HomeMy WebLinkAbout240551 12/30/2014 9,�% �,qMf. CITY OF CARMEL, INDIANA VENDOR: 00353406
J ONE CIVIC SQUARE KRIEG DEVAULT CHECK AMOUNT: $****64,855.54*
INDIANAPOLIS,a; CARMEL, INDIANA 46032 ONE INDIANA SQUARE,STE 2800 CHECK NUMBER: 240551
.y«oN INDIANAPOLIS IN 46204 CHECK DATE: 12/30/14
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
902 4460807 397311 64,855.54 PERFORMING ARTS CENTE
One Indiana Square
I<I I E G DEM
Suite 2800
Indianapolis,IN 46204-2079
T:317.636.4341
F:317.636.1507
Fed.E1N#35-1055087
•
Carmel Redevelopment Commission
Corrie Meyer, Executive Director
20 West Main Street, Suite 220 12-12-1 4 P 0 2 11 R C V D
Carmel,IN 46032
November 20,2014
Invoice Number 397311
Our File 4: CRML 00001 ABB
Performing Arts Center Claims
FOR PROFESSIONAL SERVICES RENDERED THROUGH October 31, 2014
10/01/14 BPH Review documents related to #MMMW during remediation and production documents
related to the same in conjunction with ongoing settlement discussions. Analyze 40M
4NOW contracts and costs related to same. Coordinate with Litigation Support regarding
same.
1.40 230.00/hr 322.00
10/01/14 LYG Finalize and circulate revised draft of combined response to motion to reconsider,motion
for relief from judgment, and motion to certify. Clarify changes and additions made.
0.25 435.00/hr 108.75
10/01/14 RSS Work on matters related to damages;review of issues related to appeal motions; call with
Mediator on settlement matters;.analysis of issues on the same; review of issues related to
settlement with LHB; call with Shiel-Sexton on deposition notice; call with Andy
Englehart on matters related to deposition notice;
5.00 415.00/hr 2,075.00
10/01/14 TJC Receipt,review and analysis of Court's order following status conference. Reviewed and
edited draft of combined response to motion for relief from judgment,motion to
reconsider and motion for certification. Analysis of mediation issues including
information learned from mediator, including retention of separate counsel �*
1.20 495.00/hr 594.00
10/02/14 LYG Follow up on re-calendaring of deadlines now that court has set motion to certify for
hearing. Strategy regarding summary judgment record arguments in connection with our
ILLINOISINDIANA •RGIA FLORIDA MINNESOTA
CRML 00001 Page 10
Invoice#397311
TOTAL DISBURSEMENTS: $ 434.19
TOTAL CHARGES FOR THIS BILL: $ 65,407.54
---T-his-invoice-is-due-upan receipt j S
Please make checks payable to Krieg DeVault LLP and reference the invoice number.
CRML 00001 Page 2
Invoice#397311
combined response.
0.50 435.00/hr 217.50
10/02/14 RSS Work on matters related to potential settlement;review of matters related to depositions
and going forward matters; calls on the same;review and finalize matters related to
______,...___—_ ._--response to__appeal motions;_anaLyzesss.ues,.on the_same;_.—_ A____- ._.__, ___.__..._
3.00 415.00/hr 1,245.00
10/03/14 RSS Review and work on matters related to appeal motions,upcoming deadlines and related
matters;follow up settlement discussions and issues related to Mediation;review and
analyze strategy going forward;
2.00 415.00/hr 830.00
10/06/14 RSS Follow up on matters related to settlement agreement and outstanding issues; analyze
damages and matters on the same;review of upcoming deadlines and hearing matters;
1.50 415.00/hr 622.50
10/07/14 BPH Strategize with Mr. Schein regarding upcoming depositions,filing deadlines,response to
summary judgment, response to motion to exclude expert testimony, and documentation
and testimony on damages at December trial.
0.60 230.00/hr 138.00
10/07/14 MQ Review and analysis of issues regarding settlement and release with engineer.
