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240633 01/07/15 CITY OF CARMEL, INDIANA VENDOR: 358097 P3 i ONE CIVIC SQUARE BRAZILL HESTER PC CHECK AMOUNT: $****20,333.91* CARMEL, INDIANA 46032 303 N.ALABAMA ST.#300 CHECK NUMBER: 240633 9MTpN d INDIANAPOLIS IN 46204 CHECK DATE: 01/07/15 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 2200 R4350900 32620 14592 1,395.00 LEGAL FEES 2200 R4350900 32620 14677 2,830.00 LEGAL FEES 2200 R4350900 32620 14719 12,543.91 LEGAL FEES 2200 R4350900 32620 14754 1,857.50 LEGAL FEES 2200 R43SO900 32620 14792 1,155.00 LEGAL FEES 2200 R43SO900 32620 14836 552.50 LEGAL FEES BRA.ZILL I HESTER PC 7-7-00- H 3 50`J as INVOICE 303 North AIabama Street, Suite 300 10- 70_14802.-39 R C V D 10/9/2014 Indianapolis,IN 46204 317.624.9600 Invoice# 14754 City of Carmel-Tramik-BPW In Reference To: Service Date Staff Professional Services Hours Rate Amount 9/2/2014 JGH-CC Court conference call;update to client 1.1 175.00 192.50 9/2/2014 RCH Discuss outcome of status conference and 0.2 0.00 0.00 upcoming deadlines with JGH 9/3/2014 JGH-CC Communications with opposing counsel and 0.5 175.00 87.50 court regarding site visit and surrounding issues 9/5/2014 JGH-CC Communications with opposing counsel 2.5 175.00 437.50 regarding truckloads of dirt and pictures; prepare for site visit with engineering department;site visit and additional communications 9/8/2014 JGH-CC Review communications from opposing 0.2 175.00 35.00 counsel 9/9/2014 JGH-CC Various communications with counsel, 0.4 175.00 70.00 extension of briefing schedule,BPW appeal, dismissal with prejudice 9/11/2014 RCH Review motion for extension of time to 0.4 150.00 60.00 respond to motion to intervene and for attorney fees filed by opposing counsel; discuss same with JGH 9/16/2014 JGH-CC Review of proposed order and red-line 1.2 175.00 210.00 version;update to client;communications with opposing counsel 9/16/2014 RCH Review draft amendment to order, 0.2 150.00 30.00 correspondence to D.Haney re:same 9/17/2014 RCH Review opposing counsel correspondence, 0.4 150.00 60.00 draft joint motion for continuance;review correspondence from D.Haney;review motion to grant extension of time 9/18/2014 RCH Review correspondence from opposing counsel 0.4 0.00 0.00 re:Lot 4 construction;discuss same with JGH 9/18/2014 JGH-CC Communications regarding work on Lot 4; 0.4 175.00 70.00 update client For professional services rendered Total payments and adjustments Balance due Total balance including prior invoices Page 1 BRAZILL i HESTER PC INVOICE 303 North Alabama Street, Suite 300 Indianapolis,IN 46204 10/9/2014 317.624.9600 Invoice# 14754 City of Carmel-Trancik-BPW In Reference To: Service Date Staff Professional Services Hours Rate Amount 9/19/2014 RCH Discuss Lot 4 work and impact on issues with 0.3 0.00 0.00 JGH 9/19/2014 JGH-CC Update opposing counsel;communication with 0.4 175.00 70.00 client 9/22/2014 RCH Review correspondence from G.Duncan re: 0.3 150.00 45.00 subsurface drain 9/23/2014 JGH-CC Conference with G Duncan;communications 2.3 175.00 402.50 with opposing counsel;update to client 9/23/2014 RCH Review correspondence from G.Duncan re: 0.4 0.00 0.00 non-impact of residential improvements; review opposing counsel's motion for continuance 9/25/2014 JGH-CC Update from G Duncan;update to client 0.2 175.00 35.00 9/30/2014 JGH-CC Update from client regarding new property 0.3 175.00 52.50 owners position;update City Attorney For professional services rendered $1,857.50 Total payments and adjustments $0.00 Balance due $1,857.50 Total balance including prior invoices $19,343.91 Page 2 BRA.ZILL l HESTER PC INVOICE 303 North Alabama Street, Suite 300 Indianapolis, IN 46204 8/11/2014 317.624.9600 0 8-2 0-1 