HomeMy WebLinkAboutKRIEG DEVAULT LLP- 003238- 10/18/2012 CARMEL REDEVELOPMENT COMMISSION 003238
Krieg Devault LLP Check: 3238
Ore Indiana Square Date: 10/18/2012
Suite 2800 Vendor: KRIEGDE1
Indianapolis, IN 46204-2079
Prior
Invoice P.O. Num, Invoice Amt Balance Retention Discount Amt. Paid
See Transmittal Sheet for check detail.
123,831.42 123,831.42 0.00 0.00 123,831.42
t_CAATHEKEYyTO DOCUMENTLSECURrTV 0 HEATrACTiVATEDyTHUMB PRINTZADDITIONACI SECURITY.FEATURES INCLUDEO,,t SEE-SACK FOR DETAILS fit{(
'pi56 DE% Carmel Redevelopment Commission 003238
30 West Main Street REGIONS
Suite 220 20.1021/740
a�;:: Carmel, IN 46032
I
3238
DATE AMOUNT
10/18/2012 123,831.42
PAY THE SUM OF ONE HUNDRED TWENTY THREE THOUSAND EIGHT HUNDRED THIRTY ONE DOLLARS AND 42 CENTS"""'
TO THE
ORDER
OF Krieg Devault LLP
One Indiana Square
Suite 2800
Indianapolis, IN 46204-2079 "'
000 3 2 380 1:0 740 O. 2 1 31: 00E1 7 504 1 1 Le
CARMEL REDEVELOPMENT COMMISSION 003238
Krieg Devault LLP Check: 3238
One Indiana Square Date: 10/18/2012
Suite 2800 Vendor: KRIEGDE1
Indianapolis, IN 46204-2079
Prior
Invoice P.O. Num. Invoice Amt Balance Retention Discount Amt. Paid
See Transmittal Sheet for check detail.
123,831.42 123,831.42 0.00 0.00 123,831.42
•
(.11.52 COMPUTEREASE FORMS DIVISION(977)577.5791 T-]1]71 J'.Z)1
JI
Transmittal Sheet Page 1
Carmel Redevelopment Comm
Krieg Devault LLP Check: 3238
One Indiana Square Date: 10/18/2012
Suite 2800 Vendor: KRIEGDE1
Indianapolis, IN 46204-2079
Prior
Invoice P.O. Num. Invoice Amt Balance Retention Discount Amt. Paid
328194 44,249.65 44,249.65 0.00 0.00 44,249.65
PAC Claims expenses
329202 42,981.07 42,981.07 0.00 0.00 42,981.07
Hagerman/Crider claims
330189 22,875.79 22,875.79 0.00 0.00 22,875.79
PAC Claims
330885 13,724.91 13,724.91 0.00 0.00 13,724.91
hagerman/Crider claims
123,831.42 123,831.42 0.00 0.00 123,831.42
•
I€j KRIEG I DEVAULT® WWW.KRIEGDEVAULT.COM
July 31, 2012 Robert S. Schein
Direct Dial: (317)238-6276
E-mail: rschein®hdlcgal.com
VIA E-MAIL AND U.S. MAIL
Les A. Olds AIA
CARMEL REDEVELOPMENT COMMISSION
30 West Main Street, Suite 220
Carmel IN 46032
Re: Krieg DeVault Summary of Invoices for April, May and June, 2012
Dear Les:
As discussed, enclosed are Krieg DeVault's attorney fee statements for the months
of April, May and June, 2012, separated with respect to the SS&E litigation and the
Crider/Hagerman litigation.
As discussed with the SS&E Litigation, we have been working diligently with
respect to the discovery review process and in particular with Walter P. Moore during their
review and preparation of an expert report for the SSE Litigation. As a reminder, you will
note that we have attempted to utilize our resources to maximize the value to the CRC as
set forth in detail in the invoices. For example, we have continued to use Gary Smith, our
in-house Litigation Specialist, in effort to save the CRC costs related to the discovery
production.
As set forth in separate correspondence, we conducted our Pre-Trial Conference and
provided you a copy of the Scheduling Order received from the Court. In particular, the
Court set this matter for trial in June 2013 and agreed with us to order Mediation to occur
in 2012. We will continue to work towards this date and moving this case forward.