0.50 440.00/hr 220.00
10/07/14 RSS Call with Pete Shroeder on matters related to settlement and potential resolution;review
and analyze issues related to outstanding matters,upcoming deadlines, summary judgment
matters,hearing matters and depositions; follow up on issues related to the same;
2.50 415.00/hr 1,037.50
10/07/14 TJC Communications among mediator, opposing counsel and client team related to potential
mediation. Strategized regarding mediation,pending motions, upcoming-hearings and
depositions.
1.20 495.00/hr 594.00
10/08/14 RSS Calls to and with Pete Schroeder; analyze issues on settlement and matters going forward;
review and work on matters related to the same; analysis of issues related to damages;
review and analyze matters involving depositions and damages hearing;work on the
same;
3.50 415.00/hr 1,452.50
10/08/14 TJC Addressed mediation issues. Attention to issues related to pending deposition notices.
0.50 495.00/hr 247.50
10/09/14 BPH Strategize with Mr. Schein regarding preparation for upcoming Rule 30(13)(6) depositions
of subcontractors, documents necessary for the same and preparation for the same. Plan
and prepare to draft response to SSE's motion for partial summary judgment. Plan and
prepare to draft response to SSE's motion to exclude expert testimony.
2.20 230.00/hr 506.00
CRML 00001 Page 3
Invoice#397311
10/09/14 RSS Review of matters related to Ruby discovery and SSE outstanding issues; follow up on
appeal matters and damages hearing; follow up on matters related to settlement and issues
involving depositions; analysis of matters on the same;
2.00 415.00/hr 830.00
10/09/14 TJC Addressed issues related to damages in anticipation of further mediation and depositions
scheduled by SSE.
0.50 495.00/hr 247.50
10/10/14 BPH Perform legal research regarding Trial Rule 56(C) and summary judgment standards in
preparation to draft response in opposition to Motion for Partial Summary Judgment.
Draft and revise response in opposition to same. Strategize regarding response to motion
to exclude evidence and arguments to be made in opposition thereto.
4.40 230.00/hr 1,012.00
10/10/14 RSS Analyze issues related to filing motions and related matters; follow up on the same;
1.00 415.00/hr 415.00
r
10/13/14 PH Draft and revise response in opposition to SSE's Motion for Partial Summary Judgment.
Extensive strategy conference with Mr. Schein and Mr. Costakis regarding same.
Strategize regarding damages analysis in preparation for upcoming 30(b)(6) depositions.
500 Compile damages documents in preparation for upcoming depositions.
'9-5-(Y 230.00/hr 805.00
10/13/14 RSS Call with Mediator, Pete Schroeder on matters related to settlement and potential
mediation; call to Ohio Farmers counsel on settlement matters; analyze strategy issues
going forward; review and analyze issues related to depositions,hearing and damages; call
with expert related to the same; call to Shiel Sexton on matters related to deposition;
follow up on issues related to the same;
3 4.50 415.00/hr 1,867.50
10/13/14 TJC Strategy regarding hearing set for October 21. Addressed issues related to claiming
damages for orange connections.
1.00 495.00/hr 495.00
10/14/14 BPH Analyze depositions transcripts of Larry Griffis and Hakim Bouadi regarding
testimony and related damages. Analyze same in conjunction with
arguments in opposition to SSE's Motion to Exclude Testimony and Motion for Partial
Summary Judgment as to additional connections. Analyze invoices related related to costs
incurred from Circle B, Poynter, Alt & Witzig, CPS and CSO in conjunction with
upcoming depositions of representatives of same.
6.40 230.00/hr 1,472.00
10/14/14 MQ Analysis of 30(B)(6) deposition notice and proposed deposition of expert witnesses.