4 PO 5:4 14,C D Invoice# 14677 City of Carmel-Tranclk-BPW ` In Reference To: Service Date Staff Professional Services Hours Rate Amount 7/1/2014 JGH-CC Communications with counsel regarding 3.1 175.00 542.50 completion of work and evaluation of same; communications with G Duncan;continue drafting Certificate of Completion and Releases for recording;communications with client regarding same 7/1/2014 RCH-CC Review JGH draft certificate of compliance and 0.6 150.00 90.00 release;discuss revisions with JGH 7/2/2014 JGH-CC Various and separate communications with 3.9 175.00 682.50 counsel in state case regarding judgment extension expiring,status of topography, review of property,and details for going forward; communications on additional extension of judgment in order for review of outstanding issues and in a rain event; communications on continuance of pretrial conference in Boone County;meeting with G Duncan regarding outstanding issues,need for a rain event,timing of review in light of extension and vacation,and potential revisions to certification;communications with legal department regarding update 7/2/2014 'CH-CC Correspondence re:certification and release 0.3 150.00 45.00 7/7/2014 RCH-CC Review opposing counsel motion for extension 0,1 0.00 0.00 of time to obtain certificate of compliance 7/9/2014 RCH-CC Review order granting motion for extension of 0.1 0.00 0.00 time to obtain certificate of compliance 7/16/2014 JGH-CC Communications regarding update,continued 0.5 175.00 87,50 non-compliance with the order 7/1712014 JGH-CC Communications with opposing counsel and 0.3 175.00 52.50 client regarding status 7123/2014 JGH-CC Communications regarding status,site visit, 0.3 175.00 52.50 site plan For professional services rendered Total payments and adjustments Balance due Total balance including prior invoices Page 1 BRAZILL, f HESTER PC INVOICE 303 North Alabama Street, Suite 300 Indianapolis, IN 46204 8/11/2014 317.624.9600 Invoice # 14677 City of Carmel-Trancik-BPW In Reference To: Service Date Staff Professional Services Hours Rate Amount 7/25/2014 JGH-CC Conference on status of restoration of easement 2.1 175.00 367.50 and restoring topography and additional communications for coordination purposes 7/28/2014 JGH-CC Communications with client regarding release 0.2 175.00 35.00 7/29/2014 JGH-CC Follow up with client on status 02 175.00 35.00 7/30/2014 JGH-CC Correspondence with opposing counsel re: 0.2 175.00 35.00 berm non-compliance 7/31/2014 JGH-CC Conference with client,site visits,review of 4.6 175.00 805.00 files and pictures For professional services rendered $2,830.00 Total payments and adjustments $0.00 Balance clue $2,830.00 Total balance including prior invoices $7,112.50 Page 2 ... - I ERAZILL I HES`I'ER PC INVOICE P. G. 3 2(s 2-0 303 North.Alabama Street, Suite 300 z 20 v- 4s 5 09 0--v Indianapolis,IN 46204 9/4/2014 317.624.9600 invoice# 14719 City of Carmel-Trancik-BPW 09-18-14P05 23 R C V D In Reference To: Service Date Staff Professional Services Hours Rate Amount 8/1/2014 JGH-CC Communications regarding extension of 0.5 175.00 87.50 judgment;drafting Status Report 8/4/2014 JGH-CC Review Motion for extension;continue to draft 2-8 175.00 490.00 Status Report 8/4/2014 RCH-CC Review opposing counsel motion for third 0.2 150.00 30.00 extension of time;discuss same with JGH 8/5/2014 JGH-CC Continue drafting Status Report 1.8 175.00 315.00 8/7/2014 JGH-CC Continue with Status Report with chronology 8.4 175.00 1,470.00 and land status;update court on Status Report; logistics for Report and client input 8/7/2014 RCH-CC Review JGH first draft of status report; 0.8 150.00 120.00 comments and revisions re:same 8/8/2014 JGH-CC Continue with Report to the Court;meet