Exhibit N

Case: 2:18-cv-00272-MHW-CMV Doc #: 87-38 Filed: 02/01/21 Page: 1 of 4 PAGEID #: 3277
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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. 

SECOND DECLARATION OF TESS SABO 

Pursuant to 28 U.S.C. 1746 

I, Tess Sabo, 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 Paralegal with the American Civil Liberties Union of Ohio Foundation (“ACLU 

Ohio”) and assisted attorneys to Plaintiffs in this litigation.

3. At the instruction of Plaintiffs’ counsel, I collected records of the costs incurred in 

prosecution of this case. I worked with the attorneys from each counsel group to review 

the total costs incurred. 

4. At the attorneys’ direction, I assisted in cutting down the actual costs incurred to prepare 

records of the more limited costs Plaintiffs are seeking to recover in their fee petition.

5. From Thompson Hine, Plaintiffs determined not to seek any of the costs expended, as an 

exercise of billing judgment. Thompson Hine assisted pro bono on the case.

Judge: Michael Watson 

Magistrate Judge: Chelsey Vascura 

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6. From American Civil Liberties Union Foundation, Inc. (“ACLU”) I received a true and 

correct summary of their costs incurred in this litigation, generated using financial record 

systems maintained by the organization, and attached as Exhibit N1. I helped the 

attorneys to review this and ultimately limit which costs are sought in the fee petition.

7. From Lambda Legal Defense and Education Fund (“Lambda Legal”) I received a true 

and correct summary of their costs incurred in this litigation, generated using financial 

record systems maintained by the organization, attached as Exhibit N2. I helped the 

attorneys to review this and ultimately limit which costs are sought in the fee petition.

8. From ACLU Ohio accounting staff I received a true and correct summary of our costs 

incurred in this litigation, generated using financial record systems maintained by the 

organization, attached as Exhibit N3. I helped the attorneys to review this and ultimately 

limit which costs are sought in the fee petition.

9. In exercising billing judgment, Plaintiffs’ counsel chose to omit all ordinary and 

incidental expenses such as fees for office overhead, research databases, software, meals, 

lodging, and non-air travel. 

10. Plaintiffs do seek costs expended on court reporting deposition services, expert witness 

fees, major travel expenses including air travel, and filing fees associated with the case. 

11. Regarding expert witness costs, pursuant to agreement, each party remitted the cost of the 

other party’s expert. Therefore Plaintiffs expended, and now seek, the costs they paid to 

Defendants’ expert, Quentin Van Meter. Plaintiffs only seek costs for which they did not 

already bill Defendants.

12. Additional supporting documentation can be provided if necessary.

13. A summary of costs for which Plaintiffs seek recovery is attached as Exhibit N4.

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Dated: February 1, 2021 

By: /s/ Tess Sabo 

Tess Sabo 

ACLU of Ohio Foundation 

1108 City Park Ave., Ste. 203 

Columbus, OH 43206 

Phone: 614-586-1972 x2013 

Fax: 614-586-1974 

tsabo@acluohio.org 

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