0.40 440.00/hr 176.00
10/14/14 RSS Preparation of matters related to depositions;preparation of matters related to hearings
and damages matters; review and follow up on the same; calls with Mark Sanchez on
Page 4
CRML 00001 Pa g
Invoice#397311
settlement matters; analysis of issues related to the same; strategize related to matters
involving damages hearing and upcoming depositions; work on the same;
5.00 415.00/hr 2,075.00
10/14/14 TJC Conference call with Walter P Moore. Strategy regarding preparation for the hearing on
____ October_2.1.,_response to_the_S.SE_motionfor-partiaLsummary judgment,_the_pending_effort__.
to appeal, and mediation.
1.70 495.00/hr 841.50
10/15/14 BPH Review and analyze all subcontractor invoices, expert invoices, legal invoices, change
orders, claim settlements,truss retrofit invoices and consulting invoices to determine and
confirm total damages for each category in preparation for upcoming depositions. Update
and revise comprehensive spreadsheet of damages with results of same. Receipt and
review of incoming Walter P. Moore invoices. Redact invoices in preparation for
upcoming supplemental production. Strategize regarding upcoming hearing on
bifurcation issues and proposed case management plan to conform thereto.
5.90 230.00/hr 1,357.00
10/15/14 RSS Analysis of damages matters; work on matters related to damages hearing, depositions and
issues related to hearing on CMO; review and and follow up on Summary Judgment
matters and Motion to Exclude Evidence; strategize on issues related to the same;
3.00 415.00/hr 1,245.00
10/15/14 RSS Call with WPM on matters related to strategy and hearing;
0.75 415.00/hr 311.25
10/15/14 TJC Status and update of client on all pending matters and strategies.
0.30 495.00/hr 148.50
10/16/14 BPH Review and analyze invoices in conjunction with claims made by surety's counsel related
to request for invoices. Redact invoices in conjunction with same in preparation to
produce.-Strategize regarding status of request for certification-upcoming-depositions and
upcoming hearing related to bifurcation and case management. Prepare damages
documentation in preparation for upcoming depositions and hearings.
4.40 230.00 /hr 1,012.00
10/16/14 RSS Calls on matters related to mediation and follow up on the same; review and analyze
issues related to outstanding damages and hearing on the same; review of discovery
related to SSE and Ruby and Associates; follow up on outstanding discovery and related
matters on the same; strategize on matters related to depositions, damages trial and appeal
matters; review and analyze issues related to outstanding matters, costs associated with the
same and potential settlement discussions;
5.50 415.00/hr 2,282.50
10/16/14 TJC Preparation for hearing. Communications with mediator related to continued mediation.
0.50 495.00 /hr 247.50
10/17/14 BPH Multiple emails regarding notice of deposition of Bill Hammer and potential response.
Receipt and initial intake review of supplemental production of David Ruby.
CRML 00001 Page 5
Invoice#397311
1.75 230.00/hr 402.50-
10/17/14 GTS Review and analyze productions received from opposing counsel.
0.25 195.00/hr 48.75
__1.0/1.7/14 ._RSS___ _.._Follow_up..on_matters_related-to depositions,and-,issues on_the_same;_follow_up with.
Mediator;review and analyze issues related to matters involving damages hearing and
issues related to the same; analyze strategy and matters going forward on appeal and
hearing on the same;
4.00 415.00/hr 1,660.00
10/17/14 TJC Receipt and review of notice of deposition of Bill Hammer. Addressed issue of SSE's
notice of deposition of Bill Hammer; communications with client team and mediator
regarding mediation.
0.50 495.00/hr 247.50
10/20/14 BPH Analyze discovery issues in conjunction with motion to exclude testimony. Assist Mr.
Schein in preparation for upcoming hearing on Motion for Bifurcation and Motion for
amended Case Management Plan.
