HomeMy WebLinkAbout239557 11/25/14 a^% ���� CITY OF CARMEL, INDIANA VENDOR: 00353406
ONE CIVIC SQUARE KRIEG DEVAULT CHECK AMOUNT: $*"'61,921.12•
x ,?� CARMEL, INDIANA 46032 ONE INDIANA SQUARE,STE 2600 CHECK NUMBER: 239557
9.y«oN�. INDIANAPOLIS IN 46204 CHECK DATE: 11/25/14
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
902 4460807 395302 61,921.12 PERFORMING ARTS CENTE
One Indian
a Square
Suite 2800(2) _KRIECIDEVAULT.
Indianapolis,IN 46204-2079
T:317.636.4341
F:317.636.1507
Fed.EIN#35-1055087
WWW.KRIEGDEVAULT.COM
Carmel Redevelopment Commission
Les Olds, AIA,Executive Director 10-2 7-1 4 P 0 6 : 01 R 0 V D
30 West Main Street, Suite 220
Carmel,IN 46032
October 21,2014
Invoi.ce Number 395302
Our File#: CRML 00001 ABB
Performing Arts Center Claims
FOR PROFESSIONAL SERVICES RENDERED THROUGH September 30, 2014
09/01/14 RSS Analysis of issue related to matters in preparation of hearing with Judge Nation;review of
issues for damages, discovery, case management plan and going forward strategy;follow
up on matters related to the same;
1-50 415.00/hr 622.50
09/01/14 TJC Prepared for September 2,2014 status conference with the court to address timing of
damages hearing on summary judgment entered on tension ring issues.
0.50 495.00/hr 247.50
- 09/02/34 BPH---Attend-teteplrankc-status cm�ference-with-all-counsel-and Judge-Nation-regarding-deadlines-
prior to trial on damages. Discuss motion to reconsider by SS&E and strategize regarding
implications on deadlines and current trial setting. Analyze additional discovery requests
from SS&E in preparation to draft written responses thereto.
0.80 230.00/hr 184.00
09/02/14 MQ Review and analysis of issues regarding possible appeal and settlement discussions
0.25 440.00/hr 110.00
09/02/14 RSS Analysis of issues for hearing on evidentiary matters; review of issues related to damages;
attend hearing on damages;follow up on the same;
2.00 415.00/hr 830.00
09/02/14 TJC Participated in status conference with the court.
0.50 495.00/ht- 247.50
INDIANAILLINOIS GEORGIA • r• M MIESOTA
CRML 00001 Page 2
Invoice#395302
09/03/14 BPI-! Strategize regarding responses to SS&E's third requests for production and interrogatories.
Analyze client documents in preparation to produce the same and draft written responses
to same. Coordinate with litigation support regarding upcoming production.
0.90 230.00/hr 207.00
0.9/03/14-... MQ ..._Review and analysts-of-issuesiegarding-interlocutory-appeal:--
0.25 440.00/hr 10.00
09/03/14 RSS Working on damages and mediation;
2.00 415.00 Air 830.00
09/03/14 TJC Addressed issues.related to damages and mediation.
0.50 495.00/hr 247.50
09/04/14 BPH Draft and revise responses to SS&E's Third Set of Interrogatories. Draft and revise
responses to SS&E's Third Requests for Production. Review client documents related to .
damages in preparation to produce the same. Compile documents related to damages,
remediation,professional consulting, settlements and contracts with subcontractors in
preparation to produce the same. Review all documents for privileged and confidential
information.
- 4.60 230.00/hr 1,058.00
09/04/14 GTS Prepare documents for attorney review in preparation for production of documents in
response to Request for Production.
0.25 195.00/hr 48.75
09/04/14 MJM Address issues relating to SJ Motion and next steps-potential appeal and timeline.
Address strategy for potential mediation with surety.
0.80 495.00/hr 396.00
09/04/14 RSS Review and analyze issues related to damages and strategy going forward with Mediation;
prepare for Mediation and issues related to the same;
2.00 415.00/hr 830.00
09/05/14 BPH Perform final review of documents to be produced in response to SS&E's requests for
production. Perform calculations of total damages based upon pre-litigation,dome failure,
truss failure; and other expenses in preparation to respond to S&E's discovery requests.
Perform legal research regarding IMMMWn conjunction with the same.
