HomeMy WebLinkAboutKRIEG DEVAULT LLP- 003307- 11/16/2012 CARMEL REDEVELOPMENT COMMISSION 0
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Krieg.Devault LLP Check: 3307 lJ U J I
One Indiana Square Date: 11/16/2012
Suite 2800 Vendor: KRIEGDEI
Indianapolis, IN 46204-2079
Prior
Invoice P.O. Num. Invoice Amt Balance Retention Discount Amt. Paid
335813 18,106.23 18,106.23 0.00 0.00 18,106.23
PAC Claims
336279 20,762.80 20,762.80 0.00' 0.00 20,762.80
Hagerman/Crider claims
•
38,869.03 38,869.03 0.00 0.00 38,869.03
•
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*5 1-+ Carmel Redevelopment Commission ,f.
r�� � � 30 West Main Street A REGIONS 003307
Suite 220 xo-lazlnao
`""'""Ly Gamier, IN 46032
I 3307
DATE AMOUNT
11/16/2012 ********38,869.03
PAY THE SUM OF THIRTY EIGHT THOUSAND EIGHT HUNDRED SIXTY NINE DOLLARS AND 03 CENTS *********
TO THE
OROEn
OF Krieg Devault LLP
One Indiana Square
Suite 2800
"a
Indianapolis, IN 46204-2079
11.00330711' 1:0740LI, 2b31: 0013 7504LL &1i'
CARMEL REDEVELOPMENT COMMISSION 003307
Krieg Devault LLP Check: 3307
One Indiana Square Date: 11/16/2012
Suite 2800 Vendor:' KRIEGDEI
Indianapolis, IN 46204-2079
Prior
Invoice P.O. Num. Invoice Amt Balance Retention Discount Amt. Paid
335813 18,106.23 18,106.23 0.00 0.00 18,106.23
PAC Claims
336279 20,762.80 20,762.80 0.00 0.00 20,762.80
Hagerman/Crider claims
38,869.03 38,869.03 0,00 0.00 38,869.03
(-It-52 LOMPIIFEREASE FORMS DIVISION 077)577-5791 1'-71 711 l'2)3
One Indiana Square
lb
ICRIEG I. DEVnULT® Suite 2800
Indianapolis,IN 46204-2079
317.636.4341
F:317.636.1507
Fed_FIN S 35-1055087
• W WW.KRIEGDEVAULT.COb1
Carmel Redevelopment Commission
Les Olds; AlA, Executive Director
30 West Main Street, Suite 220
Carmel, IN 46032
October 22, 2012
Invoice Number 335813
Our File #: CRML 00003 ABB
Performing Arts Center Claims
FOR PROFESSIONAL SERVICES RENDERED THROUGH September 30, 2012
09/05/12 RSS Analyze discovery issues; analyze mediation and issues on the same; work on issues
related to discovery.
1.25 360.00/hr 450.00
• 09/05/12 TJC Addressed claw back issues. Addressed SSE's deficiencies in their discovery responses.
Strategy related to mediation.
0.50 455.00/hr 227.50
09/06/12 BSS Analysis of damage assessment claims. Analyzed deposition materials and transcripts.
1.75 230.00/hr 402.50
09/06/12 RSS Analyze issues related to discovery matters,
0.50 360.00/hr 180.00
09/06/12 TJC Began review and analysis of Les Olds' deposition transcript, with attention to need to
correct items via errata process.
0.50 455.00 /hr 227.50
09/07/12 1355 Analysis of deposition transcript and strategized regarding issues related thereto.
0.25 230.00/hr 57.50
09/10/12 BSS Teleconference with Matt Worthlcy at CRC regarding discovery requests and responses. Qu
Worked on preparing/drafting the CRC's Responses to SSE's Supplemental Requests for tv,"
Production. Drafted CRC's Preliminary Witness and Exhibit Lists. Strategized and
INDIANA ILLINOIS GEORGIA FLORIDA MINNESOTA
CRML 00001 Page 2
Invoicek 335813
corresponded regarding these issues. Correspondence with opposing counsel regarding
discovery issues.
1.25 230.00/fir 287.50
09/10/12 RSS Analyze issues related to discovery matters; follow up on the same.
0.50 360.00/hr 180.00
09/10/12 TJC Revised and edited draft of preliminary witness and exhibit lists, with careful attention to
flexibility in being overly inclusive given status of litigation.
