comport with the fees customarily charged by others for similar legal services, and they are appropriate in light of the results obtained. III. Calculation of Fees Under 42 U.S.C. 1988 The first step in determining a reasonable fee is to determine the hourly rate to be used. The Supreme Court held that attorneys fees are to be calculated according to the prevailing market rates in the relevant community, regardless of whether plaintiff is represented by private or nonprofit counsel. Blum v. Stevenson, 465 U.S. 886, 895, 104 S.Ct. 1541 (1984). To arrive at a reasonable hourly rate, courts use as a guideline the prevailing market rate, defined as the rate that lawyers of comparable skill and experience can reasonably expect to command within the venue of the court of record. Geier v. Sundquist, 372 F.3d 784, 791 (6th Cir.2004). In determining the reasonable rate, the Court has the discretionary authority to consider a party's submissions, awards in analogous cases, and its own knowledge and experience from handling similar requests for fees. Project Vote, 2009 U.S. Dist. LEXIS 34571, at *5 (citing Johnson v. Connecticut Gen. Life Ins. Co. 2008 LEXIS 24026, at * 14 (N.D.Ohio Mar. 13, 2008)). Ne. Coal. for Homeless v. Brunner, 2:06-CV-896, 2010 WL 4939946 at *7 (S.D. Ohio Nov. 30, 2010). The hourly rates requested by Plaintiffs meet this standard. Plaintiff seeks fees based on an hourly rate of $450 for Alphonse A. Gerhardstein (Admitted 1978), $385 for Jennifer Branch (Admitted 1987), $350 for Lisa Meeks (Admitted 1993), and $225 for Jacklyn Gonzales Martin (Admitted 2010). These rates are consistent with 6

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rates recently found by federal courts to be reasonable for attorneys in the Southern District of Ohio. For example, in Williamson v. Recovery Ltd. Partnership, No. 2:06cv292, 2013 WL 3222428 (S.D. Ohio June 25, 2013), the court awarded a Columbus attorney with experience comparable to Mr. Gerhardsteins at $520 per hour. Mr. Gerhardstein was awarded fees at $400 per hour in the Hunter case, but subsequent to the filing of the fee motion in Hunter in April 2012, Mr. Gerhardstein increased his rate to $450 per hour and has settled cases at that rate since April 2012. Gerhardstein Declaration. Ms. Gonzales Martin has over 3 years of experience. In Williamson, an attorney with comparable experience was awarded $220 per hour. See also Rist v. Hartford Life & Acc. Ins. Co., No. 1:05cv492, 2011 WL 6101633 (S.D. Ohio Nov. 14, 2011) (approving fees of $200 per hour and $225 per hour for Cincinnati attorneys with experience comparable to Ms. Gonzales Martin). Recently Ms. Branchs rate was sua sponte increased from $300 to $385 by the District Court for work done in 2010 through 2012. See Hunter v. Hamilton Cnty. Bd. of Elections, 1:10CV820, 2013 WL 5467751 (S.D. Ohio Sept. 30, 2013) at *17. Having been awarded a rate by another court is one indicia that a rate is reasonable. Ne. Coal. for the Homeless v. Brunner, No. 2:06cv896, 2010 WL 4939946, at *7 (S.D. Ohio Nov. 30, 2010) (In determining the reasonable rate, the Court has the discretionary authority to consider a partys submissions, awards in analogous cases, and its own knowledge and experience from handling similar requests for fees.). Ms. Branchs rate of $385 and Ms. Meeks rate of $350 are comparable to other attorneys in the Cincinnati market with their experience of 26 years to twenty years, respectively. See, U.S.

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ex rel. Ellison, 2010 WL 2854137, at *2 (awarding fees from $425 to $500 per hour for attorneys with between eighteen and twenty-seven years of experience). Additional support for plaintiffs attorneys rates can be found in Judge Rubins 1983 committees determination of reasonable attorney fee rates for the Southern District. Courts in the Southern District still use Judge Rubins rates, adjusting the rates for cost of living at 4% per year. See, Hunter at *17; Georgia-Pacific LLC v. Am. Intern. Specialty Lines Ins. Co., 278 F.R.D. 187, 192 (S.D. Ohio 2010); West v. AK Steel Corp. Ret. Acc. Pension Plan, 657 F. Supp. 2d 914, 932 (S.D. Ohio 2009). Fredericks v. Potter, Case No. 1:06-CV-113, Doc. 123 (S.D. OH 2009), Lee v. Javitch, Block & Rathbone LLP, 568 F. Supp. 2d. 870 (S.D. Ohio 2008) (C. J. Beckwith) (merits decision later reversed); Kindel v. Continental Casualty Co., 2005 WL 1241975 (S.D. Ohio 2005) (C. J. Beckwith). Under Judge Rubins rubric, the rates requested are comparable. The chart below summarizes the current rates compared to Judge Rubins rubric using 1983 rates calculated for 2013 rates, after applying a 4% annual cost-of-living allowance to measure the reasonableness of the fees requested. (Branch Declaration). Applying the Rubin Rate as of 2013, the rates for Ms. Branch and Mr. Gerhardstein would be $415 per hour. Name Al Gerhardstein Jennifer Branch Lisa Meeks Jacklyn Gonzales Martin Paralegals Law Clerk Hourly Year Years in Rubin Rate as Rate Admitted Practice of 2013 $450 1976 37 415 $385 1987 26 415 $350 1993 20 366 $225 2010 3 200 $80-95 122 $85 77

In addition, the market rates in the Cincinnati market are comparable to the rates being charged by Plaintiffs attorneys. Other Cincinnati litigators with similar years of experience as the lead attorneys in this case bill at higher rates: 8

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Attorney Name (date of admission) David Altman (1974) David M. Cook ( 1978) Jim Helmer (1975) Paul Martin (1979) Frederick Morgan, Jr. (1983) Julie Popham (1992) Jennifer Verkamp (1996)

Awarded rate (year of award) $390 (2004) 2 $450 (2008) 3 $420 (2004) 4 $498 (2010) 5 $375 (2004) 6 $500 (2010) 7 $425 (2010) 8 $450 (2010) 9

These Cincinnati market rates are equal to or higher than the rates Plaintiff requests in this case. For additional comparison of court awarded Cincinnati market rates, see West v. AK Steel Corp. Ret. Accumulation Pension Plan, 657 F. Supp. 2d 914, 934 (S.D. Ohio 2009) (approving experienced counsel rates for $351 to $497 in an ERISA case). A decision from the Northern District of Ohio in which the court approved rates ranging from $250 to $450 per hour, depending on each attorney's experience, was affirmed on appeal. Van Horn v. Nationwide Prop. and Cas. Ins. Co., 436 F. App'x 496, 499 (6th Cir.2011). Plaintiffs requested rates are consistent with the rates in the above cases. This court should therefore award Plaintiff attorneys fees as set forth below. FEES Staff Alphonse A. Gerhardstein Jennifer L. Branch Jennifer L. Branch
2

Hours Hourly Rate 234 11.6 20.75 $450 $385 $350

Lodestar $105,300 $4,466 $7,262.50

Opinion and Order awarding fees (Judge Spiegel Aug. 23, 2005) in Unites States of America v. Sierra Club, Case No. C-1-02-107 and affidavit of Helmer in support thereof (Aug. 6, 2004). 3 Bailey v. AK Steel Corp., 2008 WL 553764 (S.D. OH 2008). 4 Opinion and Order awarding fees (Judge Spiegel Aug. 23, 2005) in Unites States of America v. Sierra Club, Case No. C-1-02-107 and affidavit of Helmer in support thereof (Aug. 6, 2004). 5 U.S. ex rel. Ellison v. Visiting Physicians Association, P.C. 2010 WL 2854137 (S.D. OH 2010). 6 Doc. 177, Order granting fees (Judge Black June 1, 2004) in Estate of Roger Owensby, Jr. v. City of Cincinnati (and Doc. 133, Declaration of Paul Martins in support thereof). 7 U.S. ex rel. Ellison v. Visiting Physicians Association, P.C. 2010 WL 2854137 (S.D. OH 2010). 8 U.S. ex rel. Ellison v. Visiting Physicians Association, P.C. 2010 WL 2854137 (S.D. OH 2010). 9 U.S. ex rel. Ellison v. Visiting Physicians Association, P.C. 2010 WL 2854137 (S.D. OH 2010).

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Lisa Meeks Associate Attorney (Jacklyn Gonzales Martin) Law Graduate Paralegal I Paralegal II Law Clerk Total IV. Litigation Costs

10.90 238.30 119.80 3.80 1.40 77.90

$350 $225 $130 $100 $100 $85

$3,815 $53,617.50 $15,574 $380 $140 $6,621.50 $197,176.50

Plaintiffs are entitled to an award of costs for expenses that would normally be billed to fee-paying clients. This includes filing fees, long distance phone, copy costs, deposition and transcript costs. 42 U.S.C. 1988 (b); Northcross, 611 F.2d at 639; See also Fed. R. Civ. P. 54(d)(1) (Unless a federal statute, these rules, or a court order provides otherwise, costsother than attorney's feesshould be allowed to the prevailing party.). Plaintiff has incurred a total of $13,752.54 in expenses related to the case. (See itemized costs on the final page of Exhibit 2 to Gerhardstein Declaration). CONCLUSION Plaintiffs respectfully request they be awarded attorney fees in the amount of $197,176.50 pursuant to 42 U.S.C. 1988. Plaintiffs should be awarded their expenses in the amount of $13,752.54 for a grand total of $210,929.04.

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Respectfully submitted, /s/ Jennifer L. Branch Alphonse A. Gerhardstein # 0032053 Trial Attorney for Plaintiffs Jennifer L. Branch #0038893 Jacklyn Gonzales Martin #0090242 GERHARDSTEIN & BRANCH CO. LPA Attorneys for Plaintiffs 432 Walnut Street, Suite 400 Cincinnati, Ohio 45202 (513) 621-9100 (513) 345-5543 fax agerhardstein@gbfirm.com jbranch@gbfirm.com jgmartin@gbfirm.com Lisa T. Meeks (0062074) Newman & Meeks Co., LPA 215 E. Ninth Street, Suite 650 Cincinnati, OH 45202 phone: 513-639-7000 fax: 513-639-7011 lisameeks@newman-meeks.com Attorneys for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that on FEBRUARY 6, 2014, a copy of the foregoing pleading was filed electronically. Notice of this filing will be sent to all parties for whom counsel has entered an appearance by operation of the Courts electronic filing system. Parties may access this filing through the Courts system. I further certify that a copy of the foregoing pleading and the Notice of Electronic Filing has been served by ordinary U.S. mail upon all parties for whom counsel has not yet entered an appearance electronically. /s/ Jennifer L. Branch Jennifer L. Branch

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION JAMES OBERGEFELL and JOHN ARTHUR, Plaintiffs, vs. JOHN KASICH, et al, Defendants. I, Alphonse A. Gerhardstein, pursuant to 28 U.S.C. 1746, declare under the penalty of perjury that the following is true and correct. 1. I was the lead attorney on this case for Plaintiffs John Arthur, James Obergefell, David Brian Michener, and Robert Grunn. 2. The work done by Ms. Gonzalez Martin, my staff, and me, was necessary work on the case. The staff who worked this case include law clerks, paralegals, associate attorney, and law graduates. Based on my background, experience and skill, the hours requested in the fee application for Gerhardstein & Branch attorneys and staff have been necessarily expended. 3. The fees requested comport with and are reasonable in light of the factors contained in Ohio Rules of Professional Conduct 1.5 insofar as they accurately reflect the time and labor required in the prosecution of this matter, the difficulty of the questions involved, the skill required to perform the work properly, comport with the fees customarily charged by others for similar legal services, and are appropriate in light of the results obtained. : : : : : : : : : : Case No. 1:13-cv-501 Judge Timothy S. Black DECLARATION OF ALPHONSE A GERHARDSTEIN IN SUPPORT OF REQUEST FOR ATTORNEY FEES

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4. I am a graduate of the New York University School of Law and have been admitted to practice in Ohio and the federal courts since 1976. I was admitted to practice before the U.S. Supreme Court in 1984. For the past 37 years, most of my practice has been concentrated in civil rights litigation. I have been counsel or co-counsel on hundreds of civil rights cases filed in the state and federal courts. (See Gerhardstein curriculum vitae attached as Exhibit 1). I have significant experience in many areas of civil rights including police misconduct, employment discrimination, reproductive rights and GLBT rights, including: Barnes v. City of Cincinnati, 401 F.3d 729 (6th Cir. 2005) affirmed $320,000 verdict for transsexual police officer discriminated against in demotion from sergeant. Attorney fees and multiplier award upheld on appeal. Equality Foundation v. City of Cincinnati, 54 F. 3d 261 (6th Cir. 1995) (constitutional challenge to anti-gay City Charter amendment) cert. granted, vacated and remanded, 116 S.Ct. 2519 (1996); 128 F. 3d 289 (6th Cir. 1997) (on remand from the U.S. Supreme Court), cert. denied 525 U.S. 943 (1997). Greenwood v. Taft, Stettinius & Hollister, 1995 WL 540221 (Ohio App. 1 Dist. 1995) (challenge to discharge and disclosure of private information about gay attorney). Glover v. Williamsburg School District, 20 F.Supp.2d 1160 (S.D. Oh. 1998), damage verdict and reinstatement ordered for gay teacher discharged from school 5. My efforts to maintain my expertise in civil rights litigation include service as a frequent presenter at seminars on civil rights and employment law topics. From 1989 - 1992, I served as an adjunct professor at Chase College of Law teaching civil rights litigation. I am the author of two law review articles, False Teeth? Thornburgh's Claim that Turner's Standard for Determining a Prisoner's First Amendment Rights Is Not "Toothless", 17 Northern Kentucky Law Rev. 527 (1990), and A Practitioners Guide to Successful Jury Trials on Behalf of Prisoner-Plaintiffs, 24 Pace Law Review 2