With respect to the Crider/I-Iagerman Litigation, we have incurred a significant
amount of fees related to the litigation filed by Crider and Hagerman against the CRC
fighting venue. Hagerman has served discovery and we are working to address the venue
options related to the Court's recent denial of our Venue request.
12800 NORTH MERIDIAN STREET, SUITE 300. CARMEL, IN 46032-5406 T 317.566.1 1 10 F 317.636.1507
ITT MERITAS LAW FIRMS WORLDWIDE
I€j KRIEG I JEVAULT. WWW.KRIEGOEVAULT.COM
Les A. Olds ALA
CARMEL REDEVELOPMENT COMMISSION
July 31, 2012
Page 2
For your use of reference, I am providing a summary of the litigation matters below
separated out per month. As always, should you have any questions, please do not hesitate
to contact me or anyone else at any time.
Summary of Litigation matters below
1. SSE Litigation CRML-1:
April: $20,761.50
May: $10,914.75
June: $12,119.50
Total: $43,795.75
2. Crider/1-lagerman Litigation CRML-3:
April: $ 4,580.00
May: $15,428.00
June: $22,1 32.50
$42,140.50
k_Q
Sincerely,
r
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. 13uroker, Esq. (via e-mail only w/encls.)
10_4390647 J.docx
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Carmel Redevelopment Commission
Les Olds, MA, Executive Director
30 West Main Street, Suite 220
Cannel, IN 46032
July 19, 2912
Invoice Number 328194
Our File#: CRML 00001 ABB
Performing Arts Center Claims
FOR PROFESSIONAL SERVICES RENDERED THROUGH June 30, 2012
04/03112 RSS SSE issues; analyze and work on issues related to matters on Walter P Moore;
0.25 360.00 ihr 90.00
04/04/12 BSS Worked on analyzing Walter P. Moore discovery responses. Strategized/reviewed CRC's
documents included in production.
0.40 230.00 /hr 92.00
04/04/12 RSS SSE: Review of issues related to discovery; work and follow up on the same;
2.50 360.00/hr 900.00
04/05/12 BSS Analysis of documents to he provided in response to SSE's discovery requests and
correspondence related thereto.
0.50 230.00 /hr 115.00
04/05/12 GTS Conference regarding documents. Prepare documents for attorney review.
1.39 175.00/hr 243.25
04/05/12 RSS SSE: Work and review of discovery for production; analyze issues on the same; work on
the same; review of documents; analyze privilege matters; analyze legal issues on the
same;
10.75 360.00/hr 3,870.00
04/05/12 TJC Addressed issues of potential claim of privilege on certain specific documents to be
produced to SSE. •
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CRML 00001 Page 2
Invoiced 328194
0.50 455.00 !hr 227.50
04/06/12 BSS Drafted correspondence to counsel for SSE enclosing discovery responses and CD of
documents.Worked on revising discovery responses. Strategized regarding production of
documents. Analysis of documents to he provided in response to request for production.
2.70 230.00/hr 621.00
04106/12 GTS Prepare production of documents in response to request for production.
8.66 175.00/1u 1,515.50
04106/12 MQ Analyzed issues regarding document production,privilege and settlement
communications.
0.50 395.00/1r 197.50
04/06/12 RSS SSE: Review and work on discovery production to SSE today; analyze legal issues on the
same;
4.75 360.00/hr 1,710.00
04/09/12 BSS Correspondence and analysis regarding discovery review.
0.25 230.00/hr 57.50
04/09/12 GTS Load production of documents from LHB to database. Prepare documents for attorney
review.
2.21 175.00/hr 386.75
04/09/12 RSS Review and work on discovery matters related to LHB; follow up on issues related to the
same;
0.75 360.00/1r 270.00
04/11/12 RSS SSE: Analyze issues related to LHB matters; follow up on discovery documents status;
0.50 360.00/hr 180.00
04/12/12 RSS SSE: Review and work on discovery issues related to SSE production;
1.50 360.00/hr 540.00
04/13/12 BSS Analysis of documents from SSE, CSO and LHB. Review of documents from Walter P.
Moore for privilege.
