Obergefell et al v. Kasich et al

Filing 70

MOTION for Attorney Fees by Plaintiffs John Arthur, Robert Grunn, David Brian Michener, James Obergefell. (Attachments: # 1 Gerhardstein Declaration, # 2 Branch Declaration, # 3 Meeks Declaration) (Branch, Jennifer)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
JAMES OBERGEFELL and
JOHN ARTHUR,
Plaintiffs,
vs.
JOHN KASICH, et al,

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Case No. 1:13-cv-501
Judge Timothy S. Black
DECLARATION OF ALPHONSE A
GERHARDSTEIN IN SUPPORT
OF REQUEST FOR ATTORNEY
FEES

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.

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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 Practitioner‟s
Guide to Successful Jury Trials on Behalf of Prisoner-Plaintiffs, 24 Pace Law Review
2

691 (2004). See also, “PLRA Can Affect Private Practitioner‟s 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

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ALPHONSE A. GERHARDSTEIN
GERHARDSTEIN & BRANCH CO. LPA
432 Walnut Street Suite 400
Cincinnati, Ohio 45202
[phone]
Fax: [phone]
email: [e-mail]
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

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Exhibit 1

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 – President’s Award, for dedication to community service, civil rights, and to the
Sentinels Police Association’s Mission, Sentinel Police Association
2005 – Martin Luther King Spirit Award Baptist Minister’s 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 Women’s 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 – President’s Award, for dedication to community service, civil rights, and to the
Sentinels Police Association’s Mission, Sentinel Police Association

Updated January 2014

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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 Practitioner’s Guide to Successful Jury Trials on Behalf of Prisoner-Plaintiffs”
24 Pace Law Rev. No. 2 Spring 2004
“PLRA Can Affect Private Practitioner’s 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

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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

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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

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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
Minister’s 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

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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 attorney’s 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 decedent’s death from an asthma attack and
defendants were deliberately indifferent to decedent’s 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 officer’s
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 Mayor’s Court. Settled with $100,000 payment and consent
decree reforming Mayor’s 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.

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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 parent’s property rights by failing to secure the scene where
their daughter’s 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.
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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.
Women’s Medical Professional Corp. v. Baird, 2008 WL 545015 (S.D. OH 2008).
Enjoin effort to close abortion clinic as violating due process.
Cincinnati Women’s 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.
Women’s 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.
Women’s 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.

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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

Updated January 2014

12

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 student’s 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

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

GERHARDSTEIN & BRANCH
A Legal Professional Association
432 Walnut Street, Suite 400
Cincinnati OH 45202
[phone]

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

MARRIAGE

Interim Statement

Hours
2.00

07/12/2013

AAG

General Issues - research issues

07/16/2013

AAG
AAG
AA

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.

4.50
0.50
0.30

07/17/2013

AA
AAG
JLB
AAG

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

0.50
2.00
1.30
1.70

07/18/2013

AAG
AAG
AAG
LC
AAG

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

1.00
3.50
3.70
3.50

5.40
0.70
0.50
2.80
2.60
2.50

JLB

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

JLB
AAG

Draft edits to stips and research IH argument
Draft and research stip and or declaration with city, supp brief on irrep harm

1.30
3.00

LC
AA
AAG
JLB

07/19/2013

07/20/2013

AA
JLB
JLB
LC
PA1
AA
AAG

Exhibit 2

0.50
9.30
7.30
5.60
2.40

8.00
0.50

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

MARRIAGE

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

07/25/2013

PA1
AAG

AA
AAG

AA
07/26/2013

AAG

AA
07/27/2013

07/30/2013

AAG

AA
AA
AAG
JLB

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

0.30
0.40

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

1.20
0.50

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

0.50

Service
General Issues - telephone conference with various national groups and atty
seeking intervention, telephone conference with client, review ideas on case
strategy

0.90

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

2.50

2.10
0.70
5.00
1.60

2.00
5.50
1.30
1.00
9.00
3.75

1.00
1.90
0.70

3.00

2.00
0.60

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)

2.00
0.40

General Issues - research, review and respond to emails re status and
strategy

2.00

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
0.10
2.00
0.70

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

MARRIAGE

Hours
LC
AA
LC

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

1.60
1.20
5.60

07/31/2013

AA
AA
AA
AA

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

0.70
1.20
1.00
0.40

08/01/2013

LC
AAG
AAG
AA
AA

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

5.50
1.00
1.00
1.00
3.30

08/02/2013

AA
LC

General Issues - research and respond to emails
Reviewing commission history on Ohio DOMA and video of floor debates.