with 6.3 175.00 1,102.50 G Duncan regarding same and status of property 8/10/2014 JGH-CC Continue with Report 1.4 175.00 245.00 8/11/2014 JGH-CC Drafting Status Report;conference with client 3.8 175.00 665.00 8/11/2014 RCH-CC Review sections B and C of JGH draft status 0.8 150.00 120.00 report;suggest revisions re:same 8/12/2014 JGH-CC Continue to work on Status Report;conference 6.5 175.00 1,137.50 with G.Duncan regarding same 8/12/2014 RCH-CC Review JGH revisions and additions to status 0.8 150.00 120.00 report;discuss same 8/13/2014 JGH-CC Communications regarding and continued 1.8 175.00 315.00 work on Report and related documents 8/13/2014 RCH-CC Review Affidavit of Gary Duncan;discuss 0.9 150.00 135.00 same with JGH;suggest revisions;discuss finalizing status report and exhibits re:same 8/14/2014 JGH-CC Revision to affidavit 0.9 175.00 157.50 8/14/2014 RCH-CC Review order granting extension of time; 0.9 150.00 135.00 review and supplement photos on status report;discuss same with JGH;discuss information needed to complete affidavit 8/15/2014 JGH-CC Communications regarding affidavit 0.3 175.00 52.50 - - For professional"services rendered Total payments and adjustments Balance due Total balance including prior invoices Page 1 BRAZILL I HESTER PC INVOICE 303 North Alabama Street, Suite 300 Indianapolis, IN 46204 9/4/2014 317.624.9600 Invoice# 14719 City of Carmel-Trancik-BPW In Reference To- Service Date Staff Professional Services Hours Rate Amount 8/15/2014 RCH-CC Discuss affidavit with JGH 0.3 150.00 45.00 8/18/2014 RCH-CC Draft motion to intervene for purposes of 1 150.00 150.00 seeking attorney fee award;draft motion for attorney fee award;discuss same with JGH 8/19/2014 JGH-CC Attorney conference regarding Report and 0.8 175.00 140.00 motions to be filed;communications with G Duncan 8/19/2014 RCH-CC Discuss attorney fee motion and pp h 0.7 150.00 105.00 with JGH;revise same 8/20/2014 JGH-CC Coordination of affidavit and other motions; 0.5 175.00 87.50 review and revise same;communications with staff regarding same 8/20/2014 RCH-CC Review G.Duncan revisions to affidavit and 1.9 150.00 285.00 revise same;include diagram in affidavit; caselaw research on 1110111W,finalize draft fee motion;discuss same with JGH 8/23/2014 JGH-CC Report to the Court 6.3 175.00 1,102.50 8/25/2014 JGH-CC Continue drafting Report and ancillary 5.2 175.00 910.00 motions 8/26/2014 JGH-CC Conference with client and resulting revisions 3.8 175.00 665.00 to anticipated pleadings;attention to exhibits for Report;various communications with client 8/27/2014 JGH-CC Conference with G Duncan for final review 6.2 175.00 1,085.00 and comment upon affidavit,exhibits,and report,incorporate comments,and finalize for client review of all motions and Report; conference with client regarding same; incorporate client comments into final draft 8/28/2014 JGH-CC Finalize all motions and Report and prepare all 5.3 175.00 927.50 for filing and service,including binding of report and all attachments;file and serve same For pro essiohal services rendered Total payments and adjustments Balance due Total balance including prior invoices Page 2 BRAZILL I HES'TER PC INVOICE 303 North Alabama Street, Suite 300 Indianapolis, IN 46204 9/4/2014 317.624.9600 Invoice# 14719 City of Carmel-Trancik-BPW In Reference To: Service Date Staff Professional Services Hours Rate Amount 8/29/2014 JGH-CC Communications to and from S Badger 0.8 175.00 140.00 regarding motions with court;update client; respond to court regarding participation in 9.2.14 conference call 8/29/2014 RCH-CC Review motion filed by opposing counsel to 0.7 150.00 105.00 issue certificate of completion;discuss same with JGH Reimb Group 8/28/2014 Postage 9.16 9.16 8/28/2014 Document Binding 89.75 89.75 Total Reimbursable Expenses 98.91 For "rofessional servrces rendered-- _.._._...