1.20 230.00/hr 276.00
10/20/14 RSS Review and analyze issues related to hearing on damages, depositions, case management
deadlines and related issues for hearing;prepare for hearing on the same; follow up with
the Court on hearing; calls with SSE counsel on hearing, depositions, damages and
potential settlement of issues; call with Mediator on matters related to potential settlement;
call with Bob Hoffman on settlement matters with LHB; follow up on issues related to
settlement and outstanding matters; analyze issues related to WPM damages and Shiel
follow up; review of WPM reports and analyze matters related to damages hearing and
outstanding matters; analyze SSE's Final Witness and Exhibits list; analyze Court's Orders
on matters related to hearing and upcoming deadlines;
5.50 415.00/hr 2,282.50
10/20/14 SJR Prepare incoming Production from Ruby and Associates and import into Relativity
database for attorney to view.
A101 2.00 185.00/hr 370.00
10/20/14 TJC Prepared for hearing. Addressed pending discovery and mediation issues. Consideration
of evidentiary issues related to damages.
1.00 495.00/hr 495.00
10/21/14 BPH Assist with preparation for upcoming hearing regarding bifiircation of tension ring trial
from truss defects and connection defects. Strategize regarding outcome of hearing and
next steps. Receipt and analysis of SSE's reply to our response in opposition to SSE's
motion for certification, motion for relief from judgment and motion to correct errors.
Draft and revise response in opposition to motion for partial summary judgment regarding
additional connection defects.
3.80 230.00/hr 874.00
10/21/14 RSS Review and analyze issues related to hearing and matters on CMO; prepare for the same;
CRML 00001 Page 6
Invoice#397311
review of Orders on Court and arguments raised by SSE; analyze strategy related to
Summary Judgment and Motion to Exclude Evidence; call with Shiel Sexton on matters
related to damages, depositions and trial matters; follow up on issues related to the same;
analyze strategy related to matters involving trial and damages hearing; analyze expert
disclosure issues and going forward strategy; analyze issues related to settlement and
._.. _—_follow__up on_the same.;_attendhearing on_CM.O_and_related_matters.;_fo11o_w_tip_or-issues___._. .___.___.
related to discovery and outstanding matters;work on summary judgment response and
related issues;
7.00 415.00/hr 2,905.00
10/21/14 SJR Continue to Prepare incoming Production from Ruby and Associates and import into
Relativity database for attorney to view.
0.60 185.00/hr 111.00
10/21/14 TJC Final preparation for and participated in hearing with court related to status of discovery,
mediation and potential bifurcation and/or trial(s) in December 2014 and March 2015.
Receipt and review of SSE's reply brief in connection with its motion to reconsider and to
certify the order for interlocutory appeal.
3.80 495.00/hr 1,881.00
10/22/14 BPH Draft and revise response in opposition to SSE's Motion for Summary Judgment. Review
exhibits thereto and compile the same. Draft and revise designation of evidence in support
of opposition to Motion for Summary Judgment. Strategize regarding arguments
regarding opposition to Motion to Exclude Certain Expert Witnesses. Draft and revise
opposition to SSE's Motion to Exclude. Draft and revise Motion to Set Expert Witness
Opinion Deadlines. Draft and Revise Motion to Supplement Expert Witness Designation.
8.60 230.00 /hr 1,978.00
10/22/14 RSS Analyze issues related to hearing on matters for appeal, summary judgment and issues
going forward; call with Corrie Meyer on strategy and status of matters; call with Pete
Schroeder on mediation matters; analyze strategy matters;work on Summary Judgment;
work on Response to Motion to Exclude
6.00 415.00/hr 2,490.00
10/22/14 SJR Continue to Prepare incoming Production from Ruby and Associates and.import into
Relativity database for attorney to view.
0.26 185.00/hr 48.10
10/22/14 TJC Communications related to mediation. Strategy related to claiming the (to be determined)
damages for fixing the deficient connections. Initial review and analysis of
Creviston settlement agreement. Revised and edited drafts of the CRC's response to SSE's
motion for partial summary judgment on the Orange Connections and the CRC's response
to SSE's motion to exclude evidence.
2.50 495.00/hr 1,237.50
10/23/14 BPH Attention to multiple correspondences with the court and opposing counsel regarding
scheduling of hearings moving forward in conjunction with upcoming mediation.