1.00
1.80

08/04/2013

AA
AA

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)

3.00

08/05/2013

AA
AAG

08/06/2013

AAG
AA
AA
LC
LC
AAG

08/07/2013

LC

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

LC
AAG

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

AAG
AA
AA

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

LC
AAG
AAG
AA

08/08/2013

1.20

2.00
1.80
0.30
0.10
2.70
1.90
1.00

7.10

1.30
1.00
1.20
1.50
3.50
2.00
1.00
0.30
0.20

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

MARRIAGE

AA
AAG
08/09/2013

AAG

(.6)
CBA training on employer benefits for same sex couples
Telephone conference with resource people and email re experts

Hours
0.70
1.00
0.40

LC
AA

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)

08/11/2013

AAG

General Issues - email with experts and research

0.70

08/12/2013

AAG

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)

2.70
1.70
0.70
1.50

AAG
AAG
AAG
LC
AA

LC
LC
AA
08/13/2013

AAG
JLB
AAG

0.50
2.00
0.20
0.70
0.70
2.30
0.70
0.10

0.70
1.00

AA
AAG
AAG

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

08/15/2013

LC
AA

Collection of law review articles
Reading draft expert report-making notes

1.70
2.00

08/16/2013

AA

research on Obama's statements re Windsor interpretation

0.10

08/18/2013

AAG

General Issues - review all emails and expert corres, send responses,
continue work on experts, review and respond to emails re spring grove.

1.20

AA
AAG

3.50
2.00
1.00
0.30
0.60
1.00

08/19/2013

AA

research tax issues and standing

1.60

08/20/2013

AAG
AA

General Issues - meet with Jaci re experts and legal theory
Research (5); Meeting with AG (.7)

0.60
5.70

08/22/2013

AA

Telephone conference with Prof. Grossman

0.30

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

MARRIAGE

Hours
0.10

08/23/2013

AA

email expert

08/26/2013

AA

email re strategy (.2); phone call to witness (.2); research (.5)

0.90

08/27/2013

AA

emails with co counsel (.2); read expert report (1.5); call to Prof Peplau (.1);
draft/research motion for dec judgment (1.2)

3.00

08/29/2013

AA

Telephone conference with Susan Becker

0.30

08/30/2013

AA
AAG

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

0.60

0.80
0.30

AA

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

09/04/2013

LG
LG
AA

Research on Ohio tax commissioner
research on tax commissioner
Draft motion (4); phone call with ACLU (.2)

1.40
1.00
4.20

09/05/2013

AA
AA
AA

read/edit Chauncey report
research SC same sex marriage case (.4);
Read/edit Chauncey report and email AG re all experts

2.40
0.40
1.70

09/06/2013

AA
AA

2.50

LC

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

AA

read Fulcher expert report and law clerk memo

2.00

AAG
AA
AA
AAG

09/03/2013

AAG
PA1
AAG

AA
AAG

AAG
LG
AA

09/09/2013

2.50
2.30
1.90
0.30
2.10

2.20
0.70

0.90
0.30
0.90

1.60
0.20

1.10
1.00

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

MARRIAGE

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)

0.60
0.50
1.10
1.00

2.10

09/12/2013

AA

Read Becker Report

3.20

09/13/2013

AA
AAG

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)

0.20

AAG
AA

1.10
0.30
4.70

09/14/2013

AAG

Research death certificate and case strategy

2.00

09/16/2013

AAG
AA

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

2.20

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)

0.50
0.30

1.60

LG
AA
AA

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

LG

Researched Funeral Directors duties and wrote memo.

0.60

AA
AAG
LG
09/17/2013

AA
AA
AAG
AA
LG
LG
AAG
LG

09/18/2013

AAG
LG
AA
AAG

09/19/2013

0.40
0.10
2.00
3.10

1.00
0.70
3.30
1.50
0.60
2.60

2.10
0.30
1.00
0.40
1.90
0.10

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

MARRIAGE

Hours
AAG
AA
AAG
AAG
AA
AAG
AA
AA

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

4.20
0.20
0.80
0.30
1.70
0.80
0.10
0.10

09/20/2013

AA

call with HRC

0.10

09/24/2013

AAG
AAG
LG
AAG

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

0.70
1.20
4.60

09/25/2013

AA
AAG
AAG
AAG
AAG
LG
LG

09/26/2013

AAG
JLB
AA
AAG
AAG
AA
AAG
AAG
AA

09/27/2013

AAG
AAG

AA

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.

