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184487 04/14/2010 CITY OF CARMEL, INDIANA VENDOR: 363837 Page 1 of 1 i ONE CIVIC SQUARE STEPHENSON MOROW 8 SEMLER CHECK AMOUNT: $1,782.50 y: CARMEL, INDIANA 46032 8710 NORTH MERIDIAN STREET SUITE 2 INDIANAPOLIS IN 46260 -5388 CHECK NUMBER: 184487 CHECK DATE: 4114/2010 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1180 4340000 1 1,736.00 LEGAL FEES 1180 4340000 2 46.50 LEGAL FEES STEPHENSON MOROW SEMLER 8710 N. MERIDIAN STREET SUITE 200 INDIANAPOLIS, INDIANA 46260 -2331 (317) 844 -3830 FEIN 35-1711428 PAGE: 1 TRANCIK, THOMAS V. CITY OF CARMEL 02/22/2010 CITY OF CARMEL CITY ATTORNEY ACCOUNT 10 -59452 CARMEL CITY HALL, 3RD FLOOR STATEMENT NO: 1 ONE CIVIC SQUARE CARMEL IN 46032 ATTW DOUGLAS HANEY TRANCIK, THOMAS V. CITY OF CARMEL 0 3— 2 3 10 P 0 5: 5 0 C V I? CL: NONE D /L: 6/4/09 SUIT: 29D02- 0911 -CC -1424 HOURS 01/22/2010 WEU REVIEW COMPLAINT, EXHIBITS AND SHERIFF'S ANSWER RECEIVED FROM TOM PERKINS. 0.20 31.00 WEU PRELIMINARY LEGAL RESEARCH OF STATUTES CITED BY PLAINTIFF IN SUPPORT OF CLAIM FOR RELIEF. 0.40 62.00 WEU TELEPHONE CONFERENCE WITH DEPUTY CHIEF TIM GREEN TO DISCUSS O I i HS 0.30 46.50 WEU TELEPHONE CONFERENCE WITH SHERIFF'S COUNSEL DARREN MURPHY RE a a� T Fw M 0.30 46.50 01/2512010 WEU MULTIPLE EMAIL CORRESPONDENCE TO AND FROM DARREN MURPHY, SHERIFF'S ATTORNEY, RE e L 0.30 46.50 WEU REVIEW DOCUMENTS RECEIVED FROM ASSISTP- CHIEF GREEN RE e I •.1' w o R; a 0.30 46.50 WEU REVIEW EMAILS FROM TOM PERKINS R Emmm oRm 0.10 15.50 01/26/2010 WEU TELEPHONE CONFERENCE WITH TOM PERKINS RE ETC: 0.20 31.00 WEU PREPARE APPEARANCE OF WEU FOR CITY OF CARMEL AND CCS ENTRY, FILE AND SERVE. 0.30 46.50 02/01/2010 WEU REVIEW CORRESPONDENCE FROM PLAINTIFF'S COUNSEL ROBERT SHIVE. 0.10 15.50 WEU TELEPHONE CONFERENCE WITH PLAINTIFF'S PAGE: 2 TRANCIK, THOMAS V. CITY OF CARMEL 02/22/2010 ACCOUNT 10 -59452 STATEMENT NO: 1 TRANCIK, THOMAS V. CITY OF CARMEL CL: NONE D /L: 6/4/09 SUIT: 29D02- 0911 -CC -1424 HOURS COUNSEL ROBERT SHIVE RE STATUS OF ANSWER DEADLINE, LEGAL PRINCIPLES, ETC. 0.20 31.00 02/08/2010 WEU LEGAL RESEARCH,5 I R 0.90 139.50 WEU REVIEW R �ED ff.t"iVI� HERIFF'S ATTORNEY EN MURPHY, MORE DETAILED REVIEW OF PD -II I I tl.F AR'.E T a t E m 2 ff 01 CLIENT. 0.80 124.00 WEU BEGIN PREPARATION OF INITIAL REPORT TO CLIENT. 0.70 108.50 02/09/2010 WEU TELEPHONE CONFERENCE WITH TOM PERKINS RE COURT ORDER I N OF TIME C P r 0.20 31.00 WEU CONTINUED LEGAL RESEARCH =IBS 19. N, Pfl 2.00 310.00 WEU TINUE PREPARATION OF INITIAL REPORT TO CLIENT. 1.50 232.50 02/10/2010 WEU COMPLETE PREPARATION OF INITIAL REPORT TO CLIENT. 0.80 124.00 WEU PREPARE ANSWER AND AFFIRMATIVE DEFENSES. 1.00 155.00 WEU PREPARE JURY DEMAND. 0.20 31.00 WEU PREPARE PROPOSED MINUTE ENTRY, FILE PLEADINGS AND SERVE PARTIES. 0.10 15.50 WEU PREPARE EMAIL CORRESPONDENCE TO PLAINTIFF'S COUNSEL ROB SHIVE INFORMALL PRODUCTION OF DOCUMENTS FROM PLAINTIFF. 0.20 31.00 WEU REVIEW EMAIL REPLY FROM PLAINTIFF'S COUNSEL RE PRODUCTION OF DOCUMENTS. 0.10 15.50 FOR CURRENT SERVICES RENDERED 11.20 1,736.00 RECAPITULATION TIMEKEEPER Title HOURS HOURLY RATE TOTAL WAYNE E. UHL PARTNER 11.20 $155.00 $1,736.00 TOTAL CURRENT WORK 1,736.00 BALANCE DUE $1,736.00 PAGE: 3 TRANCIK, THOMAS V. CITY OF CARMEL 02/22/2010 ACCOUNT 10 -59452 STATEMENT NO: 1 TRANCIK, THOMAS V. CITY OF CARMEL CL: NONE D /L: 6/4/09 SUIT: 29D02- 0911 -CC -1424 Billing History FEES Hours EXPENSES ADVANCES FINANCE CHARGE PAYMENTS 1,736.00 11.20 0.00 0.00 0.00 0.00 d JSS 155.00 MRM 155.00 RJS 155.00 WEU- $155.00 MAH 155.00 RLB- $145.00 JGL- $145.00 ILS 145.00 LAW OFFICES STEPHENSON MOROW SEMLER A PROFESSIONAL CORPORATION JAMES S. STEPHENSON 8710 NORTH MERIDIAN STREET, SUITE 200 OFFICE: (317) 644 -3830 MICHAEL R. MoRow INDIANAPOLIS, INDIANA 46260 -5388 FAX: (317) 573 -4194 