---. P $12,543.91 Total payments and adjustments $0.00 Balance due $12,543.91 Total balance including prior invoices $19,656.41 Page 3 BRAZILL I FESTER PC INVOICE 303 North Alabama Street, Suite 300 P.0, 3 2 cot 0 Indianapolis,IN 46204 '10 0-4 3-501 00 6/19/2014 317.624.9600 Invoice# 14592 City of Carmel-Trancik-BPW 06-20-14P02 : 23 RCVD I In Reference To: Service Date Staff Professional Services Hours Rate Amount 5/7/2014 JGH-CC Communications with attorney Steve Badger; 1.3 175.00 227.50 update to Citv;additional coordination with attorneys;further communications regarding resolution 5/7/2014 RCH-CC Discuss substitution of Trancik counsel with 0.2 0.00 0.00 JGH and strategy re:resolution of case 5/8/2014 JGH-CC Communications regarding meeting;meeting 1.8 175.00 315.00 regarding potential resolution and status 5/9/2014 JGH-CC Communications with new counsel and berm 0.3 175.00 52.50 5/10/2014 JGH-CC Finalize and forward communications 0.2 175.00 35.00 regarding items for certificate of completion 5/10/2014 JGH-CC Review and update client as to status of state 0.1 175.00 17.50 case 5/13/2014 JGH-CC Conference call with court and all counsel OS 175.00 87.50 5/14/2014 JGH-CC Various communications regarding 0.3 175.00 52.50 no-removal of the soil/removal to back of property 5/15/2014 JGH-CC Correspondence with opposing counsel 0.9 175.00 157.50 regarding restoration of easement;telephone conference with opposing counsel;update to client 5/15/2014 RCH-CC Review JGH draft.correspondence to opposing 0.2 150.00 30.00 counsel re:settlement discussions 5/19/2014 RCH-CC Review court order on telephonic status 0.1 0.00 0.00 conference 5/20/2014 RCH-CC Review court correspondence and order re: 0.1 0.00 0.00 qualification as special judge 5/22/2014 JGH-CC Communications with G Duncan and opposing 0.5 175.00 87.50 counsel regarding berm and removal of soil 5/23/2014 JGH-CC Communications with client regarding plan for 0.3 175.00 52.50 removal and replacement of soil to a different parcel For professional services rendered Total payments and adjustments Balance due Total balance including prior invoices Page 1 BRAZIL L I HES'TER PC INVOICE 303 North Alabama Street, Suite 300 Indianapolis, IN 46204 6/19/2014 317.624.9600 Invoice# 14592 City of Carmel-Trancik-BPW In Reference To: Service Date Staff Professional Services Hours Rate Amount 5/27/2014 JGH-CC Communications with G Duncan and opposing 0.2 175.00 35.00 counsel regarding aerial of plan for replacement of soil 5/27/2014 RCH-CC Review opposing counsel motion for 0.1 0.00 0.00 continuance of June 9 status conference 5/28/2014 JGH-CC Communications regarding site visit,plan for 0.2 175.00 35A0 removal of soil,and need for aerial 5/29/2014 JGH-CC Communications with opposing counsel and 0.5 175.00 87.50 separately with G Duncan,including aerial photographs;communications regarding meeting and logistics 5/30/2014 JGH-CC Various communications with G Duncan and 0.7 175.00 122.50 opposing counsel regarding site visit,logistics, and parameters For professional services rendered $1,395,00 Total payments and adjustments $0.00 Balance due $1,395.00 Total balance including prior invoices $5,655.48 Page 2 BRAZILL, I HESTER PC INVOICE 303 North Alabama Street, Suite 300 P. 0 . 