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691 (2004). See also, PLRA Can Affect Private Practitioners Ability to Represent Inmates, February/March 2002 Correctional Law Reporter 68; Private Prison Litigation: The Youngstown Case and Theories of Liability, December/January 2000 Correctional Law Reporter, 51. My work has been cited in national publications. See e.g., Juries Turning Sour Toward Police, National Law Journal (July 2, 2002, p. A-1). 6. My professional service also focuses on civil rights. I have served as a member of the Ohio State Board of Directors of the American Civil Liberties Union, elected as an at-large member on a statewide ballot. I have also served on several bar association civil rights and employment law committees and I am a member of the National Employment Lawyers Association. In the vast majority of my cases, including this case, my fee is contingent or dependent on success. 7. When I have hourly work my rate is based on a sliding scale based in large part on the ability of the client to pay. 8. In the vast majority of my cases, including this case, our fee is contingent or dependent on success. 9. My billing rate was $400 per hour from January 2007 until April 2012. It increased to $450 in April 2012. My firm has settled cases at these rates, had clients pay us at these rates, and been awarded fees at the $400 rate. 10. The rates for the paralegals are $100 per hour. Law graduates are people who graduated from law school but have not passed the Ohio bar exam or who are employed as non-lawyers. The law graduate rate is $130 per hour. Law clerks are billed at $85 per hour.

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9. I exercised billing judgment at the time the work was recorded and did not record every short assignment, email, conversation, or phone call. I have reviewed each time entry and made a good faith effort to exclude hours that are excessive, redundant, or otherwise unnecessary. Thus, compensation is not sought for all the work performed. All staff are instructed to exercise billing judgment at the time the work is recorded and are supervised by me in this regard. Not all time worked on the case has been billed. All time is entered on the case contemporaneous with the work done. 10. Plaintiff requests fees for work done by Gerhardstein & Branch on the case as shown in Exhibit 2. 11. Plaintiff also requests expenses of $11,323.90 as documented on last page of Exhibit 2. Receipts and other proof of expenses are available on request.

/s/ Alphonse A. Gerhardstein Date: February 6, 2014

Case: 1:13-cv-00501-TSB Doc #: 70-1 Filed: 02/06/14 Page: 5 of 31 PAGEID #: 1129 ALPHONSE A. GERHARDSTEIN GERHARDSTEIN & BRANCH CO. LPA 432 Walnut Street Suite 400 Cincinnati, Ohio 45202 (513) 621-9100 Fax: (513) 345-5543 email: agerhardstein@gbfirm.com www.gbfirm.com I. PROFESSIONAL EXPERIENCE GERHARDSTEIN & BRANCH CO. LPA This is a private, public interest law practice which focuses on civil rights including age, race, sex, sexual orientation, and disability discrimination in housing and employment, prisoner rights, police misconduct and reproductive health issues. 1978 - Present LEGAL AID SOCIETY OF CINCINNATI Reginald Heber Smith Fellow. 1976-1978 II. ADMISSIONS Supreme Court of Ohio Supreme Court of Minnesota United States Supreme Court United States Sixth Circuit Court of Appeals United States District Court, Southern District of Ohio United States District Court, Northern District of Ohio III. EDUCATION BELOIT COLLEGE, Beloit, Wisconsin, B.A. Degree, 1973. Major: Government NEW YORK UNIVERSITY SCHOOL OF LAW, New York, New York. J.D. 1976 Root-Tilden Public Interest Law Scholarship IV. TEACHING ADJUNCT PROFESSOR - CHASE LAW SCHOOL, NORTHERN KENTUCKY UNIVERSITY Courses: Civil Rights Litigation 1988 - 1992 Prisoner Rights 1989 ADJUNCT PROFESSOR - UNIVERSITY OF CINCINNATI Social Work and the Law. 1978-1979 Updated January 2014
1

Exhibit 1

Case: 1:13-cv-00501-TSB Doc #: 70-1 Filed: 02/06/14 Page: 6 of 31 PAGEID #: 1130 V. RECOGNITIONS 2010 Courage Award, Ohio Association for Justice 2008 The Diamond Award for Leadership, Service and Support, Planned Parenthood Southwest Ohio Region 2008 Jewish National Fund/Judge Carl B. Rubin Legal Society Attorney of the Year 2007 Presidents Award, for dedication to community service, civil rights, and to the Sentinels Police Associations Mission, Sentinel Police Association 2005 Martin Luther King Spirit Award Baptist Ministers Conference, Health Alliance of Cincinnati, UC Medical Center 2003 Charles P. Taft Civic Gumption Award, Charter Party of Cincinnati 2002 Wright-Overstreet Award for Community Service, NAACP Cincinnati Chapter 2001 Outstanding Achievement Award, Cincinnati Womens Political Caucus 2001 Outstanding Service Award for Representing Indigent Parties in Civil Cases in United States District Court, Federal Bar Association 1999 Champions of Choice Leadership Award, Ohio NARAL 1999 Steward for Choice Award, Planned Parenthood of Southwest Ohio and Northern Kentucky 1998 Community Service Award, Stonewall Cincinnati 1997 Firm recognized for defense of Civil Liberties, ACLU, Cincinnati Chapter 1996 Human Rights to Prisoners Award - Justice Watch 1996 Outstanding Service Award as Mediator in the United States District Court, Federal Bar Association 1996 Outstanding Service Award for Representing Indigent Parties in Civil Cases in United States District Court, Federal Bar Association 1995 Andrew B. Dennison Courageous Advocate Award Potter Stewart Inn of Court 1994 Presidents Award, for dedication to community service, civil rights, and to the Sentinels Police Associations Mission, Sentinel Police Association

Updated January 2014

Case: 1:13-cv-00501-TSB Doc #: 70-1 Filed: 02/06/14 Page: 7 of 31 PAGEID #: 1131 VI. MEDIATION Frequent mediator for Equal Employment Opportunity Commission, United States District Court and private parties. VII. CIVIL RIGHTS ACTIVITIES A. Civil Rights - Publications Can Effective Apology Emerge Through Litigation? 72 Duke University School of Law, Law and Contemporary Problems No. 2, Spring 2009 Leveraging Maximum Reform While Enforcing Minimum Standards, XXXVI Fordham Urban Law Journal No. 1, January 2009 A Practitioners Guide to Successful Jury Trials on Behalf of Prisoner-Plaintiffs 24 Pace Law Rev. No. 2 Spring 2004 PLRA Can Affect Private Practitioners Ability to Represent Inmates XIII Correctional Law Reporter 66 (Feb/Mar 2002) Private Prison Litigation: The Youngstown Case and Theories of Liability XI Correctional Law Reporter 51 (Dec/Jan 2000) Contributing Author, Chapter 247, Civil Rights, Ohio Jury Instructions (1994) Gerhardstein, False Teeth? Thornburgh's Claim That Turner's Standard for Determining a Prisoner's First Amendment Rights Is Not "Toothless" 17 NK L. Rev. 527 (1990) Various guest columns in Cincinnati Enquirer, and civil rights newsletters. B. Civil Rights Presentations & Seminars June, 2011 National Business Institute, Handling the Police Liability Claim, CLE presenter, Cincinnati, Ohio March, 2011 Making a Buck While Making a Difference, Tips for Plaintiffs, 29th Annual Georgetown Law, Section 1983: Civil Rights Litigation March, 2011 University of Cincinnati School of Law, Presentation on civil rights practice hosted by ACLU March, 2011 Wise Temple Cincinnati, Ohio Panel presentation on Juvenile Justice in Ohio

Updated January 2014

Case: 1:13-cv-00501-TSB Doc #: 70-1 Filed: 02/06/14 Page: 8 of 31 PAGEID #: 1132 April, 2010 Freedom Center, Cincinnati, Ohio Panel on Hate Crimes May, 20120 Ohio Association for Justice, Columbus, Ohio, The Section 1983 Claim and Recovering Attorney Fees October, 2009 Federal Bench/Bar Conference Columbus, Ohio, Section 1983 Plaintiff Update March, 2007 Vanderbilt School of Law, Nashville, TN, A Life of Causes, Not Cases 2008 National Association for Civilian Oversight of Law Enforcement, Panel Speaker on Cincinnati Collaborative Visiting Practitioner, New York University School of Law, annual lecture on civil rights practice, (1986 - 1999) CLE faculty, Ohio State Bar Association: Annual Midwest Labor and Employment Law Seminar 2005 Plenary presentation on Rights of Whistleblowers 2004 Break out session on 1983 claims in Employment 1999 Break out session on Evidentiary Issues in Employment Cases 1998 Break out session on Privacy in Workplace 1983 Civil Rights Litigation (1999, 2000) (Course Planner) Legal Rights of Pregnant Minors (1997) (Cleveland) (Course Planner) Prisoner Rights (1998) (Course Planner) Employment Law for the General Practitioner (1993 - 1999) (Cleveland and Cincinnati) EEO Basics, 1999 (Columbus) Kentucky Academy of Trial Lawyers 2004 Intro 1983 litigation Professional Education Systems Institute 2004 Police Liability seminar, Columbus and Cleveland Lorman Education Services 2004 Use of Force in Ohio Hamilton County Democratic Forum, Panel, Justice for All, Forum on Parole and Probation, February, 2002 Symposium on the History of the Federal Court in the Southern District of Ohio, 2/9/04, Dayton Ohio, Panel Discussion of police reform litigation National League of Cities, 2003 Presentation on Cincinnati: A Collaborative Approach to Community Policing Updated January 2014
4

Case: 1:13-cv-00501-TSB Doc #: 70-1 Filed: 02/06/14 Page: 9 of 31 PAGEID #: 1133 ABA Section on Alternative Dispute Resolution, Insight for Inspired Practice, Collaborative on Police-Community Relations, San Antonio Texas, March, 2003 Faculty, National Workshop on Privatization, U.S. Department of Justice, Office of Justice Programs, Corrections Programs Office, Philadelphia, PA. June 1999. Topics: Prison Privatization: Responsibility and Accountability: Ensuring and Implementing Legal Safeguards The Future of Privatization as Seen by the Litigators Faculty, Prison Privatization Workshop, University of Minnesota Law School, March, 1999: Topics: Prison Privatization and Correctional Policy Process Managing Prison Privatization Legal and Legislative Issues Municipal Liability Under 1983, Police Misconduct Seminar, Professional Education Systems (1999, 2002, 2002) (Columbus and Cleveland) Conference Speaker, Probation Officers Association of Ontario, Canada: Private Prisons, Private Justice, Public Service, (Niagara Falls, Ontario 1999) Speaker, Private Prisons, forums sponsored by the Ontario Public Service Employees Union, Toronto, Canada (1999). Recent Developments in Gay Rights Issues, Civil Rights Litigation in 1999, Cincinnati Bar Association Presenter, Private Prisons, Center On Crime, Communities and Culture Briefing, New York City, 1998 Speaker, Members of the Jury, ACLU of Youngstown, Ohio (1998) Prison Litigation Reform Act, Civil Rights Seminar, Cincinnati Bar Association, 1998 Jury Selection, 1997 Federal Bench/Bar Conference, Columbus, Ohio Abortion Litigation Update, 1995 Planned Parenthood Federation of America, Midwest Regional Conference, St. Louis, Mo. Visiting faculty, Cincinnati Police Academy, Affirmative action, (1992 - 1997)

Updated January 2014

Case: 1:13-cv-00501-TSB Doc #: 70-1 Filed: 02/06/14 Page: 10 of 31 PAGEID #: 1134 Opera Rap, Debate on Death Penalty (2002) (Cincinnati Opera) (In connection with Dead Man Walking) Regular presenter at Civil Rights Committee Seminars, Cincinnati Bar Association Frequent speaker at churches, banquets and meetings of professional and general audiences on civil rights topics, including appearances on CBS, NBC, and NPR news programs. C. Civil Rights - Professional 1. Memberships: Editorial Board, Correctional Law Reporter, 1999 - present The Potter Stewart American Inn of Court Master of the Bench, (1984 - present); Emeritus (1988 - present) National Lawyers Guild (through 2000) American Civil Liberties Union National Employment Lawyers Association Cincinnati Bar Association Ohio State Bar Association 2. Activities: Founder, Ohio Justice and Policy Center (formerly Prison Reform Advocacy Center), President 1997 2010; Board 1997 present (non-profit organization advocating for reforms in prison health care, reentry, offering assistance on prison litigation, and promoting restorative justice) Judicial Advisory Commission For the Northern District of Ohio 2009 present (Appointed by United States Senator Sherrod Brown to serve on the Commission that reviews and interviews candidates for open positions on the United States District Court for the Northern District of Ohio) Ohio Association for Justice Board Member 2007 - present Cincinnati Civilian Police Review Panel. Principal author of ordinance establishing civilian review board following service as counsel to NAACP, Urban League, Baptist Ministers Conference and other community groups in mediation with City of Cincinnati conducted by the United States Department of Justice. (1998) Circuit Secretary, Sixth Judicial Circuit, NYU School of Law Root Tilden Kern Program 1997-2000 Selection Committee, Soros Justice Fellowship Program, Center on Crime, Communities and Culture (New York City)(1997 1999) Glenmore Justice Institute, 1999, Invited Participant Updated January 2014
6