0.50 230.00/1w 115.00
04/13/12 RSS SSE: Review of issues related to discovery mailers and work on the same;
0.75 360.00/1r 270.00
04/16/12 BSS Analyzed Walter P. Moore's documents responsive to non-party requests. Teleconference
regarding discovery issues.
0.50 230.00/hr 115.00
04/16/12 GTS Conference call regarding electronic data. Prepare third party data for production.
0.53 175.00/hr 92.75
CRML 00001 Page 3
invoice 328194
04/16/12 RSS SSE: Analyze issues related to Walter P Moore discovery matters; review of the discovery
and issues on the same; analyze legal strategy going forward;
2.25 360.00/hr 810.00
04117/12 I3SS Teleconference with opposing counsel for SSE regarding Walter P. Moore discovery
issues; correspondence regarding the same. Teleconference/strategy regarding scheduling
of depositions and discovery issues.
0.50 230.00/hr 115.00
04/1 7/12 GTS Run keyword searches against data in database.
1.00 175.00/hr 175.00
04/17/12 RSS SSE: Work on discovery and case management matters; review of outstanding issues
related to Walter P Moore matters; analyze the same;
0.75 360,00/hr 270.00
04/17/12 TJC Worked on time line for completion of written discovery, provision of all documents to
WPM; delivery of expert report by WPM, initiation of arbitration against LHB, and
potential global mediation,
0.50 455.00/hr 227,50
04/78/12 BSS Teleconferences with counsel for SSE regarding payment of settlement amount for
attorneys' fees due to SSE's improper removal to federal court and discovery productions.
Worked on preparing materials to Walter P. Moore regarding expert report.
0.50 230.00/hr 115.00
04/18/12 GCS Prepare copies of all received productions for expert.
1.75 175.00 /hr 306.25
04/18/12 RSS SSE: Analyze discovery related matters; follow up with Walter P Moore on issues related
to reports and discovery matters; review of matters in preparation for CRC meeting; attend
CRC executive session meeting;
3.75 360.00/hr 1,350.00
04/19/12 BSS Teleconferences with counsel for SSE regarding discovery issues and document
productions. Drafted correspondence to Walter P. Moore regarding documents.
Strategized regarding review of WPM non-party discovery documents.
0.40 230.00/hr 92,00
04/19/12 GTS Prepare copies of all received productions of data for expert.
4.57 175.00/hr 799.75
04/19/12 RSS SSE: Analyze strategy matters; work on the same;
1.75 360.00/hr 630.00
04/20/12 BSS Drafted correspondence to Walter P. Moore experts regarding materials for review in
preparation of expert reports. Analysis of documents/materials to be provided to WPM;
strategized/prepared materials for WPM.
1.00 230.00/hr 230.00
CRlM1.00001 Page 4
Invoiceif 328194
04120/12 RSS SSE: Analyze strategy matters; review of issues for discovery and review of documents
related to Walter P Moore production; analyze strategy and production of the same;
1.50 360.00 Mr 540.00
04/23/12 RSS SSE: Follow up on matters related to discovery and issues on the same; analyze issues
related to Walter P Moore production and issues on the same;
0.50 360.00/hr 180.00
04124/12 GT5 Run searches against WPM production. Prepare documents for attorney review.
2.05 175.00/hr 358.75
04/24/12 RSS SSE: Analyze outstanding matters on discovery; follow up on the same; work on status of
die same;
1.25 360.00/hr 450.00
04/25/12 BSS Analysis of Walter P. Moore's documentation and review for privilege.
2.25 230.00/hr 517.50
04/25/12 GTS Conference call to discuss upcoming production of documents. Run searches and prepare
documents for attorney review.
2.32 175.00 /hr 406.00
04/25/12 RSS SSE: Work on Walter P Moore discovery matters; analyze issues on the same; review of
discovery and documents on the same;
1.75 360.001 hr 630.00
04/27/12 RSS SSE: Analyze issues related to WPM discovery matters; follow up and work on the same;
0.50 360.00 /hr 180.00
04/30/12 BSS Analysis for privilege of documents provided by Walter P. Moore to be produced in
response to non-party discovery requests. Prepared documents for production.
