Exhibit B

Case: 2:18-cv-00272-MHW-CMV Doc #: 87-3 Filed: 02/01/21 Page: 1 of 4 PAGEID #: 3116
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 

 Judge Michael. H. Watson 

 Magistrate Judge Chelsey Vascura 

STEPHANIE MCCLOUD, Director, Ohio 

Department Health, et al., 

Defendants. 

DECLARATION OF FREDA J. LEVENSON 

Pursuant to 28 U.S.C. 1746 

I, Freda J. Levenson, 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 the Legal Director at the ACLU of Ohio Foundation (ACLU of Ohio), and I 

represent Plaintiffs in this litigation.

3. The ACLU of Ohio is a statewide 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 Ohio and Illinois. I have been licensed in Ohio 

since 1990, and in Illinois since 1976. 

5. I am also admitted in the United States District Court for the Northern and 

Southern Districts of Ohio, the Sixth Circuit Court of Appeals, and the United 

States Supreme Court.

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6. I have significant 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 B-1. 

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

Exhibit B-2.

9. I kept contemporaneous time records and documented my time in six-minute increments. 

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. 

10. I exercised billing judgment to exclude time that was not reasonably related to the 

successful prosecution of the case and to exclude time for small tasks that did not total at 

least six minutes. Time expended in writing and reading a number of email 

communications, both written and received by me, and short conversations with co-counsel 

and others, are not included in my records. 

11. I also exercised judgment in performing work on this case. As the Legal Director, 

the time I incurred was largely in supervising, advising, and editing the work of 

more junior attorneys who expended more time on the litigation. 

12. The reasonable hourly rate for my work is $500. 

13. I am using a fair market rate for my time, as an attorney in the Cleveland area 

with several decades’ experience who practices in this area. I believe this rate is 

comparable to similar attorneys in my region. 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.

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

reasonable hours expended by my reasonable rate, is 52.5*500 = $26,250. 

Case: 2:18-cv-00272-MHW-CMV Doc #: 87-3 Filed: 02/01/21 Page: 3 of 4 PAGEID #: 3118
Dated: February 1, 2021 

/s/ Freda J. Levenson 

Freda J. Levenson 

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