Strategy related to expert deadlines and ability to produce additional expert materials
without Analyze discovery requests from SSE in conjunction with
CRML 00001 Page 7
Invoice#397311
same. Strategize regarding supplementation of response in opposition to SSE's motion for
partial summary judgment with affidavit of Larry Griffis and other materials in support
thereof. Analyze correspondence and invoices from Walter P Moore relating to
in preparation to draft affidavit of Griffis. Perform legal researc
regarding
rovide_.summary._of,findings_regarding_same._._____.___—_.
4.80 230.00/hr 1,104.00
10/23/14 RSS Work on response to Motion for Summary Judgment; analyze issues related to the same;
review and analyze matters related to Response to Motion to Exclude;follow up with
WPM on matters related to case and strategy on the same; call with Mediator on matters
related to Mediation and settlement; review of issues related to Creviston settlement and
Covenant Not to Execute; follow up on issues related to the same; analyze matters related
to hearing on Motion to Certify;review and follow up on the same; call with SSE counsel
on the same
4.50 415.00/hr 1,867.50
10/23/14 TJC Analysis and strategy in connection with Court's request to continue pending hearings
until after mediation. Communications with Court, client and opposing counsel regarding
scheduling. Analysis of Creviston proposed settlement documentation. Addressed issues
related to SSE's request to have Judge Nation certify the judgment on liability for
interlocutory appeal. Receipt and review of court order on pending scheduling issues.
1.50 495.00/hr 742.50
10/24/14 BPH Plan and prepare to draft Affidavit of Larry Griffis of WPM in support of Response in
Opposition to SSE's Motion for Partial Summary Judgment. Draft and revise affidavit of
Mr. Griffis. Strategize regarding necessity for affidavit from
opposition to summary judgment. Revise Response in
Opposition regarding same. Teleconference with Mr. Holland of WPM regarding
documentation of damages. Multiple emails with Mike Lee regarding same. Update and
revise comprehensive damages spreadsheet in preparation for upcoming mediation and
provide summary to Mr. Schein. - -
4.10 230.00/hr 943.00
10/24/14 RSS Work on matters related to settlement and mediation; analyze issues on the same;
strategize on matters going forward;
1.50 415.00/hr 622.50
10/24/14 TJC Provided detailed review and comments on draft settlement agreement prepared by
counsel for Creviston. Provided comments on position that negotiated settlement with
Creviston was for I Communications
among counsel and mediator regarding status of negotiations.
1.20 495.00/hr 594.00
10/27/14 BPH Receipt and analysis of additional invoices related to 2013 Steel Truss Retrofit. Compare
same with damages documentation. Update and revise comprehensive damages
spreadsheet with the same in preparation for upcoming mediation. Revise and edit
response in opposition to SSE's Motion for Partial Summary Judgment as to the
Additional Connection Defdcts. Strategize regarding necessity of Affidavit of CRC to
CRML 00001 Page 8
Invoice#397311
attach to response relating to
4.40 230.00/hr .1,012.00
10/27/14 RSS Follow up-on matters related to settlement agreement; analyze issues related to the same;
—analyze.issues_related-to_matters_invo-Lvinghearing_on_appeaLmatters; ...._.._..
1.00 415.00/hr 415.00
10/27/14 TJC Addressed issues related to Court's Order resetting schedule;preparation for hearing;
follow up on open mediation items.
0.50 495.00/hr 247.50
10/28/14 RSS Work on;matters related to Settlement; analyze issues related to argument for Motion to
Reconsider and Certify for Interlocutory Appeal;
1.00 415.00/hr 415.00
10/29/14 BPH Perform legal research regarding case law cited in SSE's Reply brief in support of motion
tocorrect error,motion for relief from judgment and motion to certify partial summary
judgment to court of appeals. Analyze reply and cases cited for potential ..
counterarguments and strategize regarding sae. Provide summary of findings in
preparation for upcoming hearing on motions.