2.50 230.00 (hr 575.00
04/30/12 GTS Call regarding documents for attorney review and production.
0.60 175.00/hr 105.00
04/30/12 RSS SSE: Review and analyze issues related to discovery related matters;
0.25 360.00 /hr 90.00
05/01/12 BSS Worked on preparing Walter P. Moore's documents to he produced in response to non-
party requests. Strategized regarding privilege and production concerns.
0.50 230.00/hr 115.00
05/01;12 RSS SSE litigation: Analyze issues and review of matters for discovery;
0.50 360.00 /hr 180.00
05/02/12 BSS Attended to discovery issues and correspondence related to Creviston and CSO's
discovery responses to non-party requests.
CRJML 00001 Page 5
Invoice#328194
0.40 230.00 ihr 92.00
05/02/12 RSS SSE: Analyze WPM discovery matters; review of the same;
0.50 360.00/1r 180.00
05/02/12 TJC Strategy and analysis of potential avenues toward settlement.
0.50 455.00/hr 227.50
05/03/12 BSS Worked on preparing discovery production.
0.30 230.00 /1w 69.00
05/03/12 GTS Prepare database for document production
0.53 175.00/hr 92.75
05/03/12 RSS Review and analyze matters related to WPM discovery issues; review of discovery
response;
0.75 360.00/hr 270.00
05/04/12 BSS Worked on preparing document responses for non-party requests issued to WPM.
0.75 230.00 /hr 172.50
05/04/12 GTS Prepare production of documents in response to request for production.
5.85 175.00/hr 1,023.75
05/04/12 RSS Review of WPM documents for discovery; review and analyze privilege matters;call with
Walter I' Moore on matters related to litigation; work on review of production to SSE;
6.25 360.00/1w 2,250.00
05/04/12 TJC Conference call with Mark Holland of Walter P. Moore related to preparation ofa report
on liability, review of documents produced by SSE, Creviston, CSO and SS. Review and
analysis of specific documents from Walter P. Moores files for potential claims of
privilege, as well as potential relevance and affect on claims and defenses.
2.00 455.00/hr 910.00
05/06/12 GTS Prepare production of documents in response to request for production.
1.34 175.00/hr 234.50
05/07;12 BSS Analysis of documents provided to CRC's insurance carrier regarding claims.
Teleconferences and email correspondence with SSE's counsel regarding Shiel and CSO
documents. Dratted correspondence to SSE's counsel. Worked with litigation support
personnel to prepare document productions.
2.00 230.00/hr 460.00
05/07/12 GTS Finalize production ofdoeuments in response to request for production.
1.53 175.00 /hr 267.75
05/07/12 RSS Review and analyze outstanding Discovery matters;work on matters related to litigation
and strategy;
1.25 360.00/hr 450.00
CRML 0000 t Page 6
Invoice#328t94
05/08/12 RSS SSE: Analyze issues related to discovery matters; work on the same; review of matters
regarding Walter P Moore and report on the same;
0.50 360.00/ltr 180.00
05/11/12 RSS Work on SSE discovery matters; calls with Walter P Moore on the same;
1.50 360.00/hr 540.00
05%11/12 TJC Conference call with Walter P. Moore related to progress on review of documents
obtained from SSE, SS, LHB.
0.50 455.00/1r 227.50
05/14/12 RSS Follow upon issues related to discovery and matters going forward; analyze the same;
0.50 360.00/hr 180.00
05/17/12 BSS Teleconferences with counsel for SSE regarding settlement check to be provided in
accordance with dismissal of federal appeal as well as discussed issues related to nonparty
documents to be produced by Creviston. Strategized regarding drafting case management
plan and scheduling of depositions of principles for SSE.
0.70 230.00 /hr 161.00
05/1 8/12 RSS Follow up on discovery matters; analyze the same;
0.25 360.00/hr 90.00
05/21/12 BSS Correspondence to and from opposing counsel related to revisions to release and
settlement agreement for settlement of appeal and payment to be made. Strategized
regarding the same.
0.25 230.00/hr 57.50
05/22/12 BSS Worked on revising release of federal appeal dispute, analyzed areas of concern, and
strategized regarding response to opposing counsel.