Case: 1:13-cv-00501-TSB Doc #: 70-1 Filed: 02/06/14 Page: 11 of 31 PAGEID #: 1135 D. Civil Rights - Litigation Federal and state court litigation in the areas of employment discrimination, disability law, Affirmative action, police brutality, prisoner rights, abortion rights, first amendment rights and other civil rights, including: PRISON/POLICE
Baker v. Union Twp., Ohio, 2013 WL 4502736 (S.D. OH 2013). Excessive force based on use of taser on fleeing suspect. Suspect was tased in the back and fell down a flight of stairs suffering serious and permanent injuries, including a fractured neck, injuries to his vertebrae, and a brain bleed. McConnell v. Butler County, Ohio, 2013 WL 4482411 (S.D. OH 2013). Death of jail inmate from opiate withdrawal. Peabody v. Perry Twp., Ohio, 2013 WL 1327026 (S.D. OH 2013). Excessive force based on use of taser on suspect fleeing from property crime, fell from elevated surface and has permanent brain injury. Settlement of $2,225,000. Parrish v. City of Mason, 2013 WL 1190022 (S.D. OH 2013). Excessive forced based on use of taser on a suspect multiple times in less than two minutes. McCullum v. Tepe, 693 F.3d 696 (6th Cir. 2012). Estate of 19 year old jail detainee sued for failure to treat mental health needs, which led to his suicide. Settlement for $300,000. Patrizi v. Huff, 690 F.3d 696 (6th Cir. 2012). Summary judgment denied on claims of Fourth Amendment violation, malicious prosecution, and false arrest stemming from a criminal defense attorneys involvement at a nightclub scene . Padula v. Trumbull County Ohio, 2012 WL 3260231 (N.D. OH 2012). Death of jail inmate from alcohol withdrawal. Marcum v. Scioto County, Ohio, 2012 WL 2674303 (S.D. OH 2012). Jail policies, practices, customs and usages were moving force behind decedents death from an asthma attack and defendants were deliberately indifferent to decedents serious medical needs . Nall v. City of Painesville, 2012 WL 1658623 (N.D. OH 2012). Heart arrest and brain injury following taser use during arrest for alleged disorderly conflict. Brinson v. University Hospital, 2011 WL 2492960 (S.D. OH 2011). Challenge to death of civilly committed psych patient following use of force and taser deployment. Settlement of $638,000. Cooper v. Ernst, 2011 WL 1898942 (S.D. OH 2011). Excessive force based on officers release of police dog from a leash. D.D. v. Washington County, Ohio, 2011 WL 830761 (S.D. OH 2011). Certification of class in challenge to conditions of confinement in juvenile facility.

Updated January 2014

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Gray v. Village of Middleport, S.D. OH, Case No. 2:09-cv-838. Excessive force based on shooting of plaintiff following high speed chase. Settled for $450,000. Thomas v. Village of Middleport, S.D. OH, Case No. 2:10-cv-139. Excessive force on arrest and due process challenge to Mayors Court. Settled with $100,000 payment and consent decree reforming Mayors Court. Cockrell v. City of Cincinnati, 2010 WL 4918725 (S.D. OH 2010). Challenge to Cincinnati taser policy permitting use against persons fleeing from minor crimes. Hernandez v. Wilkinson, 2010 WL 4026386 (N.D. OH 2010). Class action settlement reviewed and where appropriate, corrected sentences of thousands of offenders sentenced to post release control in Ohio. Allen v. Collins, 2010 WL 3075186 (N.D. OH 2010). Due process challenge by inmates to procedures used by Ohio parole board. Maynard v. Jackson County, Ohio, 706 F. Supp. 2d 817 (S.D. OH 2010). Excessive force due to roadblock causing plaintiff to crash. Meyers v. McNichols, 2010 WL 348311 (S.D. OH 2010). Jury verdict in favor of inmate attached by other inmates, defendant sergeant failed to protect. Lowe v. Cuyahoga County Board of Commissioners et al., N.D. OH, Case No. 1:08-cv1339. Death of inmate due to Xanax withdrawal. Settled for $4 million. Rush v. City of Mansfield, 2009 WL 454347 (N.D. OH 2009). Challenge to SWAT raid on family for service of warrant for property resulting in shooting death of resident. Knox v. City of Blue Ash, 2009 WL 3210346 (S.D. OH 2009). Challenge by estate of suspect killed by police after high speed chase. Fussell et al v. Wilkinson, 2009 WL 3010850 (S.D. Ohio 2009). Class action settlement dramatically upgraded prison health for all adult Ohio prisoners. Jennings v. City of Lima, N.D. OH, Case No. 3:08-cv-01868. Challenge to SWAT raid resulting in death of mom holding child and injury to child. Settled for $2.5 million. Trevino v. Jones, S.D. OH, Case No. 1:08-cv-00339. Arrest of undocumented worker without probable cause. Settled for $100,000. Green v. Taylor, 239 F. App'x 952 (6th Cir. 2007). Death of teenager shot following chase. Settled for $1 million. Fossyl v. Watson, 2007 WL 6960326 (S.D. OH 2007). Cover up of murder and civil suit for wrongful death against the murderers. Settlement with County; $1 million verdict against the murderers.

Updated January 2014

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SH v. Taft, 2007 WL 1989753 (S.D. OH 2007). Statewide class action challenging conditions of confinement in juvenile facilities run by Ohio Dept. Youth Services. Settled with stipulation and monitoring. Watkins v. Collins, 111 Ohio St.3d 425 (2006). Habeas corpus denied to twelve inmates who claimed that they had been improperly placed on post release control. Leis v. American Civil Liberties Union Foundation of Ohio, Inc., 2006 WL 2345797 (S.D. OH 2006). Effort by local sheriff patrolling in City limits to avoid compliance with police reforms under consent decree with City.

Butler v. City of Middleport, S.D. OH, Case No. 2:04-cv-00834(with Attorney Richard Lewis, Jackson, Ohio). Suicide of two young men in jail. Settled for $525,000 and memorial. 2006. Kammeyer v. City of Sharonville, 311 F. Supp. 2d 653 (S.D. OH 2003). Action by adult children of murder victims against police who covered up evidence that would have resulted in prompt prosecution of murderer.
Samples v. Logan County, Ohio, 2006 WL 1793250 (S.D. OH 2006). Civil rights and wrongful death case based on death of inmate due to alcohol withdrawal. Green v. Bowles, 361 F.3d 290 (6th Cir. 2004). Failure to protect transsexual inmate from attack by other inmate.

Nutter v. Kelly, S.D. OH, Case No. C3-01-214. Suicide in Clark County Jail. Settled $270,000 and memorial. 2004.
Green v. City of Cleveland, et al., N.D. OH, Case No. 1:03-cv-906 (with attorney Barry Scheck, NYC). Civil rights case by man exonerated with DNA evidence after serving 13 years in prison on the wrongful conviction. Settlement of wrongful incarceration and civil claims for millions in damages and a forensic audit of the Cleveland forensic lab.

Thomas v. Woolum, 337 F.3d 720 (6th Cir. 2003). Inmate beaten by officer. PLRA exhaustion satisfied even if procedure of grievance system not followed; must use grievance to give notice to potential defendants. Leisure v. City of Cincinnati, 267 F. Supp. 2d 848 (S.D. OH 2003)(with attorneys Scott Greenwood and Kenneth Lawson) Action by family of unarmed citizen shot and killed by Cincinnati Police. In re Cincinnati Policing, 209 F.R.D. 395 (S.D. OH. 2002). Class action settlement of racial profiling lawsuit establishing reforms on use of force, fairness in policing, citizen review of police misconduct, and community problem oriented policing. Davis v. Mendel, S.D. OH, Case No. 01-cv-001. Injunction required inmate with end stage liver disease to be evaluated for liver transplant. March/April 2002 Correctional Law Reporter 84.

Updated January 2014

Case: 1:13-cv-00501-TSB Doc #: 70-1 Filed: 02/06/14 Page: 14 of 31 PAGEID #: 1138 Morrison v. Davis, 88 F. Supp. 2d (S.D. OH 2000). Constitutional challenge to fee cap in Prison Litigation Reform Act. Culberson v. Doan, 125 F. Supp. 2d 252 (S.D. OH 2000). Civil rights claim against police chief and village for violating parents property rights by failing to secure the scene where their daughters body was hidden. Jury verdict for $3.75 million in 2001. In Re: Northeast Ohio Correctional Center, N.D. OH, Case No. 4:97-CV-1995, Class action on behalf of Washington D.C. inmates housed in a private for-profit prison in Youngstown, Ohio on Eighth Amendment medical, use of force, and failure to protect claims. Case settled for $1.75 million to be distributed to all 2,000 inmates and a three year agreement to monitor prison conditions. 1999. See December January 2000 Correctional Law Reporter 51. In re Southern Ohio Correctional Facility, 173 F.R.D. 205 (S.D. OH 1997). Appointed in 1994 by federal court as plaintiffs' class counsel on claims based on 1993 prison riot. Settled for 4.1 million and extensive terms reforming conditions at prison. Grimm v. Lane, 895 F. Supp. 907 (S.D. OH 1995). Prison beating and cover-up. $450,000 jury verdict for plaintiffs. Dunn v. Voinovich, S.D. OH, Case No. C-1-93-0166 (with Robert Newman). Class counsel in stated-wide class action challenging inadequate mental health treatment in Ohio prisons. Consent decree case. 1995. Weeks v. Chaboudy, 984 F.2d 185 (6th Cir. 1993). Affirmed $50,000 damage award against Southern Ohio Correctional Facility physician. White v. Morris, 832 F. Supp. 1129 (S.D. OH 1993)(with Robert Laufman). Class action challenge to segregated celling at Southern Ohio Correctional Facility. Wolfel v. Morris, 832 F.2d 712 (6th Cir. 1992). Affirmed judgment in favor of inmates challenging punishment for petitioning activity within the Southern Ohio Correctional Facility. Gumpl v. Seiter, 689 F. Supp. 754 (S.D. OH 1988). Challenge to lack of recreational opportunities for protective custody prison inmates. Settled with creation of new housing unit and expanded recreation. Dotson v. Seiter, S.D. OH, Case No.. C-1-84-1312. Class action challenge to practice of using excessive force against mentally ill inmates. Settled in 1987. Johnson v. Seiter, S.D. OH, Case No.. C-1-84-1008. $25,000.00 damage award against prison medical official for failure to treat a keloid for four years. Judgment entered 1987. Hendrix v. Dallman, S.D. OH, Case No.. C-1-82-123 and C-1-83-1805. Race discrimination in prison. Rule 68 offer of judgment accepted and entered 1986. Updated January 2014
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Matje v. Leis, et al., 571 F. Supp. 918 (S.D. OH 1983). Misconduct by undercover drug agent resulted in consent decree regulating agent behavior and instituting citizen complaint system. Settlement on jail suicide claim. Consent decree and case summary in Police Misconduct and Civil Rights Law Report, No. 9, p.103-104 (Winter, 1985)). Ar-Raheem v. Phillips, S.D. OH, Case No.. C-1-83-556. Challenge of punishment of Muslim inmate for refusing to handle pork. Settled.

REPRODUCTIVE RIGHTS Planned Parenthood Cincinnati Region v. Strickland, 531 F.3d 406 (6th Cir. 2008). Challenge to Ohio restrictions on medication abortion. Womens Medical Professional Corp. v. Baird, 2008 WL 545015 (S.D. OH 2008). Enjoin effort to close abortion clinic as violating due process. Cincinnati Womens Services v. Taft, 468 F.3d 361 (6th Cir. 2006). Lead counsel in challenge to HB 421, which requires in-person meeting with physician 24 hours before abortion and replaces parental notice with parental consent for abortion. Planned Parenthood Cincinnati Region v. Taft, 444 F.3d 502 (6th Cir. 2006)(with Planned Parenthood Federation Counsel). Enjoin statute regulating medical abortions. Womens Medical Professional Corp v. Taft, 114 F. Supp. 2d 664 (S.D. OH 2000). Lead counsel in challenge to Ohio ban on partial birth feticide. Doe v. Barron, 92 F. Supp. 2d 694 (S.D. OH 1999). Injunction granted permitting prisoner access to abortion services. Jane Doe v. River City Correctional Center, 92 F. Supp. 2d 694 (S.D. OH 1999). Prisoner access to abortion. Womens Medical Professional Corp v. Voinovich, 130 F.3d 187 (6th Cir. 1997), cert. denied 523 U.S. 1036 (1998)(co counsel with Planned Parenthood Federation of America). Challenge to 1995 Ohio abortion statute.