Analyze CRC meeting minutes in relation to document requ sts from SS&E. Make final
preparations to produce documents responsive to requests and produce the same.
4,60 230.00/hr 1,058.00
09/05/14 GTS Prepare documents for production in response to Request for Production.
2 25 I95.00/hr 438.75
09/05/14 LYG Assist with appellate procedural issues in anticipation of po ible interlocutory appeal
from opposing party after trial court's summary judgment ruling in Carmel's favor.
C.25 435.00/hr 108.75
CRM L 00001 Page 3
Invoicefi 395302
09/05/14 MQ Review and analysis of issues regarding interlocutory appeal a settlement discussions.
0.5 440.00 /hr 220.00
09/05/14 RSS Preparation for meeting; analysis of darnages and liability; str L egize; analysis of appeal
matters;
r
-09/05/14 TJC Meeting with client to prepare for mediation. Attention to damages and mediation issues.
nb �O/hr 990.00
09/08/14 RSS Follow up on Mediation Matters;strategize on matters related -.0 the same;
LCO 415.00/hr 415.00
09/08/14 TJC Receipt and review of court order following status conference,
0. 0 495.00/hr 99.00
09/09/14 RSS Work on mediation statement; call with SSE counsel on medi tion and damages;analysis
of issues related to lam ' strategize for mediation; review and follow tip on issues
related to the same; cal with Mediator on matters related to ediation; call with Mike
Anderson matters related to mediation; 3.50 415.00/hr 1,452.50
09/09/14 TJC Conference call with mediator. Prepared for mediation. Ana ysis of materials to be
provided to mediator. 1.40 495.00/hr 693.00
09/10/14 BPH Analyze change orders received from Mike Anderson related to document requests from
SS&E. Plan and prepare to draft mediation statement for upc:)ming mediation.
0.50 230.00/hr 115.00
09/10/14 RSS Follow up on matters related to damages and mediation;review of issues on the same;
1.1 7 415.00/hr 622.50
09/10/14 TJC Review and analysis of d�documentation provided by hiel Sexton.
0.50 495.00/hr 247.50
09/11/14 RSS Call with WPM on matters related to Mediation,jOINN"' eport and issues on the
same;strategize regarding mediation and matters following; review of issues on the same;
-follow tip on matters related to SSE; 2 50 415.00/hr 1,037.50
09/11114 TJC Addressed dam
s issues related to mediation.
0.50 495.00/hr 247.50
09/12/14 BPI] Analyze comprehensive dgmig"e spreadsheet in preparation to draft confidential
mediation statement to slibsubmitto mediator prior to upcomin , mediation. Draft
confidential mediation statement. .30 230.00/hr 529.00
CRML 00001 Page`t
Invoice#395302
09/12/14 RSS Calls with Pfenne Cantrell, SSE, related to mediation and discovery; review and
preparation of mediation statement and mediation; analysis of issues and strategy on the
same; call with Mediator on matters related to mediation;
4.5 0 415.00/hr 1,867.50
'09/15/14----BPH Analyze total" a and"bieakclowi� of damages-attr'ibtltable to SS&E as oppose to - .. _.._.
those attributable to LHB or other sources. Analyze amages
attributable to both per contract provisions. Draft and revise confidential mediation
statement in preparation for upcoming mediation. Teleconfere ice with opposing counsel
regarding scheduling deadlines and potential extension of tim to respond to pending
motions.
6. 0 230.00/hr 1,403.00
09/15/14 GTS Prepare documents produced by Hagerman in response to third-party request for attorney
review.
0.�0 195.00/hr 97.50
09/15/14 MGB - Research Indiana and related federal case law regardin
1.30 215.00/hr 279.50
09/15/14 RSS Prepare matters related to Mediation; review and analyze issues related to Mediation
Statement and damage; follow up on the same; strategize goxg forward;
4. 0 415.00/hr 1,867.50
09/15/14 TJC Addressed damages issues in connection with mediation preparation;attention to pending
deadlines in a case in the event mediation is not successful.
0.50 495.00/hr 247.50
09/16/14 BPH Perform legal research regarding in co junction with additional
._^. _ _
-- damages-relative to=tension-ringco�indetion-da�ina,�es=Comp leand-calculate darrra es fo�_..___—
tension ring connections, truss issues, and additional connection defects. Strategize with
Mr. Costakis and Mr. Schein regarding anticipated argument from both SSE and LHB
regarding Continue drafti g and revising mediation
statement in preparation for upcoming mediation.