0.50 455.00/hr 227.50
09/11/12 BSS Worked on preparing Preliminary Witness and Exhibit Lists. Strategized regarding
discovery productions and disputes.
0.75 230.00/hr 172.50
09/11/12 RSS Analyze Preliminary Witness and Exhibit List; work on finalizing the same.
1.25 360.00/hr 450.00
09/11/12 TJC Final edits to draft witness and exhibit lists.
0.20 455.00/hr 91.00
09/12/12 BSS Analysis of deposition transcript of Les Olds. Strategized regarding discovery issues and
timeline. Analysis of SSE's Preliminary Witness and Exhibit List. Analysis of deposition
exhibits.
2.00 230.00/hr 460.00
09/12/12 RSS Discovery matters.
0.25 360.00/hr 90.00
09/12/12 TJC Receipt and review of SSE's witness and exhibit list.
0.50 455.00/hr 227.50
09/14/12 BSS Strategized regarding discovery dispute issues.
0.25 230.00/hr 57.50
09/17/12 RSS Analyze issues related to discovery matters and strategy.
0.50 360.00/hr 180.00
09/18/12 BSS Analysis of outstanding discovery issues.
0.25 230.00/hr 57.50
09/24/12 BSS Strategized regarding and worked on issues related to discovery issues. Teleconference
and emails with opposing counsel regarding discovery issues. Strategized regarding
upcoming depositions. Researched issues related to modification of deposition transcripts.
1.25 230.00/hr 287.50
09/24/12 RSS Review and analyze issues related to outstanding discovery; analyze matters related to Les
Olds deposition and issues on the same; review and follow up on matters related to
mediation; work on the same.
•
CRML 00001 Page 3
Invoice/I 335813
4.25 360.00/hr 1,530.00
09/24/12 TJC Receipt and review of deposition notices of two representatives from LHB served by
counsel for SSE. Worked on strategy i/c/w our approach to the depositions of LHB
representatives. Considered pros and cons of pursuing a strategy of filing a motion to
compel related to SSE's electronic discovery production. Addressed issues related to
errata changes for Les i/c/w his deposition.
1.70 455.00/hr 773.50
09/25/12 BSS Researched issues related to deposition testimony and corresponded regarding the same.
Analysis of documents produced by non-party SOFCO. Worked on discovery related
issues.
2.75 230.00/hr 632.50
09/25/12 Ci l:S Conference call regarding voluminous SSE native document production. Prepare for call
with opposing counsel regarding same.
1.04 175.00/hr 182.00
09/25/12 RSS Review and analyze issues related to deposition matters for LFIB; work on the same.
4.75 360.00/hr 1,710.00
09/25/12 TJC Review of WPM cause report in preparation for LHM depositions. Prepared outline of
areas of inquiry for LI-IB depositions. In depth analysis of open discovery issues with
attention to decision as to whether to seek motion to compel strategy.
3.00 455.00/hr 1,365.00
09/26/12 BSS Correspondence and teleconference with opposing counsel regarding discovery disputes.
Receipt and analysis of SOFCO documents and draft correspondence to WPM enclosing
the same.
0.50 230.00/hr 115.00
09/26/12 GTS Prepare Sofco documents for production.
1.25 175.00 /hr 218.75
09/26/12 RSS Analyze issues related to Deposition matters; follow up on the same.
0.50 360.00 /hr 180.00
09/26/12 RSS Review and analyze issues related L,I-IB deposition matters; prepare and work on the same.
1.25 360.00/hr 450.00
09/27/12 BSS Extended teleconference with opposing counsel regarding mediation, expert reports, and
discovery issues. Strategized regarding issues related to the same. Worked on drafting
letter to opposing counsel regarding mediation matters.
1.25 230.00/hr 287.50
09/27/12 RSS Review and analyze issues related to discovery, outstanding matters related to the same;
call with SSE counsel on matters related to the same; review and analyze issues related to
deposition of LHB; follow up on the same.
3.75 360.00/hr 1,350.00
CRM L 00001 Page 4
Invoice#335813
09/27/12 TIC Attention to matters related to mediation. Worked on outline of areas of inquiry for LHB
depositions. Addressed discovery issues.