Cleveland Surgi Center, Inc. v. Jones, 2 F.3d 686 (6th Cir. 1993)(with Planned Parenthood Federation of America). Unsuccessful challenge to parental notice law as applied. In Re Jane Doe 1, 566 N.E.2d 1181 (Ohio St 1991). First appeal in Ohio under new parental notification of abortion statute. Planned Parenthood Ass'n. of Cinti., Inc. v. Project Jericho, 556 N.E.2d 157 (Ohio St.
11

Updated January 2014

Case: 1:13-cv-00501-TSB Doc #: 70-1 Filed: 02/06/14 Page: 16 of 31 PAGEID #: 1140 1990). Affirmed contempt convictions of anti-choice picketers and Affirmed the certification of a defendant class. Planned Parenthood Ass'n. v. City of Cincinnati, F. 2d 1390 (6th Cir. 1987). Cincinnati fetus disposal ordinance enjoined as unconstitutional interference with a woman's right to secure abortion services. GAY/LESBIAN RIGHTS Obergefell v. Wymyslo, 2013 WL 6726688 (S.D. OH 2013). Permanent injunction granted compelling state officials to recognize same-sex spouses marriages on Ohio death certificates. Barnes v. City of Cincinnati, 401 F.3d 729 (6th Cir. 2005). Affirmed $320,000 verdict for transsexual police officer discriminated against in demotion from sergeant. Attorney fees and multiplier award upheld on appeal. Glover v. Williamsburg School District, 20 F. Supp. 2d 1160 (S.D. OH 1998). Damage verdict and reinstatement ordered for gay teacher discharged from school. Equality Foundation v. City of Cincinnati, 54 F. 3d 261 (6th Cir. 1995) cert. granted, vacated and remanded, 116 S.Ct. 2519 (1996); 128 F. 3d 289 (6th Cir. 1997) (on remand from the U.S. Supreme Court), cert. denied 525 U.S. 943 (1997). Constitutional challenge to anti-gay City Charter amendment. Greenwood v. Taft, Stettinius & Hollister, 663 N.E. 2d 1030 (Ohio App. 1995). Challenge to discharge and disclosure of private information about gay attorney. EMPLOYMENT DISCRIMINATION Broach v. City of Cincinnati, 2013 WL 4241410 (S.D. OH 2013). $224,522.41 jury verdict for Fire Lieutenant based on employment claims for retaliation for opposition to race discrimination, retaliation based on participation, and hostile work environment. Mell v. City of Cincinnati, 2010 WL 796751 (S.D. OH 2009). Class action challenge to denial of demutualization proceeds to workers. Benaugh v. Ohio Civil Rights Commission, 2007 WL 1795305 (S.D. OH 2007). Successful jury trial challenging disability discrimination by civil rights agency) Riester v. Riverside Community School, 257 F. Supp. 2d 968 (S.D. OH 2002). Retaliation against teacher in charter school. Hoffman v. Honda of America Mfg., Inc., 191 F.R.D. 530 (S.D. OH 1999). Sex discrimination class action. Jansen v. City of Cincinnati, 977 F.2d 238 (6th Cir. 1992)(with Legal Aid Society). Reversal of order terminating consent decree for City of Cincinnati Fire Department. See
12

Updated January 2014

Case: 1:13-cv-00501-TSB Doc #: 70-1 Filed: 02/06/14 Page: 17 of 31 PAGEID #: 1141 also Youngblood v. Dalzell, 925 F. 2d 954 (6th Cir. 1991). Vogel v. City of Cincinnati, 959 F.2d 594 (6th Cir. 1992). Successfully defended police consent decree against reverse discrimination challenge. Hubbard v. City of Middletown, 728 F. Supp. 1573 (S.D. OH 1990). Sexual harassment. Wheeler v. Southland Corporation, 875 F.2d 86 (6th Cir. 1989). Title VII action, sexual harassment, constructive discharge. Plaintiff verdict Affirmed. U.S. v. City of Cincinnati, 771 F.2d 161 (6th Cir. 1985). Black and female police officers appointed on same day as white males were entitled to challenge layoffs having a discriminatory impact. Matter was settled after remand. Bryant v. CCHB, S.D. OH, C-1-83-798. Age discrimination. Plaintiff verdict following jury trial in 1985. Martin v. Norbar, 537 F. Supp. 1260 (S.D. OH 1982). Sexual harassment. HOUSING Skidmore v. Butler Metropolitan Housing Authority, S.D. OH, C-1-80-346. Race discrimination class action. Consent decree instituted strong Affirmative action program in two cities that over four-year period desegregated the public housing units. CONSUMER Pearson v. Easy Living Furniture, 534 F. Supp. 884 (S.D. OH 1981). Truth in lending. OTHER CIVIL RIGHTS P.C. v. Milford Exempted Village School, 2013 WL 209478 (S.D. Ohio 2013). Ohio Department of Education administrative decisions denying private reading services to disabled junior high student overturned because school predetermined students education placement and thus committed a procedural violation of the IDEA. Range v. Douglas, 878 F. Supp. 2d 869 (S.D. OH 2012). Failure to protect bodies in morgue from sexual abuse by morgue attendant. Logan v. Sycamore Community School Bd. of Educ., 2011 WL 382559 (S.D. OH 2011). Title IX and 1983 claim against school district that failed to protect student from harassment following sexting of photo. Hunter v. Hamilton County Board of Elections, 850 F. Supp. 2d 795 (S.D. OH 2012). Equal protection and due process challenges to exclusion of provisional ballots from vote count. B.H. v. West Clermont Bd. of Educ., 788 F. Supp. 2d 682 (S.D. OH 2011). Successful

Updated January 2014

13

Case: 1:13-cv-00501-TSB Doc #: 70-1 Filed: 02/06/14 Page: 18 of 31 PAGEID #: 1142 appeal of administrative decision denying special education student serves. Settlement for $70,000 plus fees on 1983 claim for restraining student. Fangman v. City of Cincinnati, 634 F.Supp.2d 872 (S.D. OH 2008). First Amendment challenge to restrictions on donations and political activity by city workers. Chesher v. Neyer, 2007 WL 4553908 (S.D. OH 2007). Class action challenge to county officials who permitted photographer to access, manipulate, and photograph bodies with props in the Hamilton County, Ohio Morgue. Settled for $8 million. Jennings v. University Ear, Nose & Throat Specialists, Inc., 101 Ohio St. 3d 326 (2004). Court of Claims has exclusive jurisdiction to determine if a state employee is immune from suit. In re Estate of Carpenter, 127 Ohio Misc.2d 22 (C.P. Hamilton Co. 2004). Allowed settlement for minor in police misconduct case to be confidential. Spencer v. Blackwell, 347 F. Supp. 2d 528 (S.D. OH 2004). Lawsuit brought on eve of 2004 election to hold unconstitutional Jim Crow election law that permitted republican challengers in the black precincts. Jorg v. Cincinnati Black United Front, 792 N.E.2d 784 (Ohio App. 2003). Affirmed dismissal of slander action against civil rights organization for statements critical of police action in death of Roger Owens by. Gable v. Lewis, 201 F.3d 769 (6th Cir. 2000). Affirmed jury verdict for plaintiff in sex discrimination and retaliation case. Shields v. Campbell Co. Board of Education, E.D. KY, No. 84-242. Preliminary injunction reinstated female to ninth grade football team; consent decree guaranteed her right to compete on same basis as boys. In re Cincinnati Radiation Litigation, 187 F.R.D. 549 (S.D. OH 1999). Serving as a defense attorney for physician charged with civil rights violations in mass tort action In re: Fernald Litigation, S.D. OH, Case No. C-1-85-0149. Appointment in 1993 by the federal court as a litigating amicus in this mass tort action to advise the court on due process issues raised by the imposition of deadlines for monetary claims by members of the class. Americans for Civil Participation v. Hamilton County Welfare Dept., S.D. OH, Case No. C-1-84-1318. Injunction granted September 21, 1984 permitting voter registration in food stamp stores.

Updated January 2014

14

& BRANCH Case: 1:13-cv-00501-TSB Doc GERHARDSTEIN #: 70-1 Filed: 02/06/14 Page: 19 of 31 PAGEID #: 1143 A Legal Professional Association 432 Walnut Street, Suite 400 Cincinnati OH 45202 (513) 621-9100

MARRIAGE

Page: 1 02/06/2014 Account No: 6509-00 STATEMENT NO: 1

Interim Statement

07/12/2013 07/16/2013

AAG AAG AAG AA AA AAG JLB AAG AAG AAG AAG LC AAG LC AA AAG JLB

General Issues - research issues Draft complaint, research law, develop facts, outline next steps on research General Issues - email with client and cocounsel Office conference and research w/AG on marriage case. Read and edit complaint. General Issues - go to client home and meet them and discuss case Research claims against dept. health and edit complaint Draft edits to complaint, research, review memo, identify tasks, email client Draft affidavit, emails with client Draft affidavit and edit complaint and continue research Draft and research memo and order and direct law clerk research research Draft edits to pleadings and review research on how ohio addresses opposite sex marriages in other states that do not comply with ohio law Research: Irreparable harm for injunctive relief draft research memo Draft and research pleadings Research irreparable harm argument and venue claims; research venue and defendants Edit pleadings Draft edits to Motion and Complaint General Issues contact Opposing counsel, final review of pleadings research first cousin marriage File complaint, motions, put out press release. Conference call and draft stipulations General Issues - edit all pleadings and filings, telephone conference with and email client, status conf court, communicate opposing counsel, assign research re open issues Office conference with Court and counsel, t/c City attorneys Draft edits to stips and research IH argument Draft and research stip and or declaration with city, supp brief on irrep harm

Hours 2.00 4.50 0.50 0.30 0.50 2.00 1.30 1.70 1.00 3.50 3.70 3.50 0.50 9.30 7.30 5.60 2.40 5.40 0.70 0.50 2.80 2.60 2.50

07/17/2013

07/18/2013

07/19/2013

AA JLB JLB LC PA1 AA AAG

JLB 07/20/2013 JLB AAG

8.00 0.50 1.30 3.00

Exhibit 2

MARRIAGE

Case: 1:13-cv-00501-TSB Doc #: 70-1 Filed: 02/06/14 Page: 20 of 31 PAGEID #: 1144

Page: 2 02/06/2014 Account No: 6509-00 STATEMENT NO: 1

Hours 07/21/2013 AAG AAG AAG JLB JLB JLB 07/22/2013 AAG JLB LC AA LC AA AAG JLB 07/23/2013 AA AAG AA JLB 07/24/2013 PA1 AAG General Issues - emails and telephone conference with with client re hearing General Issues - prep for hearing and set up tasks for help on it General Issues - draft trial brief and telephone conference with resource people, telephone conference with cl Telephone conference with OC re stipulations, draft summary of same Research and draft argument on Irreparable Harm ("IH") Draft IH argument Draft edits to tro memo Draft edits to trial memo 7/22 Drafting questionnaire for other potential clients. Reviewing city and state memo.7/24 Updating questionaire in light of press release. Preparation for hearing and hearing on TRO Researching when equal protection trumps full faith and credit. strategy meeting with AG and JB and reading order and TRO General Issues prep for and attend hearing, meet with client and cocounsel, address response from public and review ruling Trial/hearing prep for, attend, and discuss hearing with client draft order for AG General Issues - conf client re spring grove, other issues, email defense counsel phone call to KY lawyer (.1); review and save media (1); discussion with AG (.2); phone call with ACLU (.6) General Issues review info from potential clients Service General Issues - telephone conference with various national groups and atty seeking intervention, telephone conference with client, review ideas on case strategy Research venue General Issues - telephone conference with resources re strategy, telephone conference with jb, telephone conference with Bridget, email defense, email client read emails re stipulations and cases in other states General Issues - respond to emails, telephone conference with state defense counsel, draft summary email afterwards, email cc counsel with ideas for next steps finding and reviewing KY case (.3); saving pics to file (.1) General Issues - research, review and respond to emails re status and strategy Telephone conference with court File city waiver of service General Issues - prep for and participate in conf call with court and counsel, set tasks Telephone conference with court and OC re status, second call with AG, review tasks from AG 0.30 0.40 2.10 0.70 5.00 1.60 1.20 0.50 2.00 5.50 1.30 1.00 9.00 3.75 0.50 1.00 1.90 0.70 0.90

3.00 2.50

07/25/2013

AA AAG

AA 07/26/2013 AAG

2.00 0.60

AA 07/27/2013 AAG

2.00 0.40

2.00 0.30 0.10 2.00 0.70

07/30/2013

AA AA AAG JLB

MARRIAGE

Case: 1:13-cv-00501-TSB Doc #: 70-1 Filed: 02/06/14 Page: 21 of 31 PAGEID #: 1145