37-6-10 Indianapolis, IN 46204 2 20-0- 111 3 sod o10 11/13/2014 317.624.9600 Invoice# 14792 City of Carmel-Trancik-BPW 11-20-14P12 40 RCVD In Reference To: Service Date Staff Professional Services Hours Rate Amount 10/6/2014 RCH-CC Review G.Duncan correspondence re: 0.3 150.00 45.00 drainage issues 10/8/2014 JGH-CC Communications with opposing counsel 0.3 175.00 52.50 regarding Lot 4 and update to client 10/15/2014 RCH-CC Review correspondence from opposing counsel 0.2 0.00 0.00 re:ongoing work 10/15/2014 JGH-CC Communications with opposing counsel and 4.2 175.00 735.00 client regarding Lot 10/22/2014 JGH-CC Call with court,opposing counsel regarding 0.3 175.00 52.50 status and certificate of completion/100 year flood 10/27/2014 RCH-CC Review status update from court 0.2 150.00 30.00 10/30/2014 RCH-CC Review JGH correspondence to City re: 0.2 0.00 0.00 proposed amended order 10/30/2014 JGH-CC Review pleadings,communication with client 1.2 175.00 210.00 regarding same 10/31./2014 RCH-CC Review G.Duncan suggestions for amended 0.2 150.00 30.00 order For professional services rendered $1,155.00 Total payments and adjustments $0.00 Balance due $1,155.00 Total balance including prior invoices $20,498.91 PRAZILL I HESTER PC �, O. 32(o2a INET®ICE 303 North Alabama Street, Suite 300 220 0- .t 3 S0 9 ao Indianapolis, IN 46204 12/8/2014 317.624.9600 Invoice# 14836 City of Carmel-Trancik-BPW 12-10-14 ?04 23 R C V D In Reference To: Service Date Staff Professional Services Hours Rate Amount 11/1/2014 JGH-CC Draft communication to client regarding 0.7 175.00 122.50 pleadings and settlement 11/1/2014 RCH-CC Review JGH correspondence with opposing 0.2 0.00 0.00 counsel re:revisions to amended order 11/3/2014 JGH-CC Telephone conference with opposing counsel 0.4 175.00 70.00 regarding settlement 11/4/2014 RCH-CC Review correspondence from J.McDermott re: 0.2 150.00 30.00 amended order 11/10/2014 RCH-CC Review revised draft amended order from 0.3 150.00 45.00 opposing counsel 11/12/2014 RCH-CC Review JGH correspondence with opposing 0.2 0.00 0.00 counsel re:agreement 11/12/2014 JGH-CC Telephone conference with opposing counsel; 0.8 175.00 140.00 review proposed motions;communication to client regarding same for approval of recommended actions 11/14/2014 JGH-CC Obtain motion to dismiss and settlement from 0.4 175.00 70.00 opposing counsel;;review same 11/18/2014 RCH-CC Review amendment to March 3 order 0.3 150.00 45.00 submitted by opposing counsel and supplemental motion to approve 11/25/2014 RCH-CC Review court approved amendment to March 3 0.2 150.00 30.00 order For professional services rendered $552.50 Total payments and adjustments $0.00 Balance due $552.50 Total balance including prior invoices $21,051.41 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 Brazill Hester, PC Purchase Order No. 303 N. Alabama St., Suite 300 Terms Indianapolis, IN 46204 Date Due Invoice Invoice Description Date Number (or note attached invoice(s)or bill(s) Amount 10/9/2014 14754 Trancik Matter $ 1,857.50 8/11/2014 14677 Trancik Matter $ 2,830.00 9/4/2014 14719 Trancik Matter $ 12,543.91 6/19/2014 14592 Trancik Matter $ 1,395.00 11/13/2014 14792 Trancik Matter $ 1,155.00 12/8/2014 14836 Trancik Matter $ 552.50 Total $ 20,333.91 1 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5-11-10-1.6. ,20 Clerk-Treasurer VOUCHER NO WARRANT NO. Brazill Hester, PC ALLOWED 20 303 N. Alabama St., Suite 300 IN SUM OF $ Indianapolis, IN 46204 $ 20,333.91 ON ACCOUNT OF APPROPRIATION FOR Board Members PO#or INVOICE NO. ACCT#/TITLE AMOUNT DEPT# I hereby certify that the attached invoice(s), or 32620 14754 2200-4350900 $ 1,857.50 bill(s) is (are) true and correct and that the materials or services itemized thereon for 32620 14677 2200-4350900 $ 2,830.00 Which charge is made were ordered and 32620 14719 2200-435090C $ 12,54391 received except 32620 14592 2200-435090C s 1.395.00 32620 14792 2200-4350900 $ 1,155.00 32620 14836 2200-4350900 $ 552.50 1/5/2015 Signature Cost Distribution ledger classification if Title claim paid motor vehicle highway fund