0.25 230.00 /hr 57.50
05/22/12 RSS Review and follow up on discovery related matters;
0.25 360.00 /hr 90.00
05/22/12 RSS Review and analyze issues related to Release Agreement; follow up on matters related to
the same; analyze issues on the same;
1.75 360.00/hr 630.00
05/22/12 TJC Revised and edited draft of settlement agreement related to attorneys fees on remand
issue. Special attention to preservation of all claims and defenses in underlying action on
the merits.
0.50 455.00/hr 227.50
0523/12 BSS Analyzed revise proposed release to be countered to opposing counsel related to
settlement of attorneys fee claim.
0.25 230.00 /hr 57.50
CRML 00001 Page 7
Invoice#328194
05/23/12 RSS Draft and revise Release of Attorney Fee Agreement; correspond with Les Olds, Karl
Haas and Ryan Wilmering on the same; analyze issues related to the same; analyze and
follow up on discovery matters;
1.50 360.00/hr 540.00
05/24/12 RSS Analyze release of attorney lees claim; communicate the same; discovery follow up;
analyze strategy and outstanding matters;
1.50 360.00/hr 540.00
05/30/12 RSS Analyze matters related to discovery issues;
0.25 360.00/hr 90.00
05/31/12 BSS Drafted and revised Motion for Pretrial Conference and proposed Order thereon.
• Correspondence regarding procedural strategy and seeking court's involvement to set
pretrial order.
0.50 230.00 /hr 115.00
05/31/12 TJC Worked on draft of petition for case management conference. Considered necessary
phases of litigation and various potential tracks.
0.30 455.00 /hr 136.50
06/01/12 BSS Attention to and revisions of Motion for Pretrial Conference and proposed Order on the
same. Strategized regarding release documents related to attorneys fees appeal which was
resolved by agreement of the parties. Conference with opposing counsel regarding the
same.
0.40 230.00 /hr 92.00
06/01/12 RSS Analyze outstanding matters; work on the same; work on strategy and Pre-Trial
Conference Motion;
0.75 360.00 /hr 270.00
06/05/12 RSS Analysis of matters related to litigation and discovery matters; work on the same;
0.50 360.00/hr 180.00
06/06/12 BSS Strategized regarding scheduling of depositions and procedural strategy going forward.
Analysis of court filings related.
0.40 230.00/hr 92.00
06/08/12 BSS Teleconference with opposing counsel regarding non-party requests from Creviston and
settlement release language issues. Attention to drafting non-party requests for production
to Creviston.
1.50 230.00/hr 345.00
06/08/12 RSS Follow up on issues related to settlement and discovery; review of strategy going forward;
0.50 360.00/hr 180.00
06/08/12 TiC Receipt and review of court order setting status conference on litigation pending in
Hamilton County. Considered preparation needed and issues to he raised.
0.20 455.00/hr 91.00
CRML 00001 Page 8
hrvoicef 328194
06/09/12 TJC Revised and edited drafts of non-party requests for production directed to Creviston.
Analysis of SSE's failure to insist upon Creviston's compliance with SSE's noon-party
request and subpoena.
0.40 455.00 /hr 182.00
06/11/12 ATD Prepare draft of Non Party Subpoena to Creviston Engineering, Inc. Forward to
Strawbridge fro review.
0.50 195.00 /hr 97.50
06/11/12 RSS Analysis of strategy and moving case forward; follow up on the same;
0.50 360.00 /hr 180.00
06/12/12 BSS Worked on drafting/revising nonparty discovery request to be provided to Creviston;
correspondence with opposing counsel regarding waiver of 15 day time]imitation. Receipt
and attention to revisions to settlement agreement provided by opposing counsel.
0.50 230.00/hr 115.00
06/12/12 RSS SSE discovery and review; analyze strategy matters; follow up with SSE on matters;
review of the same; work on matters related to WPM; call with Mark I-Tolland on the
same;
1.50 360.00 /hr 540.00
06/13/12 BSS Correspondence with opposing counsel regarding revisions to settlement agreement and
waiver of 15 day. To serve discovery requests on nonparty. Attention to finalizing revising
nonparty discovery request to Creviston; drafted letter to Creviston and opposing counsel
regarding nonparty request.