230.00/hr 644.00
10/29/14 LYG Review and analyze SS&E's Reply in Support f Motion to Reconsider/Motion for Relief
from Judgment/Motion to Certify.Review ananal ze cases cited in Reply. Review and
compare Van Houten Affidavits filed before and after summary judgment was entered.
Detailed outline responding to:points raised in SS&E's Reply for use at hearing on Friday.
3.00 435.00/hr 1,305.00
10/29/14 RSS Analyze issues related to settlement and matters on the same; review and prepare for
matters-involving hearing on Motion to Reconsider and Certify for Interlocutory Appeal;
analyze issues related to the same;
2.50 415.00/hr 1,037.50
10/29/14 TJC Prepared for hearing on SSE's motions for relief from judgment and to have the judgment
certified for interlocutory appeal. Addressed issues related to LHB and Creviston
settlements, and mediation.
1.00 495.00/hr 495.00
10/30/14 TP Assist in preparation for upcoming hearing on Motion to Certify,Moation to Correct Error
% X- and Motion for Relief from Judgment and counterarguments to SSE's arguments.
/hr 138.00
10/30/14 RSS Analysis of issues for hearing on Motion to Reconsider Summary Judgment Order and
filings on the same; review and analyze issues related to briefs and matters related to
hearing;follow up on legal strategy and issues related to arguments raised by SSE; review
and prepare for matters on the same; call with Corrie Meyer on hearing; follow up on
issues related to the same;
CRML 00001 Page 9
Invoice#397311
6.00 415.00/hr 2,490.00
10/30/14 TJC Addressed issues related to approval by commission of Creviston settlement.
0.20 495.00/hr 99.00
__._.___.1.0%31/1.4_-.BPH .lerformlegaLresearch�egarding_meritorious_defenses_in conju�acti_on�uithra�ZuLe 60(B)_______..___._
SSE's for relief from judgment in preparation for upcoming hearing on the same. Draft
and provide summary of findings. Assist in preparation for upcoming hearing.
2.40 230.00/hr 552.00
10/31/14 LYG Additional legal analysis and strategy in preparation for today's hearing; analysis of cases
involving meritorious defense.
0.50 435.00/hr 217.50
10/31/14 RSS Review and analyze issues related to hearing matters on Motion to Reconsider and Certify
for Interlocutory Appeal;prepare for the same; review of briefs filed by SSE and analyze
and prepare for arguments in response to the same; attend hearing on Motion to
Reconsider and related issues;
9.50 415.00/hr 3,942.50
10/31/14 TJC Final preparation for and attended hearing on SSE's various post judgment motions (to
correct error,for certification).
3.50 495.00/hr 1,732.50
Total Fees for this Matter: 181.86 $ 64,973.35
TJC Costakis, Thomas J. 22:60 lis 495.00/hr 11,187.00
LYG Goodknight, Libby Y. 4.25 hrs 435.00/hr 1,848.75
BPH Holler,Blake P. 63.25 hrs 230.00/hr 14,547.50
MQ Quigley, Marc T. 0.90 hrs 440.00/hr 396.00
SJR Roberts, Steven J. 2.86 hrs 185.00/hr 529.10
RSS Schein, Robert S. 87.75 lis 415.00/hr 36,416.25
GTS Smith, Gary T. 0.25 hrs 195.00/hr 48.75
Total: 181.861irs $ 64,973.35
Color Copies 3.00
Federal Express 13.39
Photocopies 6.00
Postage -Express Mail 7.82
10/29/14 Computerized Research - Westlaw 355.93
10/31/14 Computerized Research - Westlaw 48.05
Total Disbursements for this Matter: $ 43 4.19
TOTAL FEES: $ 64,97335
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
Purchase Order No.
Terms
Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
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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.
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Clerk-Treasurer
VOUCHER NO. WARRANT NO.
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ON ACCOUNT OF APPROPRIATION FOR
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INVOICE NO. ACCT#/TITLE AMOUNT D(E1PT# I hereby certify that the attached invoice(s),
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the materials or services itemized thereon
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