RONALD J. SEMLER WEB: WWW.STEPHLAW.COM WAYNE E- UHL WRITER's EMAIL: wuhl @siephlaw.com MARK A. HOLLOWAY ROSEMARY L. BOREK TONYA M. ARETZ JAME5 G. LlwsKI hh 1 2 (1959 1999) IAN L. STEWART 2, 010 G. RICHARD POTTER January y 1946 2001) By email with original by mail Douglas C. Haney City Attorney Carmel City Hall, 3rd Floor One Civic Square Carmel, Indiana 46032 Re Thomas Trancik, M.D. v. Brandon Pryor et al. Cause No.: 29D02- 0911 -CC -1424 Our File 10 -5945 Dear Mr. Haney: Thank you for informing me that the City of Carmel is seeking outside counsel to defend the City against the above lawsuit. As you know, our firm concentrates on and has considerable experience advising and defending political subdivisions in a large variety of legal claims, ranging from simple personal injury actions to complex class action civil rights lawsuits. Our experience includes defense of actions arising from the arrest and jailing of suspects, including medical care issues. We regularly pract;Ce in both Stato and fa- courts. My own experience has been almost exclusively devoted to governmental litigation, starting with nine years at the Tennessee Attorney General's office, 13 years at the Indiana Attorney General's office (including eight years supervising civil rights and employment litigation), and seven years at this firm. As you know, the firm also has experience defending Carmel. In the past couple of years,_ we have defended an employment discrimination action in federal court (Nikoloff), a civil rights action in federal court (Walton), a personal injury claim based on the condition of a road (Layne), a pair of property flooding claims related to the City's approval of construction (Tom O'Brien /BottamiIIer), and a police action claim (Reed /Downey). LAW OFFICES Douglas C. Haney STEPHENSON MOROW SEMLER January 22, 2010 Page 2 We have represented the Hamilton County Sheriff in the past, but the last such matter was closed years ago. None of the cases involved responsibility for the payment of an inmate's medical expenses. We do not believe that our prior representation of the Sheriff presents a potential conflict of interest or other obstacle to our representation of Carmel in this matter, even if (as seems likely) Carmel will be taking a position adverse to the interests of the Sheriff. Our fee for the defense of this matter would be $155 /hour for partners and $145 /hour for associates, billed in tenths of an hour. At this point rnv expectation is that the work on this file would be done almost exclusively by me at the partner rate. Intra- office conferences will be billed only for the time of the highest hourly rated attorney involved. We also bill for postage at cost and inside copying at $0.10 /page for black and white and $0.25 /page for color. There is no charge for fax transmissions. We will advance and bill outside costs of $100 or less, and forward to you any outside vendor invoices in excess of $100. All outside vendor work in excess of $100 will be pre approved by the City. Local travel is billed only for the attorney's time. We would be very pleased to provide legal services to the City of Carmel in this matter. Please let me know if you need further information. I look forward to hearing from you soon so that we can enter our appearance and begin investigating and researching the claim. Very truly yours, STEPHENSON MOROW SEMLER l Wayne E. Uhl 1 0- 5945 /haney.101. doc /mrni Authorized by: Douglas C. Haney, Cannel City Attorney Date: O! -26 16 Approved this day of -t 1 2010. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: 44,1 12 4 fles Brainard, Presiding Office Date: Mary A Burke ember Date: 3 Q Lori S. Wats Member Date: -D,-( 3 1 1 0 ATTESY Diana Cordray, IMCA, ddrk- Treasurer Date: INDIANA RETAIL TAX EXEMPT PAGE C 1 o II C anal CERTIFICATE NO. 003120155 002 0 �1' JL ISJS PURCHASE ORDER NUMBER D r FEDERAL 5- 01000972 EXEMPT 0.1 13 ONE CIVIC'SQUARE 4 THIS NUMBER MUST APPEAR ON INVOICES, A/P CARMEL, INDIANA 46032 -2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE. FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRI VENDOR �r� d �tGl%"' SHIP TO f CONFIRMATION BLANKET CONTRACT PAYMENTTERMS FREIGHT QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION 446 L� 7 Iry P Send Invoice To: f PLEASE INVOICE IN DUPLICATE Aa DEPARTMENT ACCOUNT PROJECT PROJECTACCOUNT AMOU I b 1j PAY MEN ER CANNOT BE APPROVED FOR PA T UN� THE O V NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND r VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. SHIPPING INSTRUCTIONS I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS,APP-ROPRIATION.SUFFICIENT TO PAY FOR THE ABOVE ORDER. SHIP REPAID. C.O.D. SHIPMENTS CANNOT BE ACCEPTED. ORDERED BY r PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABELS. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 TITLE AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. 7 3.q CLERK TREASURER DOCUMENT CONTROL NO. A•P COPY SIGN AND RETURN TO CLERK'S OFFICE VOUCHER NO. WARRANT NO. r ALLOWED 20 I IN THE SUM OF rt 49 d raga O ACCOUNT OOAPPROPRIATION FOR J Board Members PO# or INVOICE NO. ACCT" #CfITLE AMOUNT i hereby certify that the attached invoice or rnI bill(s) is (are) true and correct and that the vt L materials or services itemized thereon for which charge is made were ordered and received except- Ce 20 Sigrrat 1_.L� Title Cost distribution ledger classification if claim paid rnotor vehicle highway fund STEPHENSON MOROW SEMLER 8710 N. MERIDIAN STREET SUITE 200 INDIANAPOLIS, INDIANA 46260 -2331 (317) 844 3830 ri C V J FEIN 35-1711428 PAGE: 1 TRANCIK, THOMAS V. CITY OF CARMEL 03/17/2010 CITY OF CARMEL CITY ATTORNEY ACCOUNT 10 -5945Z CARMEL CITY HALL, 3RD FLOOR STATEMENT NO: 2 ONE CIVIC SQUARE CARMEL IN 46032 ATTN: DOUGLAS HANEY TRANCIK, THOMAS V. CITY OF CARMEL CL: NONE D /L: 6/4/09 S U IT: 29D02- 0911 -CC -1424 HOURS 03/08/2010 WEU REVIEW CORRESPONDENCE FROM PLAINTIFF'S COUNSEL ROBERT SHIVE RE DISCOVERY, SUMMARY JUDGMENT. 0.10 15.50 03/10/2010 WEU REVIEW AND REPLY TO EMAIL CORRESPONDENCE FROM SHERIFF'S ATTORNEY DARREN MURPHY RE STATUS OF CLAIM, SETTLEMENT. 0.20 31.00 FOR CURRENT SERVICES RENDERED 0.30 46.50 RECAPITULATION TIMEKEEPER Title HOURS HOURLY RATE TOTAL WAYNE E. UHL PARTNER 0.30 $155.00 $46.50 TOTAL CURRENT WORK 46.50 PAST DUE FROM 02/22/2010 $1,736.00 BALANCE DUE $1,782.50 Billing History FEES Hours EXPENSES ADVANCES FINANCE CHARGE PAYMENTS 1,782.50 11.50 0.00 0.00 0.00 0.00 JSS $155.00 MRM $155.00 RJS $155.00 WEU- $155.00 MAH $155.00 RLB- $145.00 JGL- $145.00 ILS $145.00 LAW OFFICES STEPHENSON MOROW SEMLER A PROFESSIONAL CORPORATION JAMES S. STEPHENSON 8710 NORTH MERIDIAN STREET, SUITE 200 OFFICE: (317) 844 -3830 MICHAEL R. MOROW INDIANAPOLIS, INDIANA 46260 -5388 FAX: (317} 573 -4194 RONALD J. SEMLER WEB: WWW.STEPHLAW,COM WAYNE E. UHL WRITER'S EMAIL: wuhl @stephlaw.com MARK A. HOLLOWAY ROSEMARY L. BOREK TONYA M. ARETZ JAMES G. LIWSKI (1959 1999) IAN L. STEWART January 22 2010 G. RICHARD POTTER y (1946 2001) By email with original by mail Douglas C. Haney City Attorney Carmel City Hall, 3rd Floor One Civic Square Carmel, Indiana 46032 Re: Thomas Trancik, M.D. v. Brandon Pryor et al. Cause No.: 29D02- 0911 -CC -1424 Our File: 10 -5945 Dear Mr. Haney: Thank you for informing me that the City of Carmel is seeking outside counsel to defend the City against the above lawsuit. As you know, our firm concentrates on and has considerable experience advising and defending political subdivisions in a large variety of legal claims, ranging from simple personal injury actions to