0.50 230.00 /hr 115.00
06/13/12 RSS Review and analyze issues related to Walter P Moore matters; analyze strategy on case
management matters going forward; review of the same; review and analyze issues related
to settlement agreement and recent changes to the same;
1.25 360.00 /hr 450.00
06/13/12 TJC Attention to status of WPM's review of documents and timing of report. Considered need
for preparation of draft ease management plan in anticipation of telephonic call with court.
Review and analysis of SSE's proposed further edits to draft settlement agreement related
to attorneys' fees on the removal and remand issue.
1.40 455.00 /hr 637.00
06/15/12 GTS Process and prepare native LII13 documents for attorney review.
1.19 175.00 /hr 208.25
06/15/12 RSS Review and analyze issues related to Walter P Moore matters and discovery on the same;
Iollow up on matters related to issues on the same; review of discovery matters;
5.25 360.00/hr 1,890.00
06/15/12 TJC Review and analysis of opinion letter provided by MD11 to CSO 2007-02-05 related to
cause and proposed remcdialion.
CRML 00001 Page 9
Invciceff 328194
0.50 455.00 /1r 227.50
06/18/12 BSS Analyzed document production by LHB related to engineer's analysis of load limitations
on dome; strategized regarding the same.
0.25 230.00/hr 57.50
06/18/12 RSS Analyze WPM matters; review of strategy;
0.50 360.00 /1r 180.00
06/I8/12 TJC Attention to issues related to CSO's seeking of independent analysis of failure and
remediation plan. Addressed issues related to WPM.
0.80 455.00/hr 364.00
06/19/12 RSS Call with WPM on matters related to discovery and going forward issues on the same;
analyze strategy matters;
0.50 360.00/hr 1 80.00
06/20/12 RSS WPM strategy; review and analyze issues related to the same; work on the same;
1.50 360.00/hr 540.00
06/20/12 TJC Prepared for conference with WPM related to status of review of documents and draft of
report on liability.
0.50 455.00/hr 227.50
06/21/12 RSS Review and analyze issues related to WPM analysis;
0.50 360.00/hr 180.00
06/22/12 BSS Analyzed documents denoted by WPM as related to structural defects of dome and
strategized regarding implications therefrom; correspondence regarding the same.
0.60 230.00/hr 138.00
06/22/12 GTS Prepare documents for attorney review.
1.04 175.00/hr 182.00
06/22/12 RSS Call with WPM on issues related to discovery matters; analyze issues on the same;
2.50 360.00/hr 900.00
06/22/12 DC Participated in conference call with Walter P. Moore representatives to address status of
report on liability.
0.50 455.00/hr 227.50
06/23/12 DC Review and analysis of critical documents identified by WPM from combined document
productions of LHB, SSE, SS and CSO.
0.50 455.00/hr 227.50
06/24/12 GTS Prepare LHB native data for attorney review.
2.00 175.00/hr 350.00
06/25/12 ACW Attention to directive from Bryan Strawbridge regarding Non-Party Creviston
CRML 00001 Page 10
Invoice#;23194
Engineering's responsive documents; brief conference with Bryan Strawbridge regarding
production in received format and production by common reference; attention to
Creviston's responsive documents; generate one (1) duplication of responsive documents;
attention to files containing security settings; correspondence to Bryan Strawbridge
regarding the same.
1.30 160.00/hr 208.00
06/25/12 BSS Receipt and analysis of documents and correspondence provided by Creviston. Strategized
regarding documents produced. Prepared documents and materials to be supplied to
Walter P Moore. Strategized regarding hearing [ case management plan and drafting
proposed of the same.
0.75 230.00 /hr 172.50
06/25/12 RSS Review and analyze issues related to discovery matters; follow up on Creviston matters;
analyze issues related to the same;
1.00 360.00/hr 360.00
06/25/12 TiC Receipt and review of response to document request provide by Creviston.
GAO 455.00/hr 182.00
06/26/12 ACW Prepare two production CDs of Creviston Engineering's responsive documents hearing
common reference for internal and client use.