Page: 3 02/06/2014 Account No: 6509-00 STATEMENT NO: 1

Hours LC AA LC 07/31/2013 AA AA AA AA LC AAG AAG AA AA AA LC AA AA Collection of Windsor documents. Prelim/Perm Injunctions, District Court briefings, etc., Memo on application to case Casemap and discussion with law clerk (1); calls to potential clients (.2) research restatements research losses (.2); calls to potential client (.1); call with client (.4) draft memo and research research declaratory relief Read and email ag re PA case decided today research legal age for marriage General Issues - review strategy with ACLU and decide on same General Issues - plan case, email state and Lisa, research read emails re strategy and memo from Law Clerk Research and draft memo on relief for all couples without class action General Issues - research and respond to emails Reviewing commission history on Ohio DOMA and video of floor debates. Research - read law review articles on marriage equality and related topics research current litigation in other states (.2); read law review article re due process argument (1) call to potential client (.2); read MI law review article (.8); conf. call with ACLU (1) General Issues - prep for and do conf call with Meeks and ACLU re case issues and strategy General Issues - plan next steps Review press statement researching Ohio code re: losses (1.7); phone call with counsel and case planning with AG (1) research potential experts Collection of amici briefs General Issues - draft stipulations, work on strategy, telephone conference with defense counsel, draft case management plan, contact potential experts, review state interest materials, outline deca action issues, draft schedule Pulling legis on early version of Ohio DOMA, searching for video on earlier version of Ohio DOMA, selecting parts of video to be transcribed. Researching potential experts General Issues - research, review emails, edit case management plan General Issues - meet with clients and email with aclu and defense counsel re various issues review stipulations and case mgmt plan (.1); draft perm inj order and research (2.9); revise stipulations (.5) Research potential expert witnesses Research same sex recognition Draft emails with potential experts research re: as applied versus facial challenge phone call to court re: transcript (.1); phone calls to potential clients/witnesses 1.60 1.20 5.60 0.70 1.20 1.00 0.40 5.50 1.00 1.00 1.00 3.30 1.00 1.80 3.00 1.20

08/01/2013

08/02/2013

08/04/2013

08/05/2013

AA AAG

2.00 1.80 0.30 0.10 2.70 1.90 1.00

08/06/2013

AAG AA AA LC LC AAG

7.10

08/07/2013

LC LC AAG AAG AA LC AAG

1.30 1.00 1.20 1.50 3.50 2.00 1.00 0.30 0.20

08/08/2013

AAG AA AA

MARRIAGE

Case: 1:13-cv-00501-TSB Doc #: 70-1 Filed: 02/06/14 Page: 22 of 31 PAGEID #: 1146

Page: 4 02/06/2014 Account No: 6509-00 STATEMENT NO: 1

AA AAG 08/09/2013 AAG AAG AAG AAG LC AA LC AA 08/11/2013 08/12/2013 AAG AAG LC LC AA 08/13/2013 AAG JLB AAG

(.6) CBA training on employer benefits for same sex couples Telephone conference with resource people and email re experts General Issues - review draft order, research, issues and strategy and tasks with Jaci General Issues - prep for and do conf call with deft, strategize and send emails as follow up to various folks Draft edits final order General Issues organize file and correspond re final order Reviewing Marriage Legislative History Videos. research/draft re: losses and draft order (1.5); phone conference with counsel (.5); research proper parties issue (.3) Pulling and reviewing Amici briefs from Windsor phone call with ct re transcript (.1) General Issues - email with experts and research General Issues - telephone conference with becker, peplau, fulcher, send emails confirming retainer and scope, prep for calls, study materials searching for expert reports from Perry v. Hollingsworth searching for expert statements from Perry read emails re experts (.1); research and email to ag on defendants (1.4) Research procedure issues Office conference with court and co-counsel re case plan General Issues - prep for and attend status conf, meet with cocounsel re tasks and strategy and legal theory, email with defense re case plan and edits to TRO research and review changes to case mgmt plan (1); status conference and case planning with co counsel (1) General Issues - review and respond to emails re case schedule, client and marriage expert emails to Lisa Meeks re: new defs and leg history (.2); email to al (.1) General Issues - research recognition issues, email experts General Issues - research recognition cases and read koppelman book Collection of law review articles Reading draft expert report-making notes research on Obama's statements re Windsor interpretation General Issues - review all emails and expert corres, send responses, continue work on experts, review and respond to emails re spring grove. research tax issues and standing General Issues - meet with Jaci re experts and legal theory Research (5); Meeting with AG (.7) Telephone conference with Prof. Grossman

Hours 0.70 1.00 0.40

0.50 2.00 0.20 0.70 0.70 2.30 0.70 0.10 0.70

2.70 1.70 0.70 1.50 0.70 1.00

3.50 2.00 1.00 0.30 0.60 1.00 1.70 2.00 0.10

AA AAG AA AAG AAG 08/15/2013 LC AA AA AAG

08/16/2013 08/18/2013

1.20 1.60 0.60 5.70 0.30

08/19/2013 08/20/2013

AA AAG AA AA

08/22/2013

MARRIAGE

Case: 1:13-cv-00501-TSB Doc #: 70-1 Filed: 02/06/14 Page: 23 of 31 PAGEID #: 1147

Page: 5 02/06/2014 Account No: 6509-00 STATEMENT NO: 1

08/23/2013 08/26/2013 08/27/2013

AA AA AA

email expert email re strategy (.2); phone call to witness (.2); research (.5) emails with co counsel (.2); read expert report (1.5); call to Prof Peplau (.1); draft/research motion for dec judgment (1.2) Telephone conference with Susan Becker Discussion with AG and JB re: strategy General Issues - review status of various issues, telephone conference with probate atty re new couples with deceased partner, telephone conference with state, telephone conference with city, research issues, draft memo re same, strategy discussed General Issues - telephone conference with new clients, telephone conference with city re death certifcate, research General Issues - status conference (.2); phone conference re: strategy (.4); draft proposed TRO (.3); email and organize file (.3); research (.7) Revise Am Compl and motion General Issues - telephone conference with new clients and jim, draft amended complaint, motion amend, tro, mot tro, research Draft edits to michener pleadings and draft stipulation email all to counsel file pleadings Draft edits, draft stip, telephone conference with potential marriage client, review expert materials, telephone conference with obergefell, email with counsel and court email retainer to Grossman (.2); file organization (.5) General Issues - review documentation to make clear michener authority re ives remains, email same to counsel, edit stip, send to counsel, discuss stip, file with court, email client Trial/hearing - tro hearing re michener Research on Ohio Tax Commissioner TRO hearing re: Michener (.2); save files (.1); phone call with Chase at ACLU (.4); discussion with AG (.2); phone calls with Herzig and funeral home (.5); read re recognition case in SC (.1); phone call to client Michener (.1) read McKay's outline Research on Ohio tax commissioner research on tax commissioner Draft motion (4); phone call with ACLU (.2) read/edit Chauncey report research SC same sex marriage case (.4); Read/edit Chauncey report and email AG re all experts read/edit Segura expert report Read law clerk memos and discussion with him (1); call to expert Megan Fulcher (.1) draft research memo on Windsor analysis read Fulcher expert report and law clerk memo

Hours 0.10 0.90

3.00 0.30 0.60

08/29/2013 08/30/2013

AA AA AAG

2.50 2.30 1.90 0.30 2.10 0.80 0.30

AAG AA AA AAG

09/03/2013

AAG PA1 AAG

AA AAG

2.20 0.70

AAG LG AA

0.90 0.30 0.90

AA 09/04/2013 LG LG AA AA AA AA AA AA LC 09/09/2013 AA

1.60 0.20 1.40 1.00 4.20 2.40 0.40 1.70 2.50 1.10 1.00 2.00

09/05/2013

09/06/2013

MARRIAGE

Case: 1:13-cv-00501-TSB Doc #: 70-1 Filed: 02/06/14 Page: 24 of 31 PAGEID #: 1148

Page: 6 02/06/2014 Account No: 6509-00 STATEMENT NO: 1

Hours 09/10/2013 AAG AAG AAG AAG AA General Issues - respond to emails and research and draft class definition General Issues - review database of potential clients and witnesses and telephone conference with one witness to explore facts General Issues - telephone conference with defense counsel, research, email with cocounsel General Issues - research new issues, telephone conference with aclu phone call with Spring Grove atty (.3); conference with Bridget (.2); phone call with Chase (.4); scan and send email to Spring Grove (.2); research additional legal detriments to same-sex married couples in Ohio (1) Read Becker Report Telephone conference with Poul Lemasters/spring grove Research - research insurance issues and telephone conference with resource people Research insurance Research (1); draft motion (.5); reading Grossman report (1.5); draft motion (1.7) Research death certificate and case strategy General Issues - research class issues Telephone conference with Spring Grove atty (.2); email & discussion w/AG (.2) research individual capacity issue General Issues - research and draft amended complaint and email with proposal Research on mootness Revise amended complaint research re: state and federal guidance for filling out death certificates General Issues - telephone conference with defense counsel and review status of case and potential issues with class re appeal and timing, research research appeal issue Research on mootness Research on mootness General Issues - review research on mootness, respond to email from defense counsel, research other issues, conf re death certificate Researched the use of death certificates by surviving spouses. (AGG) Research windsor holding drafted memo on importance of surviving spouse designation on Ohio death certificates. case planning with AG and JB Draft third party standing declaration, research, telephone conference with aaron h, telephone conference with brigid coontz re status of case Researched duties of funeral directors. research third party standing phone call with client Obergefell-case update Researched Funeral Directors duties and wrote memo. 0.60 0.50 1.10 1.00

2.10 3.20 0.20 1.10 0.30 4.70 2.00 2.20 0.40 0.10 2.00 3.10 0.50 0.30 1.00 0.70 3.30 1.50 0.60 2.60 1.60 2.10 0.30 1.00 0.40 1.90 0.10 0.60

09/12/2013 09/13/2013

AA AA AAG AAG AA

09/14/2013 09/16/2013

AAG AAG AA AA AAG LG

09/17/2013

AA AA AAG AA LG LG AAG LG

09/18/2013

AAG LG AA AAG LG AA AA

09/19/2013

LG

MARRIAGE

Case: 1:13-cv-00501-TSB Doc #: 70-1 Filed: 02/06/14 Page: 25 of 31 PAGEID #: 1149

Page: 7 02/06/2014 Account No: 6509-00 STATEMENT NO: 1

Hours AAG AA AAG AAG AA AAG AA AA 09/20/2013 09/24/2013 AA AAG AAG LG AAG General Issues - draft second amend complaint, motion, emails, telephone conference with clients, telephone conference with defense counsel, research case discussion w/AG Draft edits to amend motion and complaint Telephone conference with jim o re case status and issues read and revise am compl (1.3) call with AG and client (.4) Draft edits to motion and complaint Review AG's edits to Am Compl file motion to amend complaint call with HRC General Issues review pleadings filed by defts General Issues - prep for status, annotate complaint, draft stipulations Researched FMLA spouse definition and wrote a memo. General Issues - telephone conference with defense counsel, email plan, email clients, plan next steps Telephone conference with court re motion to amend and motion to dismiss (.3); mtg with AG (.2) General Issues - prep for and do hearing on mot amend, review expert declarations, email experts and cocounsel General Issues - review expert reports Draft THIRD AMENDED COMPLAINT Draft edits to complaint Researched public statements by Robert Grunn (AGG). Meeting - met with Robert Grunn at his funeral home. General Issues - review expert declaration and email expert and cocounsel Draft edits to 3rd amended complaint emails from AG (.2); filing am compl (.2); read and edit third am compl (.3) General Issues - edit complaint General Issues - screening email to expert fullcher General Issues - research birth certificates and learn facts General Issues - visit with funeral director and draft ideas for supplemental declaration on standing send service packets to defendants General Issues - emails with ACLU General Issues - telephone conference with expert, email with expert, telephone conference with atty with ideas on gay marriage from his cases in N Ohio read emails (.2); read answer in KY case (.2); research (1.5) review expert reports and phone call with Grossman (3) Telephone conference with Lisa Draft - Grunn Declaration. Research standing. Review WV case 4.20 0.20 0.80 0.30 1.70 0.80 0.10 0.10 0.10 0.70 1.20 4.60 1.00

09/25/2013

AA AAG AAG AAG AAG LG LG

0.50 4.50 2.60 0.40 0.60 0.10 0.80 0.90 0.70 0.70 0.50 1.00 0.10 1.00 1.50 0.20 0.20

09/26/2013

AAG JLB AA AAG AAG AA AAG AAG AA

09/27/2013

AAG AAG

0.70 4.90 0.20 1.20 0.50 0.10

AA

09/30/2013 10/01/2013

AA LG LG AA

10/02/2013

MARRIAGE

Case: 1:13-cv-00501-TSB Doc #: 70-1 Filed: 02/06/14 Page: 26 of 31 PAGEID #: 1150