complex class action civil rights lawsuits. Our experience includes defense of actions arising from the arrest and jailing of suspects, including medical care issues. We cT tl y practice m nth t.atc and fA- -r� o se ar i b s« 1 zr %I My own experience has been almost exclusively devoted to governmental litigation, starting with nine years at the Tennessee Attorney General's office, 13 years at the Indiana Attorney General's office (including eight years supervising civil rights and employment litigation), and seven years at this firm. As you know, the firm also has experience defending Carmel, In the past couple of years,_ we have defended an employment discrimination action in federal court (Nikoloff), a civil rights action in federal court (Walton), a personal injury claim based on the condition of a road (Layne), a pair of property flooding claims related to the City's approval of construction (Tom O'Brien /Bottamiller), and a police action claim (Reed /Downey). 1 LAW OFFICES Douglas C. Haney STEPHENSON MOROW SEMLER January 22, 2010 Page 2 We have represented the Hamilton County Sheriff in the past, but the last such matter was closed years ago. None of the cases involved responsibility for the payment of an inmate's medical expenses. We do not believe that our prior representation of the Sheriff presents a potential conflict of interest or other obstacle to our representation of Carmel in this matter, even if (as seems likely) Carmel will be taking a position adverse to the interests of the Sheriff. Our fee for the defense of this matter would be $155 /hour for partners and $145 /hour for associates, billed in tenths of an hour. At this point my expectation is that the work on this file would be done almost exclusively by me at the partner rate. Intra- office conferences will be billed only for the time of the highest hourly rated attorney involved. We also bill for postage at cost and inside copying at $0.1.0 /page for black and white and $0.25 /page for color. There is no charge for fax transmissions. We will advance and bill outside costs of $100 or less, and forward to you any outside vendor invoices in excess of $100. All outside vendor work in excess of $100 will be pre approved by the City. Local travel is billed only for the attorney's time. We would be very pleased to provide legal services to the City of Carmel in this matter. Please let me know if you need further information. I look forward to hearing from you soon so that we can enter our appearance and begin investigating and researching the claim. Very truly yours, STEPHENSON MOROW SEMLER f Wayne E. Uhl 10- 5945 /haney.101.doc /mmi Authorized by: Douglas C. Haney, Carmel City Attorney Date: 01-26-10 Approved this day of tzl 2010. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: I J es Brainard, Presiding Office Date: 3 •--ZU Mary A Burke ember Date: J Q F --i, F Lori S. Wats Member Date: a- 3 I i o ATTESY: r Diana Cordray, IMCA, C'�ehk- Treasurer Date: 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 STEPHENSON MOROW SEMLER Purchase Order No. 8710 North Meridian Street, Suite 200 Terms Indianapolis, Indiana 46260 -2331 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 3 -26 -10 2 Legal services rendered to the City of Carmel per the $46.50 attached invoice Total 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. ALLOWED 20 Stephenson Morow Semler IN SUM OF 8710 N. Meridian St., Su ite 200 Indianapolis, IN 46260 -2331 $46.50 ON ACCOUNT OF APPROPRIATION FOR DEPARTMENT OF LAW #1180 430 -40000 Legal Fees Board Members Po# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or 1180 2 $46.50 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 as 20 r Cost distribution ledger classification if Title claim paid motor vehicle highway fund