0.70 160.00 /hr 112.00
06/26/12 BSS Drafted correspondence to opposing counsel addressing discovery issues and document
production from Creviston. Drafted correspondence to WPM regarding Creviston
production. Strategized regarding Creviston's untimely response to SSE's non-party
requests and issues related to timing implications associated with the same.
0.50 230.00/hr 115.00
06/26/12 GTS Process and prepare native LHB production for attorney review.
2.02 175.00 /hr 353.50
06/27/12 BSS Correspondence to and from opposing counsel regarding document productions;
strategized regarding document productions. Strategized regarding drafting of discovery
request to nonparties.
0.25 230.00 /hr 57.50
06/27/12 T.IC Addressed issues of distinction between venue under TR 75 and venue under TR 76 in
anticipation of today's hearing on such issues.
0.30 455.00 /hr 136.50
06/28/12 GTS Process native LHB production and prepare documents for attorney review.
1.47 175.00 /hr 257.25
06/28/12 RSS Analyze issues on outstanding matters related to discovery and WPM; follow up on the
same;
0.50 360.00/hr 180.00
CRML 00001 Page 11
Invoice;#328194
06/29/12 BSS Strategized regarding hearing to be held before Judge nation related to case management
deadlines discovery matters; attention to drafting proposed case management plan.
Correspondence and teleconferences regarding same.
0.30 230.00/hr 69.00
06/29/12 RSS Follow up on discovery related matters; analyze issues on WPM matters;
0.75 360.00 /hr 270.00
Total Fees for this Matter: 150.45 $ 43,795.75
TJC Costakis, Thomas J. ]0.30 hrs 455.00 rhr 4,686.50
ATD Deibert, Andrew T. 0.50 hrs 195.00/hr 97.50
MQ Quigley, Marc T. 0.50 hrs 395.00/hr 197.50
RSS Schein, Robert S. 71.25 hrs 360.00 !hr 25,650.00
GTS Smith, Gary T. 42.05 hrs 175.00 Air 7.358.75
BSS Strawbridge, Bryan S. 23.85 hrs 230.00/hr 5,485.50
ACW Woodlce, Angela C. 2.00 hrs 160.00 /lir 320.00
Total: 150.45 hrs $ 43,795.75
Federal Express 79.75
Photocopies 16.20
Postage - Express Mail 7.80
04/06/12 Wesdaw 25.82
04/23/12 Overtime Secretarial Services 50.00
05/08/12 PAYEE: Kightlinger& Gray, LLP; REQUEST#: 6378; DATE: 106.99
5/8/2012. - CRML-1 Copying charges related to non-party
discovery from CSO
05/16/12 USB Drives 134.84
05/27/12 VENDOR: Now Courier& Messenger; INVOICE#: 70241; 18.50
DATE: 5/27/2012; Courier Services
06/01/12 VENDOR: Tiana L. Kohler; INVOICE#: EX060412; DATE: 14.00
6/1/2012; Travel to Hamilton County Courthouse
Total Disbursements for this Matter: $ 453.90
TOTAL FEES: $ 43,795.75
TOTAL DISBURSEMENTS: $ 453.90
TOTAL CHARGES FOR THIS BILL: $ 44,249.65
This invoice is due upon receipt.
Please make checks payable to Krieg DeVault LLP and reference the invoice number.
One Indiana Square
KRIEG I DEVAULT® Suite 2800
Indianapolis,IN 46204-207,1
'I':317.636.4341
F:317.636.15117
red. LIN it 35-1055087
W WW,KRIIiGDEVAUL'I'.COM
Carmel Redevelopment Commission
Les Olds, AIA. [Neculive Director
30 West Main Street, Suite 220
Carmel, IN 46032
July 31, 2012
Invoice Number 329202
Our File ?7: CRML 00003 RSS
!Hagerman /Crider
FOR PROFESSIONAL. SERVICES RENDERED THROUGH June 30, 20[2
04/09/12 RSS Flagerrnan/Crider: Follow up on matters related to lilt of stay of litigation; analyze issues
on the same.
025 360.00/hr 90.00
04/10/12 1.455 I-lagernian/Crider: Analyze status with Lift of Stay; call with .Lint Stephenson on issues
related to the some; follow up on mediation matters.