6 30 230.00/hr 1,449.00
09/16/14 LYG Review and analyze motion to reconsider, motion for relief torn judgment under Trial
Rule 60(B), and motion to certify order for interlocutory appal. Conduct research on
Review appellate rules and trial r les governing deadlines for
same. Starting to draft email summarizing response deadlines ,next steps,and various
legal points of leverage in connection with pending motionsnd possible gweal.
2 00 435.00/hr 870.00
0.9/16/14 RSS Review and analyze issues related to Mediation statement; draft and revise the same;
follow up with Mediator and related parties; call with WPM on matters related to
Mediation and discovery; follow up with Corrie Meyer on rn atters related to the same;
analyze strategy and going forward matters;
.00 415.00/hr 2,490.00
0000 Page 5
CRML 1
invoice#395302
09/16/14 RSS Call with Pfenne Cantrell regarding mediation, depositions and discovery matters; follow
up on issues related to the same;
1.00 415.00/hr 415.00
09/16/14 TJC Preparation for mediation; receipt and review of communications from mediator; attention
_._.........--to suninary of darrrna es and-breakdown between-various categories.._-.-._.._..-..__ .__..__ _.___...-_.......___.....__..-.
1.50 495.00/hr 742.50
09/17/14 BPH Receipt and analysis of SS&E's Motion to reconsider, or in the alternative,motion for
relieve from judgement. Strategize regarding response in opposition to the same. Receipt
and analysis of SS&E's Motion to certify summary judgment order for interlocutory
appeal. Strategize regarding timeline of potential appeal and effect on December trial
setting. Draft summary of pertinent deadlines regarding same. Make additional revisions
to confidential mediation statement in preparation for upcoming mediation. Perform legal
research regarding ggWamages and ability to
amage.
4.70 230.00/hr 1,081.00
09/17/14 LYG Completed drafting detailed email summarizing deadlines and appellate procedural issues,
and setting forth points of leverage with respect to pending motion to reconsider,motion
to certify, and motion for relief from judgment going in to mediation.
1.50 435.00/hr 652.50
09/17/14 RSS Prepare for mediation; review of damages issues; analyze defenses and strategy going
forward;review of filings by SS ; analyze appeal issues;
5.00 415.00/hr 2,075.00
09/17/14 TJC Revised and edited draft of mediation statement. Review and analysis of data related to
percentage of interlocutory appeals accepted by the court of appeals and percentage of
- — - _T�reversals b-_the caur r-ofta eats eneratL_and O-WgOl Tati_orta
- - pp; -g y-
1.50 495.00/hr 742.50
09/18/14 BPH Update and revise correspondence to opposing counsel regarding upcoming mediation and
revised damages calculations including interest. Multiple Teleconferences with Walter P
Moore regarding finalization of damcalculations for multiple categories in
preparation for upcoming mediation. Analyze documents received from Shiel Sexton
relating to claim settlement and change orders with subcontractors in advance of
mediation.
3.50 230.00/hr 805.00
09/18/14 LYG Planning tale' ndaring of deadlines and next steps for briefing.
0.25 435.00/hr 108.75
09/18/14 RSS Prepare for mediation; analyze issues related to the same;correspond with parties and
mediator on matters related to dama es and going forward issues;follow up with counsel
on issues related to mediation;analyze issues going forward; prepare for mediation;
strategize on the same;
7.50 415.00/hr 3,112.50
CRML 00001 Page 6
Invoicelf 395302
09/18/14 TJC Prepared for mediation. Attention to 4&g1&qca issues. Considered issues related to surety.
1.00 495.00/hr 495.00
09/19/14 BPH Assist in preparation for mediation relating to d1'aalculations. Investigate Ohio
Farmers Insurance Co, aka the Westfield Group in support of mediation efforts. Perform
legal-research-regarding -insurersfor-
and
orand for
2.80 230.00/hr 644.00
09/19/14 LYG Follow up to confirm calendaring of applicable deadlines under trial and appellate ru
0.25 435.00/hr 08.7
09/19/14 MQ Analysis of possible deposit with Court regarding settlement negotiations.
0.25 440.00/hr 110.00
09/19/14 RSS Prepare for mediation; attend mediation;follow up on issues related to mediation and
potential settlement;
11.00 415.00/hr 4,565.00
09/19/14 TJC Participated in mediation with client.