Page: 8 02/06/2014 Account No: 6509-00 STATEMENT NO: 1

LG 10/03/2013 AA AA LG AA LG AAG

Research standing and draft Grunn declaration. read peplau new version of report (1.7); research (.2) Read McKay report General Issues - draft Grunn Declaration Discussion with law clerk and email Dr. Peplau Researched and wrote memo on the Standing of Grunn. General Issues - review emails from client, review draft declaration re funeral director standing, respond to other emails re case email with expert Segura (.1); drafting fof and col (.2) draft tiers of scrutiny section of merits brief Draft Standing Motion Read/Organize 7 expert reports and emails with co counsel General Issues - review standing issues and edit grunn declaration Drafted final Robert Grunn declaration. General Issues - review expert declarations and research and email co counsel re next steps to finish all of them return phone calls to potential witnesses and telephone conference with client (.3); research and draft merits brief (3.5) Draf merits brief, read and incorporate expert reports Finalize expert reports (1.5); draft fof and col and merits brief (1.5); read mckay report revisions (1.1) draft merits brief compile law review articles, citations review Dr. Peplau report for filing (.2); research and draft merits brief (5.6) draft merits brief/research Draft merits brief General Issues - research and start drafting MIO to standing brief, telephone conference with obergefell, draft declaration, telephone conference with client Draft response to motion to dismiss grunn Drafted response to motion to dismiss Grunn. (AGG) Draft edits to standing memo Draft merits brief (5.5); Draft resp to mtd (1) Drafting standing memo for Grunn (AGG) Draft edits to standing memo General Issues - review memo, draft summary explaining case Revise proposed final order General Issues - start work on merits brief, research Draft perm inj order, motion and memo, draft research task re scope of relief

Hours 3.00 1.90 1.50 0.50 0.20 2.10

10/04/2013

10/05/2013

1.00 0.30 2.40 3.50 5.00 0.50 0.30 2.00 3.80 7.00

10/06/2013

AA LC LG AA AAG LG AAG AA

10/07/2013

10/08/2013

10/09/2013 10/10/2013

AA AA AA

4.10 2.30 1.00 5.80 4.90 4.20 3.80 5.40 5.00 0.80 6.50 4.80 2.10 0.70 0.50 0.50 1.00

10/11/2013

LC AA LC AA AAG LG

10/14/2013

10/15/2013

LG AAG AA LG AAG AAG AA AAG AAG

10/16/2013

10/17/2013

MARRIAGE

Case: 1:13-cv-00501-TSB Doc #: 70-1 Filed: 02/06/14 Page: 27 of 31 PAGEID #: 1151

Page: 9 02/06/2014 Account No: 6509-00 STATEMENT NO: 1

10/18/2013

AAG LG AAG LC LG AAG

Draft merits brief Research on breadth of relief in as applied challenges -- AEP General Issues - edit brief edit merits brief Research on the remedies available in as-applied cases General Issues - draft and edit and research merits brief on perm injunction. outline additional thoughts General Issues - research Revise Merits Brief read emails Research on as-applied remedy -- AEP revise merits brief General Issues - emails and calls re death and next steps re his death certificate General Issues - drafted notice of death filing. draft merits brief Draft merits brief Draft merits brief case discussion with AG Draft merits brief and research same Research Tax filing issue in Ohio for David Michener (AGG) revise merits brief revise merits brief Draft brief revise merits brief discussion with ACLU Draft edits to merits brief draft merits brief section Draft edits to merits brief and review others edits Draft edits to merits brief revise merits brief Draft Table of Contents Draft edits to merits brief revise merits brief, motion and proposed order General Issues - research and review issues re standing argument Research facial versus factual attacks (AGG). General Issues - prep for, meet with clients and argue the standing issue prep for hearing on mtd Telephone conference with court (.1); redact and send death certs to court (.3) Read Court's order on mtd

Hours 1.30 2.90 0.50 0.90 4.00

10/19/2013

4.50 0.50 7.40 0.20 1.20 3.50

10/20/2013

AAG LC AA LG LC AAG LG AA AAG AAG

10/21/2013

10/22/2013

1.00 0.80 5.00 1.50 1.00 0.20 2.40 1.40 1.50 6.00 2.50 4.00 0.10 1.20 1.00 5.40 1.30 4.50 0.70 1.60 4.60 2.30 1.90 4.10 1.20 0.40 0.20

10/23/2013

AA AAG LG AA AA AAG AA AA AAG AA AAG AAG AA PAR AAG AA AAG LG AAG AA AA AA

10/24/2013 10/25/2013

10/26/2013 10/28/2013

10/29/2013 10/30/2013

11/01/2013

MARRIAGE

Case: 1:13-cv-00501-TSB Doc #: 70-1 Filed: 02/06/14 Page: 28 of 31 PAGEID #: 1152

Page: 10 02/06/2014 Account No: 6509-00 STATEMENT NO: 1

Hours 11/19/2013 AAG LG 11/20/2013 AAG AA AA AAG LG LG LG AA AAG LG LG LC AA LG LG LG AA AAG AAG LG LC AA LC AAG AAG AAG AAG AAG LG LG LG LC LG AAG AAG LG General Issues - review state brief and start research and outline of ideas for reply Research on facial and as applied challenges -- AEP Research - consult with aclu read memo in opp draft and file motion for extension of time General Issues - plan drafting, review request for amicus Research on as applied challenges -- AEP Research on as applied and facial challenges -- AEP Research on as applied and facial challenges -- AEP email with ACLU General Issues - meet with ACLU as resource on marriage issues Research on as applied challenges -- AEP Drafting memo on as applied and facial challenges -- AEP draft rational basis section of reply brief Draft reply brief Memo on as applied or facial challenge -- AEP Memo on as applied and facial challenges -- AEP Memo on as applied and facial challenges -- AEP research/draft reply brief General Issues - research and review amicus General Issues - work on parenting issues Reviewing amicus brief -- AEP Finding articles cited in CCV amicus brief research and draft reply brief Review of CCV amicus brief articles Draft and research reply brief Draft - and research reply Draft and research reply Draft and research reply General Issues - meet re next steps re research on reply Drafting section for reply brief on as applied relief -- AEP Drafting section of the reply brief on as applied relief -- AEP Revising section of brief on as applied relief -- AEP research response to CCV's amicus brief Researching for as applied section of reply brief -- AEP Draft edits and research re reply General Issues - draft edits and research reply, email aclu Drafting response to CCV amicus -- AEP

2.80 4.90 0.50 2.00 0.30 0.40 5.30 2.50 3.90 0.10 1.00 2.80 3.70 0.80 4.60 2.50 0.70 2.20 5.30 0.80 0.50 3.00 0.20 7.00 5.70 9.10 1.00 1.60 2.60 0.30 2.10 2.00 1.00 1.30 1.20 1.80 0.80 2.80

11/21/2013

11/22/2013

11/24/2013 11/25/2013

11/26/2013

11/27/2013

11/29/2013 11/30/2013 12/01/2013

12/02/2013

12/03/2013

MARRIAGE

Case: 1:13-cv-00501-TSB Doc #: 70-1 Filed: 02/06/14 Page: 29 of 31 PAGEID #: 1153

Page: 11 02/06/2014 Account No: 6509-00 STATEMENT NO: 1

AAG LC LG 12/04/2013 LG AAG LG AAG LG AA AA AA AA AA AAG AA PAR AA AAG AA AA AAG AAG AAG AA AAG AAG 12/18/2013 LG AAG JLB AA AA AA AA AA JLB AAG JLB 12/24/2013 JLB

General Issues - draft and research edits to reply research CCV amicus brief problems Drafting response to CCV amicus brief -- AEP Drafting reply to CCV amicus -- AEP Draft edits to reply and research same Drafting reply to CCV amicus brief -- AEP Draft edits to CCV amicus brief argument in response Revising draft of reply to CCV amicus -- AEP revise merits reply research re heightened scrutiny call/emails to potential witnesses and update casemap phone call with potential witness (.3); revise reply brief (2) read portions of Perry trial transcript Draft - edits to brief Revise brief and send to paralegal for finalization Draft Table of Contents & Table of Authorities finalize reply brief General Issues - prep for argument research issues for oral argument (1); call clients (.2) research for oral argument General Issues - prep for argument, read cases General Issues - prep for argument General Issues - prep arg research re sixth circuit cases and prep for argument (6.4); phone meeting with AG, ACLU, and Adam (.5) General Issues - arg prep Phone conference with ALCU, Adam, and Jaci Research common law marriage (AGG) General Issues - prep for and argue permanent injunction Trial/hearing attend oral argument preparation for hearing and hearing on the merits call with client and reporter (.1); research and draft resp to mot to stay (.8) research re mot to stay draft/research mot to stay read Utah decision and draft and filie notice of supp authority General Issues review decision General Issues - review utah decision, review our decision and email with clients and counsel Review decision General Issues review fees

Hours 0.50 2.70 5.30 2.90 0.70 3.60 1.50 1.90 5.00 0.20 0.30 2.30 0.30 0.70 0.50 0.70 1.70 2.40 1.20 0.50 3.80 2.30 1.00 6.90 3.00 0.50 0.10 5.90 2.30 3.50 0.90 1.90 1.30 0.50 0.50 2.50 0.50 0.10

12/05/2013

12/06/2013

12/09/2013

12/16/2013

12/17/2013

12/19/2013 12/20/2013

12/23/2013

MARRIAGE

Case: 1:13-cv-00501-TSB Doc #: 70-1 Filed: 02/06/14 Page: 30 of 31 PAGEID #: 1154

Page: 12 02/06/2014 Account No: 6509-00 STATEMENT NO: 1

01/06/2014 01/07/2014 01/08/2014 01/14/2014 01/21/2014

AA AA AA AA AAG AA AA AAG

researching utah case research briefing utah case call to potential witness/client reading oklahoma case General Issues - telephone conference with aclu re next steps on appeal Telephone conference with Steve Snyder-Hill read/revise complaint General Issues - telephone conference with chase and james and draft memo afterwards, review status of other cases Read WV case decision call Grunn re corporate disclosure statement Research on attorney's fees -- AEP Draft fee motion Memo on apportionment of attorney's fees -- AEP General Issues - edit fee motion and attachment Read and correct time sheets for fee petition Review time sheets, edit, delete hours worked General Issues-final review of timesheets revising time sheets for fee petition For Current Services Rendered RECAPITULATION Hours 238.30 234.00 119.80 77.90 20.75 11.60 3.80 1.40

Hours 0.70 0.20 0.10 0.20 0.20 0.20 0.40

01/27/2014 01/28/2014

0.70 0.20 0.10 1.00 5.90 3.50 0.60 1.10 1.60 0.10 0.60 707.55 193,361.50

01/30/2014 02/04/2014 02/05/2014

AA AA LG JLB LG AAG AA JLB JLB AA

02/06/2014

ASSOCIATE ATTORNEY Gerhardstein, A.A. LAW GRADUATE Law Clerk Jennifer Branch Jennifer Branch PARALEGAL I PARALEGAL II

Hourly Rate $225.00 450.00 130.00 85.00 350.00 385.00 100.00 100.00

Total $53,617.50 105,300.00 15,574.00 6,621.50 7,262.50 4,466.00 380.00 140.00

07/19/2013 07/22/2013 08/08/2013 09/15/2013 09/22/2013 10/13/2013

Filing Fee - U.S. DISTRICT COURT COPY COSTS - FED EX OFFICE Book: Marriages Cross State Lines - Amazon Conference call - CINCINNATI BELL ANY DISTANCE Deposition: HB 272 video transcriptions - ELITE REPORTING AGENCY Professional Services - Transcript of TRO hearing - JODIE D. PERKINS, RMR,

400.00 12.56 23.33 14.00 1,488.40

MARRIAGE

Case: 1:13-cv-00501-TSB Doc #: 70-1 Filed: 02/06/14 Page: 31 of 31 PAGEID #: 1155

Page: 13 02/06/2014 Account No: 6509-00 STATEMENT NO: 1

10/19/2013 11/30/2013 11/30/2013 12/22/2013

CRR Professional Services - JOANNA GROSSMAN Professional Services - FROST BROWN TODD LLC Professional Services - ANNE PEPLAU Professional Services - GARY SEGURA TOTAL EXPENSES TOTAL CURRENT WORK

164.25 5,500.00 4,350.00 300.00 1,500.00 13,752.54 207,114.04

Balance Due

$207,114.04

Case: 1:13-cv-00501-TSB Doc #: 70-2 Filed: 02/06/14 Page: 1 of 11 PAGEID #: 1156

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION JAMES OBERGEFELL and JOHN ARTHUR, Plaintiffs, vs. JOHN KASICH, et al, Defendants. I, Jennifer L. Branch, pursuant to 28 U.S.C. 1746, declare under the penalty of perjury that the following is true and correct. 1. I was an attorney who worked on this case for Plaintiffs. 2. The fees requested comport with and are reasonable in light of the factors contained in Ohio Rules of Professional Conduct 1.5 insofar as they accurately reflect the time and labor required in the prosecution of this matter, the difficulty of the questions involved, the skill required to perform the work properly, comport with the fees customarily charged by others for similar legal services, and are appropriate in light of the results obtained. 3. I am a 1984 graduate of New York University. In 1987 I graduated cum laude from Case Western Reserve University School of Law and was admitted to practice that same year. I practiced with the Legal Aid Society of Cincinnati for nine years, focusing my practice in complex litigation, housing rights, and prisoner rights. I served as a Senior Attorney at the Legal Aid Society of Cincinnati from 1992 1996 : : : : : : : : : : Case No. 1:13-cv-501 Judge Timothy S. Black DECLARATION OF JENNIFER L. BRANCH IN SUPPORT OF REQUEST FOR ATTORNEY FEES

