Exhibit J

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UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

STACIE RAY, et al. 

Plaintiffs, 

v. Case No.: 2:18-cv-00272-MHW-CMV 

STEPHANIE MCCLOUD, Director, Ohio 

Department Health, et al., 

Defendants. 

DECLARATION OF MALITA PICASSO 

Pursuant to 28 U.S.C. 1746 

I, Malita Picasso, declare under penalty of perjury that the following is true and correct to 

the best of my knowledge and belief: 

1. I am above the age of 18, I am competent to testify, and I have personal 

knowledge of the matters contained in this declaration.

2. I am a Legal Fellow at the national American Civil Liberties Union (national 

ACLU), and I represent Plaintiffs in this litigation.

3. The national ACLU is a nationwide non-profit organization that relies upon the 

contributions of its members and supporters, and in part upon attorney fees 

incurred in litigation, to fund its operations. 

4. I am licensed to practice law in New York and I have been since March 4, 2020. 

5. On January 8, 2021, the Court granted me leave to appear pro hac vice as CoCounsel in this matter. Ray v. Director, Ohio Department of Health, 2:18-cv00272-MHW-CMV, ECF 83 (S.D. Ohio Jan. 8, 2021) (notation order granting 

Judge: Michael Watson 

Magistrate Judge: Chelsey Vascura 

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motion for leave to appear pro hac vice).

6. I have experience working on complex constitutional and other federal civil rights 

litigation similar to the work I performed in this lawsuit.

7. My resume detailing my professional qualifications is attached to this Declaration 

as Exhibit J-1. 

8. My hours expended working on this case are attached to this Declaration as 

Exhibit J-2.

9. The time expended and costs incurred have been reasonable, and the records 

submitted are an accurate reflection of the time I expended in this case. I 

documented my time in six-minute increments.

10. I exercised billing judgment to prepare these time records. For example, I did not 

list time for many small tasks or for any tasks that did not take at least six minutes 

to complete. 

11. The reasonable hourly rate for my work is $200.

12. I am using a fair market rate for my time, compared to local rates for an attorney 

who graduated in 2019 and practices in this field. The rate I am seeking 

compensation for is lower than the rate I would regularly use in my typical 

practice region of New York City, which is $325. These conclusions are based in 

part on the guidance published by the Ohio State Bar Association, attached to the 

Fee Petition in this case as Exhibit A.

13. The lodestar figure for my wok on this case, determined by multiplying my 

reasonable hours expended by my reasonable rate, is 17.5*200 = $3,500. 

Dated: February 1, 2021 

By: /s/ Malita Picasso 

Malita Picasso (5750013) 

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American Civil Liberties Union 

LGBT & HIV Project 

125 Broad Street, 18th Floor 

New York, NY 10004 

Phone: (212) 549-2561 

Email: mpicasso@aclu.org 

Attorney for Plaintiffs

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