2.00 455.00/hr 910.00
09/28/12 RSS Review and analyze issues related to LHB deposition matters; follow up on matters related
to the same; analyze strategy matters; review of Les Olds deposition matters.
3.75 360.00/hr 1,350.00
09/28/12 TJC Revised and edited outline of areas of inquiry of LI-1B deponents. Reviewed documents in
preparation for depositions of LI-IB representatives.
2.00 455.00/hr 910.00
09/30/12 RSS Review and analyze issues related to preparation of deposition matters and issues on the
same for LI.-IB.
1.50 360.00/hr 540.00
Total Fees for this Matter: 49.44 $ 16,81735
TiC Costakis, Thomas J. 10.90 hrs 455.00 !hr 4,959.50
RSS Schein, Robert S. 24.00 hrs 360.00/hr 8,640.00
GTS Smith,Gary T. 2.29 hrs 175.00/hr 400.75
BSS Strawbridge,Bryan S. 12,25 hrs 230.00/hr 2,817.50
Total: 49.44 hrs $ 16,817.75
Color Copies 29.00
Federal Express 32.87
Photocopies 172.80
09/13/12 PAYEE: Baynes Reporting Service; REQUEST/4: 11136; 1,053.81
DATE: 10/10/2012. - CRML-1 Copy Transcript
Total Disbursements for this Matter: $ 1,288.48
TOTAL FEES: $ 16,817.75
TOTAL DISBURSEMENTS: $ 1,288.48
TOTAL CHARGES FOR Tf1IS BILL: $ 18,106.23
This invoice is due upon receipt.
Please make checks payable to Krieg DeVault LLP and reference the invoice number.
Onc Indiana Square
16
ICRIEG I JEVAULT. Suite 2800
Indianapolis, IN 46204-2079
T:317.636.4341
F:317.636.1507
Fed. FIN H 35-1055087
WWW.KRIEGDEVAULT.COM
Carmel Redevelopment Commission
Les Olds, AIA, Executive Director
30 West Main Street, Suite 220
Carmel, IN 46032 p
October 25,2012 1 ��
Invoice Number 336279
• Our File #: CRML 00003 RSS
Hagerman/Crider
FOR PROFESSIONAL SERVICES RENDERED THROUGH September 30, 2012
09/04/12 CES Review of revisions to Claw-back agreement submitted by counsel for Hagerman; analysis
and review of concrete and limestone contracts between the CRC and Hagerman,
memorandum and attached documentation provided by Crider regarding all
correspondence and documentation related to Hagerman and correspondence and
documentation submitted by Shiel Sexton regarding Hagerman in preparation for drafting
the CRC's counterclaims against Hagerman; drafted the CRC's counterclaims against
Hagerman to be submitted with the CRC's answer to Hagerman's Answer and Amended
Cross-Claim.
5.50 210.00 /hr 1,155.00
09/04/12 RSS Follow up on outstanding matters related to Answer and Counterclaim; analyze discovery
matters.
0.50 360.00 /hr 180.00
09/04/12 T JC Receipt and review of order on status conference and case management order. Review
and analysis of revisions to claw back proposed by counsel for Crider and Hagerman.
1.10 455.00/hr 500.50
09/05/12 CES Attention to potential counterclaims against Hagerman Construction Corp. in response to
its Cross-Claim against CRC; review of Concrete and Limestone Agreements between
Hagerman and CRC in preparation for drafting facts supporting counterclaim; drafted the
same.
1.50 210.00/hr 315.00
INDIANA ILLINOIS f GEORGIA FLORIDA MINNESOTA
CRML.00003 Page 2
Invoicd#336279
09/05/12 RSS Analyze discovery matters; analyze counterclaim and answer; follow up on the same.
1.00 360.00/hr 360.00
09/05/12 TJC Worked on answer, affirmative defenses and counterclaim. Addressed discovery issues.
2.00 455.00/hr 910.00
09/06/12 CES Analysis and review of correspondence between contractors and the CRC and
documentation regarding Hagerman Concrete delamination issue and required
remediation, and analysis and review of the same regarding the defective concrete stair
treads and landing work by Hagerman and required remediation in preparation for drafting
breach of contract counterclaim and claim for damages; analysis and review of pay
applications submitted by Hagerman between March 2008 and October 2009 in
preparation for drafting fraud claim; teleconference with Shiel Sexton regarding
Hagerman delays and remediation work; continued work on the CRC's Answer and
Counter Claims in response to Hagerman's Answer and Amended Cross-Claim; litigation
strategy regarding the same.