1.00

0.50
4.50
2.60
0.40
0.60
0.10
0.80

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

0.90
0.70
0.70
0.50
1.00
0.10
1.00

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)

0.20

1.50
0.20

0.70
4.90

09/30/2013

AA

Telephone conference with Lisa

0.20

10/01/2013

LG
LG

Draft - Grunn Declaration.
Research standing.

1.20
0.50

10/02/2013

AA

Review WV case

0.10

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

MARRIAGE

Hours
3.00

LG

Research standing and draft Grunn declaration.

10/03/2013

AA
AA

read peplau new version of report (1.7); research (.2)
Read McKay report

1.90
1.50

10/04/2013

LG
AA
LG

General Issues - draft Grunn Declaration
Discussion with law clerk and email Dr. Peplau
Researched and wrote memo on the Standing of Grunn.

0.50
0.20
2.10

10/05/2013

AAG

General Issues - review emails from client, review draft declaration re funeral
director standing, respond to other emails re case

1.00

10/06/2013

AA
LC

email with expert Segura (.1); drafting fof and col (.2)
draft tiers of scrutiny section of merits brief

0.30
2.40

10/07/2013

LG
AA

Draft Standing Motion
Read/Organize 7 expert reports and emails with co counsel

3.50
5.00

10/08/2013

AAG
LG
AAG

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)

0.50
0.30

AA

2.00
3.80

10/09/2013

AA

Draf merits brief, read and incorporate expert reports

7.00

10/10/2013

AA
AA

Finalize expert reports (1.5); draft fof and col and merits brief (1.5); read
mckay report revisions (1.1)
draft merits brief

4.10
2.30

10/11/2013

LC
AA

compile law review articles, citations
review Dr. Peplau report for filing (.2); research and draft merits brief (5.6)

1.00
5.80

10/14/2013

LC
AA
AAG

4.90
4.20

LG

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

10/15/2013

LG
AAG
AA

Drafted response to motion to dismiss Grunn. (AGG)
Draft edits to standing memo
Draft merits brief (5.5); Draft resp to mtd (1)

5.00
0.80
6.50

10/16/2013

LG
AAG
AAG

Drafting standing memo for Grunn (AGG)
Draft edits to standing memo
General Issues - review memo, draft summary explaining case

4.80
2.10
0.70

10/17/2013

AA
AAG
AAG

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

0.50
0.50
1.00

3.80
5.40

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

MARRIAGE

Hours
1.30
2.90
0.50
0.90
4.00

10/18/2013

AAG
LG
AAG
LC
LG

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

10/19/2013

AAG

General Issues - draft and edit and research merits brief on perm injunction.
outline additional thoughts

4.50

10/20/2013

AAG
LC

General Issues - research
Revise Merits Brief

0.50
7.40

10/21/2013

AA
LG
LC

read emails
Research on as-applied remedy -- AEP
revise merits brief

0.20
1.20
3.50

10/22/2013

AAG
LG
AA
AAG
AAG

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

1.00
0.80
5.00
1.50
1.00

10/23/2013

AA
AAG
LG
AA

case discussion with AG
Draft merits brief and research same
Research Tax filing issue in Ohio for David Michener (AGG)
revise merits brief

0.20
2.40
1.40
1.50

10/24/2013

AA

revise merits brief

6.00

10/25/2013

AAG
AA
AA

Draft brief
revise merits brief
discussion with ACLU

2.50
4.00
0.10

10/26/2013

AAG

Draft edits to merits brief

1.20

10/28/2013

AA
AAG
AAG
AA
PAR
AAG

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

1.00
5.40
1.30
4.50
0.70
1.60

10/29/2013

AA

revise merits brief, motion and proposed order

4.60

10/30/2013

AAG
LG
AAG
AA

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

2.30
1.90
4.10
1.20

11/01/2013

AA
AA

Telephone conference with court (.1); redact and send death certs to court (.3)
Read Court's order on mtd

0.40
0.20

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

MARRIAGE

Hours
11/19/2013

AAG
LG

General Issues - review state brief and start research and outline of ideas for
reply
Research on facial and as applied challenges -- AEP

2.80
4.90

11/20/2013

AAG
AA
AA
AAG
LG

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

0.50
2.00
0.30
0.40
5.30

11/21/2013

LG
LG
AA

Research on as applied and facial challenges -- AEP
Research on as applied and facial challenges -- AEP
email with ACLU