Case: 1:13-cv-00501-TSB Doc #: 70-2 Filed: 02/06/14 Page: 2 of 11 PAGEID #: 1157

and as a staff attorney for that same organization from 1987-1992. I co-counseled six class actions or complex cases at Legal Aid. 4. In July 1997 I joined the private law firm of Laufman & Gerhardstein, as an attorney. Laufman & Gerhardstein concentrated its practice in civil rights litigation. I cocounseled with Alphonse Gerhardstein and Robert Laufman on several dozen civil rights cases. In January 2005 I became a partner in the firm. I have litigated civil rights cases in federal and state court and have argued in the Ohio Supreme Court, the Ohio First and Tenth District Courts of Appeal, the Sixth Circuit Court of Appeal, and tried cases to the bench and to the jury in the U.S. District Courts in the Northern and Southern Districts in Ohio and in numerous Ohio Common Pleas Courts and Municipal Courts. (Branch resume Exhibit 1). 5. In the vast majority of my cases and Mr. Gerhardsteins cases, including this case, our fee is contingent or dependent on success. 6. My billing rate was $300 per hour from January 2007 until April 2012. It increased to $350 in April 2012. My rate increased to $385 in September 2013. We have settled cases at these rates, had clients pay us at these rates, and been awarded fees at these rates. I was awarded fees at the requested rate in Hunter v. Hamilton Cnty. Bd. of Elections, 1:10CV820, 2013 WL 5467751 (S.D. Ohio Sept. 30, 2013) at *17. 7. The market rates in the Cincinnati market are comparable to the rates being charged by Plaintiffs attorneys. Other Cincinnati litigators with similar years of experience as the lead attorneys in this case bill at higher rates:

Case: 1:13-cv-00501-TSB Doc #: 70-2 Filed: 02/06/14 Page: 3 of 11 PAGEID #: 1158

Attorney Name (date of admission) David Altman (1974) Jim Helmer (1975) Paul Martin (1979) Julie Popham (1992) Frederick Morgan, Jr. (1983) Jennifer Verkamp (1996) David M. Cook ( 1978)

Awarded rate (year of award) $390 (2004) 1 $420 (2004)2 $498 (2010)3 $375 (2004) 4 $425 (2010) 5 $500 (2010) 6 $450 (2010) 7 $450 (2008)8

8. The chart below summarizes the current rates compared to Judge Rubins rubric using his committees 1983 rates updated for 2013 by increasing the rate by 4% per year since 1983. Name Hourly Year Years in Rate Admitted Practice $450 $385 $350 $225 $80-95 $85 1976 1987 1993 2010 37 26 20 3 Rubin Rate as of 2013 415 415 366 200 122 77

Al Gerhardstein Jennifer Branch Lisa Meeks Jacklyn Gonzalez Martin Paralegals Law Clerk

9. I exercised billing judgment at the time the work was recorded and did not record every short assignment, email, conversation, or phone call. I have reviewed each time entry and made a good faith effort to exclude hours that are excessive, redundant, or otherwise unnecessary. Thus, compensation is not sought for all the
1

Opinion and Order awarding fees (Judge Spiegel Aug. 23, 2005) in Unites States of America v. Sierra Club, Case No. C-1-02-107 and affidavit of Helmer in support thereof (Aug. 6, 2004). 2 Opinion and Order awarding fees (Judge Spiegel Aug. 23, 2005) in Unites States of America v. Sierra Club, Case No. C-1-02-107 and affidavit of Helmer in support thereof (Aug. 6, 2004). 3 U.S. ex rel. Ellison v. Visiting Physicians Association, P.C. 2010 WL 2854137(S.D. OH 2010). 4 Doc. 177, Order granting fees (Judge Black June 1, 2004) in Estate of Roger Owensby, Jr. v. City of Cincinnati (and Doc. 133, Declaration of Paul Martins in support thereof). 5 U.S. ex rel. Ellison v. Visiting Physicians Association, P.C. 2010 WL 2854137(S.D. OH 2010). 6 U.S. ex rel. Ellison v. Visiting Physicians Association, P.C. 2010 WL 2854137(S.D. OH 2010). 7 U.S. ex rel. Ellison v. Visiting Physicians Association, P.C. 2010 WL 2854137(S.D. OH 2010). 8 Bailey v. AK Steel Corp., 2008 WL 553764 (S.D. OH 2008).

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work performed. All staff is instructed to exercise billing judgment at the time the work is recorded and are supervised by me in this regard. Not all time worked on the case has been billed. All time is entered on the case contemporaneous with the work done. /s/ Jennifer L. Branch Date: February 5, 2014

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JENNIFER L. BRANCH GERHARDSTEIN & BRANCH CO. LPA 432 Walnut Street, Suite 400 Cincinnati, OH 45202 513-621-9100 ext. 13 fax: 513-345-5543 jbranch@gbfirm.com www.gbfirm.com EDUCATION May 1987 CASE WESTERN RESERVE UNIVERSITY SCHOOL OF LAW Cleveland, Ohio J.D. Degree; cum laude Health Law Journal Editor; Moot Court Board Honors: Order of the Barrister; American Jurisprudence Awards for Trial Practice, Administrative Law, and Conflict of Laws Publication: The Right to Withdraw Life-Sustaining Medical Treatment," Health Matrix Vol. III, No. 4 (1986) May 1984 NEW YORK UNIVERSITY New York, New York B.A. Degree with Honors in Politics Majors: Politics and Philosophy

LEGAL EMPLOYMENT Jan. 2005- present PARTNER GERHARDSTEIN & BRANCH CO. LPA (Aug. 2006 present) GERHARDSTEIN BRANCH & LAUFMAN CO. LPA (Jan. 2005-Aug. 2006) Gerhardstein & Branch Co. LPA is a private civil rights litigation firm. We represent plaintiffs discriminated against on the basis of age, race, gender, sexual orientation, and disability in the areas of private and public employment. We also litigate prisoner civil rights cases, police misconduct cases, and womens reproductive rights issues. June 1997- 2005 ATTORNEY LAUFMAN & GERHARDSTEIN

Sept. 1992-June 1996 SENIOR ATTORNEY Sept. 1987-Sept. 1992 STAFF ATTORNEY LEGAL AID SOCIETY OF CINCINNATI Represented low income clients in prison litigation, subsidized and private housing cases, utility rate cases, race, gender, handicap and familial discrimination, special education, and benefits.

Exhibit 1

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LITIGATION I have litigated cases in federal and state court trial courts, Ohio Courts of Appeals, Ohio Supreme Court, Sixth Circuit Court of Appeals, and Ohio administrative agencies. Below is a partial list of significant cases: Mark Broach v. City of Cincinnati (September 2013) (Magistrate Judge Bowman), $224,522.41 jury verdict for Fire Lieutenant based on employment claims for retaliation based on opposition to race discrimination, retaliation based on participation, and hostile work environment. Parrish v. City of Mason (March 2013) (Judge Spiegel) summary judgment denied in case filed by estate of man tased by police who died after multiple tasings in less than two minutes. Appeal pending. Howard v. Haas (settled 2013) family of young man tased by U.C. police officer settled claims for $2,000,000, reforms, and a memorial on the U.C. campus. Hunter v. Hamilton County Board of Elections (settled May 2012) (Chief Judge Dlott), Equal Protection challenge to provisional voting process resulted in additional ballots being counted and judicial candidate Hunter declared winner of election by 73 votes. Hunter v. Hamilton County Board of Elections et, al. 635 F.3d 219 (6th Cir. 2011); Hunter v. Hamilton County Board of Elections et, al., 850 F. Supp.2d 795, 2012 WL 404786 (permanent injunction); Hunter v. Hamilton County Board of Elections et, al., ___ F. Supp.2d ___, 2013 WL 5467751 (attorney fees). P.C. and W.C. v. Milford Schools, 2013 WL 209478 (S.D. Ohio 2013) (Judge Spiegel), Ohio Department of Education administrative decisions denying private reading service to disabled junior high student overturned because school predetermined students education placement and thus committed a procedural violation of IDEA. Logan v. Sycamore Schools, 2012 WL 2011037 (S.D. Ohio 2012) (Judge Spiegel), Title IX case sought damages against school district for estate of high school student who was bullied and sexually harassed before she committed suicide. Summary judgment denied. McCullum v. Butler County (S.D. Ohio settled 2012) (Judge Black) estate of 19 year old jail detainee sued for failure to treat mental health needs, which led to his suicide. Settlement of $300,000 from various defendants after summary judgment denied. McCullum v. Tepe, 693 F.3d 696 (6th Cir. 2012). Tana Cross v. Pickaway County (S.D. Ohio settled 2012) (Judge Smith) Settlement of $200,000 after summary judgment was denied for estate of woman who committed suicide in local jail after being denied medical treatment. B.H. v. West Clermont Schools (S.D. Ohio settled 2011) (Judge Black) successful appeal of administrative decision denying special education student services and settlement of 1983 claims for restraining student for $70,000 plus fees awarded.

Jennifer Branch resume updated October 2013

Page 2

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Darla Jennings v. City of Lima, OH, et al. (N.D. Ohio settled 2010) (Judge Carr) $2.5 million settlement for woman killed and children injured in SWAT raid. Aldini v. Johnson, et al, (S.D. Ohio settled 2010) (Magistrate Judge Merz) $125,000 settlement after appeal Aldini v. Bodine, 609 F.3d 858 (6th Cir. 2010) for detainee at Montgomery County Jail who sued jail corrections officers for injuries from beating, tasing, and being held in a restraint chair. Meyer v. Nichols (S.D. Ohio verdict 2009) (Magistrate Judge King) $40,000 jury verdict plus fees for failure to protect inmate injured by inmate assault. Fredericks v. Potter, (S.D. Ohio Verdict 2008) (Magistrate Judge Hogan) $382,000 jury verdict for disabled postal worker for disability discrimination, plus attorney fees. Probst v. Central Ohio Youth Center, 511 F.Supp.2d 862 (summary judgment denied to Consolidated Care, Inc); (Judge Marbley) private non-profit corporation and its social worker held to be state actors while performing contract to provide mental health care at juvenile correctional facility; 2008 WL 320148 (S.D. Ohio 2008) (summary judgment denied to Central Ohio Youth Center.) juvenile who committed suicide stated a claim against the juvenile correctional facility. Fossyl v. Watson, 317 Fed. Appx. 467 (S.D. Ohio 2009) (Judge Watson) $1 million jury verdict for family of Cheryl Fossyl for wrongful death affirmed ; settlement with Brown County, Ohio for unconstitutional law enforcement services from the time of Cheryls death in 1977 until 2001. E.M. and D.M. on their behalf and on behalf of their son R.M v. Sycamore Community Schools, (S.D. Ohio resolved 2008), parents of student receiving special education reading services Sycamore High School filed due process complaint seeking private school reading services for son with disabilities. Benaugh v. Ohio Civil Rights Commission, 278 Fed. Appx. 501 (6th Cir. 2008) (Verdict 2006) (Magistrate Judge Black) jury verdict for disabled employee for $68,000 against employer who failed to accommodate her disability (asthma) affirmed. Riggins v. Hunt, (S.D. Ohio, Verdict 2006) (Judge Barrett) jury verdict for Plaintiff for $125,000 in prisoner civil rights action against state prison corrections officers for using excessive force plus attorney fees (2007 WL 433303). Cundiff v. Mueller, (S.D. Ohio settled 2006) excessive force case against New Vienna police officer who shot and killed client and against Village and officers for covering up his crime. Case settled for $950,000. Kemper v. City of Milford, (S.D. Ohio settled 2005), substantive due process case on theory of state created danger against police officer who sent husband to home of man sleeping with the husbands wife. Summary judgment denied; case settled for $200,000.