6.50 210.00 /hr 1,365.00
09/06/12 RSS Review and analyze issues related to counterclaim and matters on the same; analyze
defenses to the same; review of issues related to setoff and matters on the same; calls and
follow up on issues related to setoff matters; work on complaint.
6.25 360.00/hr 2,250.00
09/06/12 TJC Revised and edited draft of answer to cross claim by Hagerman. Addressed issues related
to affirmatively pleading no right to a jury trial. Review and analysis of documents
provided by Shiel Sexton related to delamination problem in support of counterclaim
against Hagerman.
1.20 455.00/hr 546.00
09/07/12 CES Edits and revisions to the CRC's Answer and Counterclaim in response to 1-lagerman's
Answer and Amended Cross-Claim; analysis and review of pay applications and
continuation sheets submitted by Hagerman from March 2008 through December 2008 in
preparation for asserting claim of fraud; correspondence with Ryan Anderson regarding
work completed by Purdy Masonry due to complications created by Hagerman; analysis
and review of correspondence and documentation regarding the same; analysis and review
of case law regarding damages available for fraud and conversion.
5.25 210.00 /hr 1,102.50
09/07/12 RSS Review and work on counterclaim; analyze issues related to cross-claim and issues for the
same; review of discovery in preparation of the same; several calls with Shiel on the same;
call with Kathy at Travelers regarding status of the same.
7.75 360.00/hr 2,790.00
09/07/12 TJC Addressed issues related to counterclaim against Hagerman.
0.50 455.00/hr 227.50
09/09/12 CBS Analysis and review of Indiana statutory and case law regarding fraud, conversion,
criminal mischief and deception in preparation for drafting counterclaims against
Hagerman Construction; drafted summary of potential claims and elements for Rob
CRML 00003 Page 3
InveiceN 336279
Schein.
2.25 210.00/hr 472.50
09/10/12 CES Edits and revisions to CRC's Answer and Counterclaim to 1-iagerman's Cross-Claim;
prepared and marked exhibits for the same and prepared for filing.
1.50 210.00!hr 315.00
09/10/12 MQ Analysis of claims regarding deception and criminal mischief.
0.75 395.00 /hr 296.25
09/10/12 RSS Analyze issues related to counterclaim; draft and revise the same; work on the same;
analyze claims and related issues; call with Ryan Wilmering on the same.
7.50 360.00 /hr 2,700.00
09/10/12 TJC Worked on draft of answer to Hagerman counterclaim. Considered merits of alleging
conversion and deception against Hagerman. Addressed issue of waiver by Crider due to
October 20, 2009 withdrawal of claim.
0.90 455.00/hr 409.50
09/11/12 CES Correspondence with Allen County Clerk of Courts regarding the CRC's Answer and
Counterclaim.
0.10 210.00/hr 21.00
09/11/12 RSS Work on outstanding matters related to discovery and strategy moving forward.
1.00 360.00/hr 360.00
09/12/12 CES Review of Notice of Completion of Clerk's Record and attached chronological case
summary served by the Allen County Clerk of Courts; correspondence with Allen County
Clerk's office regarding deficiencies in the Notice and to request an amended Notice he
issued.
0.40 210.00 /hr 84.00
09/12/12 LNG Assist with appellate procedural questions related to need to correct notice of completion
of clerk's record.
0.25 395.00/hr 98.75
09/12/12 RSS Analyze issues related to claw back matters and discovery; follow up on appeal status.
0.50 360.00/hr 180.00
09/12/12 "I'JC Receipt and review of notice of completion of record.
0.20 455.00/hr 91.00
09/17/12 CBS Drafted memorandum to Karl Haas, Les Olds and Ryan Wilmering regarding the City of
Cannel's appeal of the Allen County Circuit Court's Order Denying Motion to Transfer to
Preferred Venue.
0.75 210.00/hr 157.50
09/17/12 RSS Appeal issues related to appeal matters; follow up on the same; analyze discovery matters
and issues on the same.
CRML 00003 Page 4
Invoice#336279
0.75 360.00 (hr 270.00
09/17/12 TJC Receipt and review of amending notice of completion of clerk's record.