9.00 495.00/hr 4,455.00
09/22/14 BPH Strategize regarding outcome of mediation and case status going forward. Plan and
prepare to draft motions for extension of time to respond to certain motions from SSE.
Draft and revise Motion for extension of time to respond to SSE's Motion for partial
summary judgment and proposed order granting the same. Draft and revise motion for
extension of time to respond to SSE's motion to exclude certain expert testimony and
proposed order granting the same.
2.10 230.00/hr 483.00
09/22/14 RSS Follow up on matters regarding mediation and go forward strategy; analyze issues related
to salient deadlines; analyze issues related to potential settlement and resolution with
LHB.
2.50 415.00/hr 1,037.50
09/22/14 TJC Review and analysis of draft partial settlement agreement forwarded by mediator.
Prepared for court conference.
0.50 495.00/hr 247.50
09/23/14 BPH Revise motion for extension of time to respond to SSE's Motion for partial summary
judgment and motion to exclude certain expert evidence and prepare to file same.
0.30 230.00/hr 69.00
09/23/14 RSS Analysis of issues.related to settlement, appeal issues and matters on the same; call with
Mediator to follow tip on settlement discussions;work on the same;follow up with
strategy; review of filings and outstanding matters; call with opposing counsel related to
outstanding issues and matters going forward;
:1:50 415.00/hr 1,452.50
CRML 00001 Page 7
l nvoicell 395302
09/23/14 TJC Addressed post mediation follow up issues. Prepared for Court conference.
1.00 495.00/hr 495.00
09/24/14 BPH Participate in lengthy telephonic hearing with all counsel and Judge Nation regarding case
management deadlines, discovery issues and upcoming hearing schedules.
....1..:00.-._-230.001lu
09/24/14 LYG Further strategy and analysis regarding responding to motion to reconsider/certify/relief
from judgment,andhandling in written response and at hearing.
0.25 435.00/hr 108.75
09/24/14 MQ Follow up regarding settlement discussions and on-going litigation.
0.25 440.00/hr 110.00
09/24/14 RSS Analysis of issues related to mediation and hearing; review of matters related to Motion to
Reconsider and Motion to Certify;follow up on the same;call with counsel on the same;
attend tele honic hearin on matters related,to CMP and case going forward;follow up on
the same; o ow h w1 i mediator on potential settlement matters;
4.50 415.00/hr 1,867.50
09/24/14 TJC Earticipated i ere e. Communications among opposing counsel and mediator
relate to settlement with LHB and Creviston. Strategized regarding response to SSE's
petition to certify and motion to reconsider; and SSE's motion for partial summary
judgment on
2.00 495.00/hr 990.00
09/25/14 LYG Further strategy and analysis in preparation for opposing various motions filed by
defendant regarding appeal,certification of summary judgment order,motion for relief
from judgment, and request for reconsideration. Starting to draft combined response to
0.75 435.00/hr 326.25 �-
09/25/14 RSS Review and analyze appeal matters and response to the same;call with Bill Hammer on
matters related to the same; call with Corrie Meyer on matters related to the same; review
of strategy going forward;
2.00 415.00/hr 830.00
09/26/14 LYG Drafting Combined Response to Motion to Reconsider,Motion for Relief from Judgment,
and Motion to Certify, including introduction, summary of argument, and argument on
reconsideration. Starting to work on section related to motion for relief from judgment.
2.25 435.00/hr 978.75
09/26/14 RSS Analysis of issues related to appeal and follow up on response to the same;analysis of
strategy with response to arguments on the same;
1.50 415.00/lir 622.50
09/26/14 TJC Addressed issues related to appeal,production of�file documents, mediation and
teens of settlements with LI-IB and Creviston.
CRML 00001 Page 8
Invoice#395302
1.00 495.00/hr 495.00
09/29/14 LYG Completed draft,editing, and revising combined response to motion to reconsider,motion
for relief from judgment, motion to certify.
2.50 435.00/hr 1,087.50
09/29714 RSS - - - - `tibes"olid sub-oenas;analysis of issues gelated to the same; - - --
analysis of issues related to appeal response and matters going forward; review of
settlement matters and follow up on the same; call with Mediator on inatters related to
settlement;analysis of issues on the same;correspond with Corrie Meyer,Bili Hammer,
Doug Haney and Mayor Brainard;review and follow up on settlement with Mediator;
3.50 415.00/hr 1,452.50
09/29/14 SJR Prepare incoming document Production from and import into
Relativity database.