2.50
3.90
0.10

11/22/2013

AAG
LG
LG

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

1.00
2.80
3.70

11/24/2013

LC

draft rational basis section of reply brief

0.80

11/25/2013

AA
LG
LG
LG

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

4.60
2.50
0.70
2.20

11/26/2013

AA
AAG
AAG

research/draft reply brief
General Issues - research and review amicus
General Issues - work on parenting issues

5.30
0.80
0.50

11/27/2013

LG
LC
AA

Reviewing amicus brief -- AEP
Finding articles cited in CCV amicus brief
research and draft reply brief

3.00
0.20
7.00

11/29/2013

LC

Review of CCV amicus brief articles

5.70

11/30/2013

AAG

Draft and research reply brief

9.10

12/01/2013

AAG
AAG
AAG

Draft - and research reply
Draft and research reply
Draft and research reply

1.00
1.60
2.60

12/02/2013

AAG
LG
LG
LG
LC
LG

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

0.30
2.10
2.00
1.00
1.30
1.20

12/03/2013

AAG
AAG
LG

Draft edits and research re reply
General Issues - draft edits and research reply, email aclu
Drafting response to CCV amicus -- AEP

1.80
0.80
2.80

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

MARRIAGE

Hours
0.50
2.70
5.30

AAG
LC
LG

General Issues - draft and research edits to reply
research CCV amicus brief problems
Drafting response to CCV amicus brief -- AEP

12/04/2013

LG
AAG
LG

Drafting reply to CCV amicus -- AEP
Draft edits to reply and research same
Drafting reply to CCV amicus brief -- AEP

2.90
0.70
3.60

12/05/2013

AAG
LG
AA

Draft edits to CCV amicus brief argument in response
Revising draft of reply to CCV amicus -- AEP
revise merits reply

1.50
1.90
5.00

12/06/2013

AA
AA
AA
AA

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

0.20
0.30
2.30
0.30

12/09/2013

AAG
AA
PAR
AA

Draft - edits to brief
Revise brief and send to paralegal for finalization
Draft Table of Contents & Table of Authorities
finalize reply brief

0.70
0.50
0.70
1.70

12/16/2013

AAG
AA
AA
AAG

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

2.40
1.20
0.50
3.80

12/17/2013

AAG
AAG
AA

2.30
1.00

AAG
AAG

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

12/18/2013

LG
AAG
JLB
AA
AA

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)

0.10
5.90
2.30
3.50
0.90

12/19/2013

AA

research re mot to stay

1.90

12/20/2013

AA
AA

draft/research mot to stay
read Utah decision and draft and filie notice of supp authority

1.30
0.50

12/23/2013

JLB
AAG

0.50

JLB

General Issues review decision
General Issues - review utah decision, review our decision and email with
clients and counsel
Review decision

JLB

General Issues review fees

0.10

12/24/2013

6.90
3.00
0.50

2.50
0.50

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

MARRIAGE

Hours
0.70

01/06/2014

AA

researching utah case

01/07/2014

AA

research briefing utah case

0.20

01/08/2014

AA

call to potential witness/client

0.10

01/14/2014

AA

reading oklahoma case

0.20

01/21/2014

AAG
AA

General Issues - telephone conference with aclu re next steps on appeal
Telephone conference with Steve Snyder-Hill

0.20
0.20

01/27/2014

AA

read/revise complaint

0.40

01/28/2014

AAG

General Issues - telephone conference with chase and james and draft memo
afterwards, review status of other cases

0.70

01/30/2014

AA

Read WV case decision

0.20

02/04/2014

AA

call Grunn re corporate disclosure statement

0.10

02/05/2014

LG
JLB
LG
AAG
AA

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

1.00
5.90
3.50
0.60
1.10

02/06/2014

JLB
JLB
AA

Review time sheets, edit, delete hours worked
General Issues-final review of timesheets
revising time sheets for fee petition

1.60
0.10
0.60

For Current Services Rendered

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

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

707.55
RECAPITULATION
Hours
238.30
234.00
119.80
77.90
20.75
11.60
3.80
1.40

Hourly Rate
$225.00
450.00
130.00
85.00
350.00
385.00
100.00
100.00

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,

193,361.50

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

400.00
12.56
23.33
14.00
1,488.40

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

MARRIAGE

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

Balance Due

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

$207,114.04