0.20 455.00/hr 91.00
09/18/12 RSS Review and analyze issues related to Hagerman letter; follow up on the same.
0.25 360.00/hr 90.00
09/18/12 TJC Evaluated threat by Hagerman to assert frivolous claim.
0.50 455.00/hr 227.50
09/20/12 CES Edits and revisions to Joint Stipulated Discovery Order; attention to outstanding issues
related to the CRC's appeal of the Order denying its Motion to Transfer Venue.
0.75 210.00 /hr 157.50
•
09/20/12 RSS Analyze Joint Stipulation regarding Discovery; analyze letter from Hagerman; analyze
Claw-Back Agreement revisions;analyze discovery matters and issues on the same;
prepare response to the same.
1.75 360.00/hr 630.00
09/20/12 TJC Reviewed, analyzed and provided comments on joint stipulation. Strategized related to
response to Hagerman's assertion of frivolous regarding counterclaims.
1.00 455.00/hr 455.00
09/21/12 RSS Analyze issues on Joint Stipulation matters; follow up on the same; correspondence with
Hagerman counsel on matters related to the same; review of issues on the same.
1.75 360.00/hr 630.00
09/21/12 TJC Provided comments on revisions to draft stipulation among parties to not seek court
intervention on any matter pending resolution of the appeal.
0.30 455.00 /hr 136.50
09/26/12 RSS Analyze issues related to discovery matters; work on the same.
0.50 360.00/hr 180.00
09/27/12 RSS Follow up on matters related to discovery.
0.25 360.00/hr 90.00
09/28/12 RSS Review and analyze issues related to discovery matters and claw back agreement; Ibllow
up on the same.
1.25 360.00/hr 450.00
Total Fees for this Matter: 64.40 $ 20,294.50
37C Costakis, Thomas J. 7.90 hrs 455.00 /hr 3,594.50
LYG Goodknight, Libby Y. 0.25 hrs 395.00/hr 98.75
MQ Quigley, Marc T. 0.75 hrs 395.00/1w 296.25
CES Sabatine, Catherine E. 24.50 hrs 210.00/hr 5,145.00
CRML 00003 Page 5
Invoice!!336279
RSS Schein, Robert S. 31.00 hrs 360.00/hr 11,160.00
Total: 64.40 hrs $ 20,294.50
Federal Express 7.70
Photocopies 190.00
09/07/12 Computerized Research - Westlaw 125.87
09/09/12 Computerized Research - Westlaw 113.13
09/10/12 VENDOR: Catherine Sabatine; INVOICE#: EX091012; 21.60
DATE: 9/10/2012; Postage Stamps - machine was down at 015
09/11/12 PAYEE: Allen County Clerk; REQUEST#: 10137; DATE: 10.00
9/11/2012. - CRML-3 Filing Fee for Counterclaim
Total Disbursements for this Matter: $ 468.30
TOTAL FEES: $ 20,294.50
TOTAL DISBURSEMENTS: $ 468.30
TOTAL CHARGES FOR THIS BILL: $ 20,762.80
This invoice is due upon receipt.
Please make checks payable to Krieg DeVault LLP and reference the invoice number.
•
I€j KRIEG I DEVIULT. WWW.KHIKGDEVAULT.COM
Les A. Olds ATA
CARMEL REDEVELOPMENT COMMISSION
October 29, 2012
Page 3
Summary of Litigation matters below
1. SSE Litigation CRML-1: $18,106.23
2. Crider/Hagerman Litigation CRML-3: $20,294.50
Sincerely,
Robert S. Schein
RSS:ady
Enclosures
cc: Karl Haas (via e-mail only w/encls.)
Ryan Wilmering (via e-mail only w/encls.)
Thomas J. Costakis, Esq. (via e-mail only w/encls.)
Andrew B. Buroker, Esq. (via e-mail only w/cncls.)
KD_4599995_I.DOCX
Proscdbpd by Stale Board of Accounts City Form No.201(Row.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
k ?/z Ion pea* Purchase Order No.
Cna /w/,#e, SPVryia/ S>i"/v• 2boo Terms
o-74i/064 /41 5'G2G`/ _269 72. Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
3 6 279 - 20 762
/°/V--//C! 3} c8/3 /i9c c3/44,5 /06,22
Total 3'8'6 1,67 3
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.
Il-►y , 2012
- erc Treasurer