Jennifer Branch resume updated October 2013

Page 3

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Jack Doe v. Butler County, Ohio (S.D. Ohio settled 2005), prisoner civil rights case for failure to protect boy raped at the Butler County Juvenile Detention Center; case settled for $250,000. Spencer v. Blackwell, (S.D. Ohio 2004) (Judge Dlott) elections case enjoining Republican challengers to democratic voters in African American precincts in Cincinnati in the presidential 2004 election and challenging the constitutionality of Ohios challenger law. Injunction stayed on appeal 388 F.3d 547 (6th Cir.), stay affirmed Spencer v. Pugh, 125 S.Ct. 305 (2004)(Justice Stewart) Meyers v. Booher, (Hamilton County Common Pleas Court 2004) (Judge Martin) bench verdict of $130,000 for parents and teenage daughter who was seduced by her boss and harbored from her parents. Herbert v. Milford Towing, (S.D. Ohio 2003) (Judge Hogan) jury trial on behalf of male employee sexually harassed by male supervisor (settled before verdict). Johnny Roe v. Butler County, Ohio (S.D. Ohio 2003) (Judge Beckwith) settlement for $200,000 in prisoner civil rights case on behalf of 11 year old boy raped at the Butler County Juvenile Detention Center. Womens Professional Medical Corp. v. J. Nick Baird, 277 F. Supp.2d 862 (S.D. Ohio 2003) (Judge Marbley), Permanent Injunction obtained for abortion provider who was ordered by the Ohio Department of Health to cease and desist operations. ODH was undue burden on a womans right to choose and a violation of due process. Attorney fees awarded. Affirmed in part 438 F. 3d. 595 (6th Cir. 2006) Pancake v. McGowan, 64 Fed. Appx. 464 (6th Cir. 2003) (Judge Dlott), due process challenge to Lawrence County, Ohio judges practice to grant ex parte TROs granting marital residence and property to first party in divorce case to file motion. Case was dismissed on Rooker-Feldman abstention grounds. Philecia Barnes formerly known as Phillip Barnes v. City of Cincinnati, jury verdict for plaintiff ($150,000 compensatory damages, $30,000 back pay and $120,000 front pay) February 26, 2003(S.D.OH) (Judge Dlott), for employment discrimination against transsexual police officer. Jury found City discriminated against transsexual police officer in violation of Title VII because of gender stereotyping and in violation of the Equal Protection clause for discrimination based on perceived sexual orientation, cross dresser, transgender, or non conformity with sex stereotypes. Attorney fees with 1.75 multiplier for extraordinary results awarded. Affirmed 401 F.3d 729 (6th Cir. 2005), rehearing en banc denied (June 8, 2005), cert. denied 126 S.Ct. 624; summary judgment denied at 2002 U.S. Dist. LEXIS 26207. In re Founders Womens Health Center v. Ohio Department of Health, 2002-Ohio-4295 (10th Dist. Court of Appeals 2002), 2002 WL 1933886 (Ohio App. 10 Dist.). Administrative challenge to ODH requirement that doctor owned abortion clinics must be licensed as Ambulatory Surgical Facilities.

Jennifer Branch resume updated October 2013

Page 4

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Greene v. Bowles, case settled after summary judgment for warden reversed by 361 F.3d 290 (6th Cir. 2004); jury verdict for defendant April 2002 (S.D.OH) (Judge Beckwith), transsexual prisoner beaten by inmate lost at trial on claim against officer for failure to protect her from harm. Qualified immunity denied to officers. Doe v. Bowles, 254 F.3d 617 (6th Cir. 2001). Riester v. Riverside Community School, charter school teacher sued for violation of her first amendment rights, court held charter school and charter school principal are state actors reported at 257 F.Supp.2d 968 (S.D.OH 2002) (Judge Spiegel). Case settled for an undisclosed amount. Womens Medical Professional Corporation v. Taft, trial 2001, successful constitutional challenge to Ohio House Bill 351, the partial birth abortion law reversed on appeal. Decisions reported at 199 F.R.D. 597 (S.D. Ohio 2001) (Judge Rice) (extending TRO); 114 F. Supp.2d 694 (S.D.OH 2000) (preliminary injunction); 162 F. Supp.2d. 929 (S.D. OH 2001) (permanent injunction); 353 F.3d 436 (6th Cir 2003) reversed. Culberson v. Doan, 1997 2001, civil rights claim against police chief and village for violating parents property rights by failing to secure the scene where their daughters body was hidden. Jury verdict for $3.75 million February 1, 2001. Case settled after trial for $2 million. Pre-trial decisions: 65 F.Supp.2d 701 (S.D. OH 1999) (Judge Spiegel) (motion to dismiss denied); 72 F.Supp.2d 865 (S.D. OH 1999); 125 F. Supp.2d. 252 (S.D. OH 2000) (summary judgment denied). In Re: Northeast Ohio Correctional Center, (N.D. OH 1997 2001) (Judge Polster) federal class action litigation on behalf of Washington D.C. inmates housed in a private for-profit prison in Youngstown, Ohio on Eighth Amendment medical, use of force, and failure to protect claims. Case settled for $1.75 million to be distributed to all 2,000 inmates and a three year agreement to monitor prison conditions. Prison closed in July 2001. Jane Roe v. Simon Leis, trial 2000, assisted female incarcerated at the Hamilton County Jail in obtaining right to have an abortion in jail by securing injunction in federal Court (S.D. OH) (Judge Dlott) and obtaining written policy change. Jane Doe v. River City Correctional Center, (S.D. OH 1999) (Judge Dlott), assisted female prisoner in obtaining right to have an abortion by securing TRO in federal court for client to be transported from local correctional center to abortion clinic. Decision at 92 F. Supp.2d 694 (S.D. OH 1999). McIntyre v. Shea, jury verdict 2000 (S.D. OH) (Judge Perelman), jury did not find that corrections officer watched and failed to protect inmate while he was stabbed several times by another inmate. Morrison v. Davis, jury verdict 1999, (N.D. OH) (Judge Marbley), Eighth Amendment excessive force case where jury returned $15,000 verdict for prisoner against corrections officers who beat prisoner. PLRA fee decision reported at 195 F.Supp.2d 1019 (SD. OH 2001). Glover v. Williamsburg Local School District, trial 1998, federal court trial decision found plaintiff school teacher was fired because of his sexual orientation and ordered reinstatement as a teacher Page 5

Jennifer Branch resume updated October 2013

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and $75,000 in compensatory damages. Decision reported at 20 F. Supp.2d 1160 (S.D. OH 1998) (Judge Dlott). Weil v. Postmaster General, jury trial 1998, (S.D. OH) (Judge Hogan), co-counseled jury trial in sexual harassment case where jury found plaintiff was discriminated against and awarded $175,000 in compensatory damages. Partridge v. Fath, jury trial 1994, (S.D. OH) (Judge Rubin), federal race discrimination jury trial on behalf of African-American tenants. Daugherty v. Wallace, 1992-1993, statewide class action in state court against Ohio Department of Human Services to reinstate General Assistance benefits. In Re Cincinnati Gas & Electric Co. 1991 & 1993, administrative litigation on behalf of lowincome ratepayers in electric rate increase cases. Appeal reported at 67 Ohio St.3d 531, 1993. Henry v. Korte, 1989-1991, state court class action on behalf of subsidized housing tenants against landlord for violation for substandard housing conditions, and In Re Korte, 1991-1993, bankruptcy class action on behalf of class of subsidized tenants to obtain security deposits and new management. Wells v. CMHA, 1989-1991, (S.D. OH) (Judge Spiegel), obtained consent decree in class action against the metropolitan housing authority to provide federally mandated grievance hearings to tenants. Heath v. De Courcy, 1989 1996, (S.D. OH) (Judge Weber), class action on behalf of local jail prisoners on Eighth Amendment claims and enforcement of consent decree. OTHER LEGAL EXPERIENCE Summer 1986 Law Clerk for S.D.N.Y. U.S. Attorneys Office (Rudolph Giuliani) Civil Rights and Appellate Divisions Summer 1985 Law Clerk for Federal Magistrate Ila Jean Sensenick (W.D.PA) Worked on prisoner rights and social security cases Summer 1982 Congressional Intern Congressman Austin J. Murphy (S.W. PA) BAR ADMISSIONS U.S. Supreme Court (2005) Ohio Supreme Court (1987) U.S. Court of Appeals for the Sixth Circuit (1991) U.S. District Court for the Southern District of Ohio (1988) U.S. District Court for the Northern District of Ohio (2004) PROFESSIONAL MEMBERSHIPS Cincinnati Bar Association Grievance Committee (2004-2012) Cincinnati Employment Lawyers Association
Jennifer Branch resume updated October 2013

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ACLU Southwest Ohio Chapter Board Member 1993-1996 CIVIC ACTIVITIES Cincinnati Womens Political Caucus Board Member and Treasurer (1996-1999) Community Shares Board Member (2005) Democratic Precinct Executive Cincinnati (1998-2010) Hamilton County Democratic Forum Board Member, Steering Committee Member, Secretary, and President (1992-1998) Kennedy Heights Citizens on Patrol (2001-2005) Womans City Club Board Member (1989-1991)

Jennifer Branch resume updated October 2013

Page 7

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION JAMES OBERGEFELL and JOHN ARTHUR, Plaintiffs, vs. JOHN KASICH, et al, Defendants. I, Lisa T. Meeks, pursuant to 28 U.S.C. 1746, declare under the penalty of perjury that the following is true and correct. 1. I am one of the attorneys for the Plaintiffs in this case. 2. The work done by me was necessary work on the case. 3. The fees requested comport with and are reasonable in light of the factors contained in Ohio Rules of Professional Conduct 1.5 insofar as they accurately reflect the time and labor required in the prosecution of this matter, the difficulty of the questions involved, the skill required to perform the work properly, comport with the fees customarily charged by others for similar legal services, and are appropriate in light of the results obtained. 4. In 1993 I graduated summa cum laude from Northern Kentucky University Chase School of Law and was admitted to practice that same year. I was an associate at Kircher, Robinson, Cook, Newman & Welch from 1993-1995 and an associate at Kircher, Robinson, Newman & Welch from 1995-1998. In 1998 I partnered with Robert B. Newman and started the practice of Newman & Meeks Co. LPA. We : : : : : : : : : : Case No. 1:13-cv-501 Magistrate Judge Stephanie K. Bowman DECLARATION OF LISA T. MEEKS IN SUPPORT OF REQUEST FOR ATTORNEY FEES

Case: 1:13-cv-00501-TSB Doc #: 70-3 Filed: 02/06/14 Page: 2 of 5 PAGEID #: 1168

concentrate our practice in civil rights, GLBT law, co-custody agreements for nontraditional families, employment, education law, family law, and personal injury law. 5. In the vast majority of my cases, including this case, my fee is contingent or dependent on success. 6. My billing rate is $350. I was awarded fees at my prior billing rate of $300 in Prunty v. Solomon, et al., S.D. Ohio Case No. 1:09-cv-201 (Dlott, J. Feb. 1, 2010) (Doc. 20). 7. I exercised billing judgment at the time the work was recorded and did not record every short assignment, email, or phone call. I have reviewed each time entry and made a good faith effort to exclude hours that are excessive, redundant, or otherwise unnecessary. Thus, compensation is not sought for all the work performed. All time is entered on the case contemporaneous with the work done. 8. I request a fee award for the 10.90 hours of time I have spent on the case, as is outlined in Exhibit 1.

/s/ Lisa T. Meeks Date: February 6, 2014

NEWMAN & MEEKS CO., L.P.A. 215 East Ninth Street, Suite 650 Case: 1:13-cv-00501-TSB Doc #: 45202 70-3 Filed: 02/06/14 Page: 3 of 5 PAGEID #: 1169 Cincinnati, Ohio Phone: (513) 639-7000 Fax: (513) 639-7011

JAMES OBERGEFELL

Page: 1 12/30/2013 Account No: 29923-00 Statement No: 1 Interim Statement

Fees Rate 08/05/13 LTM Telephone conference with co-counsel regarding trial strategy and division of responsibilities LTM Telephone conference with potential expert witness; status email to co-counsel 08/07/13 LTM review draft case management plan and stipulations 08/08/13 LTM email review re experts; communication to potential expert LTM Telephone conference with potential expert witness; send confirming email 08/09/13 LTM review proposed order 08/13/13 LTM Telephone conference with court LTM meeting with co-counsel re strategy, division of tasks 08/15/13 LTM review TRO transcript LTM review legislative history HB234 08/27/13 LTM review expert's presentation; telephone call to expert re affidavit 08/30/13 LTM Telephone conference with court LTM review status email; Telephone conference with Al re litigation issues 09/03/13 LTM Telephone conference with court 09/25/13 LTM attend court hearing Hours

350.00

1.00

350.00

350.00

0.10

35.00

350.00

0.10

35.00

350.00

0.10

35.00

350.00

0.10

35.00

350.00

0.50

175.00

350.00 350.00

0.30 0.80

105.00 280.00

350.00 350.00

0.30 1.10

105.00 385.00

350.00

0.70

245.00

350.00

0.10

35.00

350.00

0.20

70.00

350.00

0.10

35.00
Exhibit 1

350.00

0.50

175.00

Page: 2 JAMES OBERGEFELL 12/30/2013 Case: 1:13-cv-00501-TSB Doc #: 70-3 Filed: 02/06/14 Page: 4 of 5 PAGEID #: 1170 Account No: 29923-00 Statement No: 1

Rate 09/26/13 LTM review amended complaint and expert declarations 10/07/13 LTM review McKay affidavit 10/09/13 LTM edit expert declaration 12/18/13 LTM attend court hearing For Current Services Rendered Recapitulation Hours 10.90

Hours

350.00

1.80

630.00

350.00

0.30

105.00

350.00

1.30

455.00

350.00

1.50 10.90

525.00 3,815.00

Timekeeper Lisa T. Meeks

Rate $350.00

Total $3,815.00

Total Current Work

3,815.00

Balance Due

$3,815.00

PLEASE NOTE NEW ADDRESS!!!

NEWMAN & MEEKS CO., L.P.A. 215 East Ninth Street, Suite 650 Case: 1:13-cv-00501-TSB Doc #: 45202 70-3 Filed: 02/06/14 Page: 5 of 5 PAGEID #: 1171 Cincinnati, Ohio Phone: (513) 639-7000 Fax: (513) 639-7011

JAMES OBERGEFELL

Page: 1 12/30/2013 Account No: 29923

Balance $3,815.00

$3,815.00

PLEASE NOTE NEW ADDRESS!!!

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