A101 1.00 185.00/hr 185.00
09/29/14 TJC iew rind analysija' deposition and subpoenas related to Hagerman,
CPS, Circle B, SYel Sexton,Purdy. Communications WITH client eam related to status,
strategy,and mediation scheduling. Addressed issues related to sequencing of mediation
in light of appeal and pending hearings.
1.30 495.00/hr 643.50
09/30/14 LYG Strategy and analysis regarding how to handle new affidavit submitted by Defendants.
Conducting additional research regarding same. Conducting additional research on
summary judgment and , Expand on draft
of combined response to motion to reconsider,motion for relief from judgment, and
motion to certify to address new arguments/points.
2.25 435.00/hr 978.75
—-- 09/30114—RSS--Analyze issues-related=to=response-to-Motion-to Reeonsidei-and=Motion-to=CertiTy=review
and work on response to the same; analyze issues related to depositions and matters going
forward;review of respective notices of depositions and follow up on issues related to the
same; review and follow up on matters related to the same;
4.00 415.00/hr 1,660.00
09/30/14 SJR Finalize preparing incoming document Production from and import
into Relativity database.
A110 0.50 185.00/hr 92.50
09/30/14 TJC Revised and edited draft of combined response to SSE and Ohio's motions to correct error
and for certification for interlocutory appeal. Follow up on related issues with legal team.
0.90 495.00/hr 445.50
Total Fees for this Matter: 165.65 62,437.75
TJC Costakis,Thomas J. 26.30 hrs 495.00/hr 13,018.50
MGB Gaston-Bell, Michael A. 130 hrs 215.00/hr 279.50
CRML.00001 Page 9
Invoicell395302
LYG Goodknight,Libby Y. 12.25 hrs 435.00/hr 5,328.75
BPl-1 l Zoller, Blake P. 40.50 hrs 230.00/hr 9,315.00
MJM Merkle, Mark J. R. 0.80 hrs 495.00/hr 396.00
MQ Quigley, Marc T. 1.50 hrs 440.00/hr 660.00
SJR Roberts, Steven J. 1.50 hrs 185.00/hr 277.50
RSS Schein, Robert S. 78.50 hrs 415.00/hr 32,577.50
--..-585-.00-----
Total: 165.65 hrs $ 62,437.75
Federal Express 13.39
Photocopies 3.80
09/17/14 Computerized Research- Westlaw 56.38
09/17/14 Computerized Research-Westlaw 42.91
09/17/14 Computerized Research- Westlaw 286.91
09/30/14 Computerized Research-Westlaw 857.48
Total Disbursements for this Matter: $ 1,260.87
TOTAL FEES: $ 62,437.75
TOTAL DISBURSEMENTS: $ 1,260.87
TOTAL CHARGES FOR THIS BILL: $ 63,698.62
Less Fee Reduction: $ (1,000.00)
PLEASE PAY THIS AMOUNT $ 62,698.62
50
-- . Th'►s-invoice-is-due
Please make checks payable to Krieg DeVault LLP and reference the invoice number.
L h�U9�S
61 �, ►z
Prescribed by State Board of Accounts City Form No.201(Rev.1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to.be properly itemized must show: kind of service, where performed, dates service rendered, by
whom; rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee'
Krieg e VAI Purchase Order No.
he �nd�n� �G�rP S�ii�e 2 $�D Terms
Date Due.
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
far
Total b I 12
I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accor
dance with IC 5-11-10-1.6.
, 20
IClerk-Treasurer
VOUCHER NO. WARRANT NO.
ALLOWED 20
k1� IN SUM OF $
n� Z n�i�nct S�u�l_ eTSaie 2900
� ha��h�ba`is �TN �'� 620��207� •.
7
ON ACCOUNT OF APPROPRIATION FOR
Cnsti
Board Members
Po#or INVOICE NO. ACCT#/TITLE AMOUNT
DEPT.# I hereby certify that the attached invoice(s),
902— 3953 o 2 `+4g 0 6 Ijzl. or bill(s) is (are) true and correct and that
the materials or services itemized thereon
for which charge is made were ordered and
received except
—COMA-i M0A0A6_e_'
Title
Cost distribution ledger classification if
claim paid motor vehicle highway fund