1 .00 360.00 /hr 360.00
04/16/12 RSS Hagerman/Crider: Analyze issues related to litigation matters; follow up on issues related
to Motion for Slay: follow up on matters related to insurance coverage and issues on the
same; analyze legal strategy; review of correspondence related to retainage matters;
analyze issues on the same; analyze issues going forward; communicate with Les Olds and
others on the same.
1.50 360.00/hr 540.00
04/17/12 CGS Hagerman/Crider: Analysis and review of the criteria established by Indiana courts to
evaluate whether evidence supports judgment. under a theory of unjust enrichment in a
dispute between a subcontractor and a property owner.
0.50 210.00 /hr 105.00
04/17/12 RSS Hagerman/Crider: Call with Shiel on matters related to retainage; follow up on issues
related to the same; review of matters related to case and deadlines on response and
transfer issues.
2.50 360.00/hr 900.00
INDIANA ILLINOIS GEORGIA FLORIDA MINNESOTA /ry'
�I✓V
• CRAM 00003 Page 2
Invoice#329202
04/18/12 CI3S Hagerman/Crider: Continued review of the criteria established by Indiana courts to
evaluate whether evidence supports judgment under a theory of unjust enrichment in a
dispute between a subcontractor and a property owner.
0.30 210.00/hr 63.00
04/18/12 RSS Hagerman/Crider: Analyze issues related to matters involving Mediation, Lifting of Stay
and damages; work on the same.
1 .75 360.00 /hr 630.00
04/18/12 TJC 1-lagerman/Crider: Analysis of motion to lift stay in light of venue issue and court's failure
to rule on initial joint motion to stay.
0.20 455.00 /hr 91.00
04/19/12 RSS Hagerman/Crider: Analyze settlement matters; follow up on related issues with Bill 13aten
regarding settlement; analyze and follow up on litigation strategy going forward.
1.25 360.00/hr 450.00
04/20/12 RSS Hagerman/Crider: Follow up on settlement matters.
0.25 360.00/hr 90.00
04/23/12 RSS Hagerman/Crider: Follow up on matters related to settlement and issues on the same;
follow up on matters related to rctainage.
0.50 360.00/hr 180.00
04/24/12 RSS f lagerman/Crider: Follow up with Jim Stephenson on matters related to Motion to Lift
Stay; review of the same; follow up with Mediator on the same.
0.50 360.00/hr 180.00
04/24/12 TIC 1-lagerman/Crider: Evaluation of effect of court's order lifting the stay.
0.20 455.00/hr 91 .00
04/25/12 RSS 1-lagerntan/Crider: Analyze issues related to mediation; call to 13ill Haten on the same; call
with Jim Stephenson on matters related to the same.
0.75 360.00 /hr 270.00
04/26/12 RSS I-lagerman/Crider: Analyze issues related to matters involving mediation; calls on the
same.
0.50 360.00 /hr 180.00
04/27/12 RSS Hagerman/Crider: Call to mediator. 13i1I Baten, regarding potential settlement matters;
analyze issues related to venue issues.
0.75 360.00 /hr 270.00
04/30/12 RSS Hagerman/Crider: Review and analyze potential settlement matters; follow up with
Mediator on the same.
0.25 360.00/hr 90.00
05/01/12 RSS Hagerman/Crider: Analyze settlement and strategy matters.
CRML 00003 Page 3
Invoicch 329202
0.75 360.00/hr 270.00
05/02/12 RSS Review and analyze settlement; calls to Tom Pastore on the same; analyze strategy and
response matters; work on the same; call with Bill l3aten regarding settlement matters; call
with Toni Pastore on the same.
1.75 360.00 /hr 630.00
05/03/12 RSS Calls with Tom Pastore on matters related to settlement; correspond with Jim Stephenson
on matters related to litigation and issues on the same; call with Les Olds on settlement
matters; analyze issues on the same.
1.00 360.00 (hr 360.00
05/04/12 RSS Analyze issues related to matters involving settlement; review of letter from Steve
Strawbridge; follow up on the same.
0.50 360.00/hr 180.00
05/04/12 TJC Addressed issues related to timing of response to Hagerman and Crider; Crider's
willingness to agree to a further extension; and Hagerman's unwillingness to agree to a
further extension.
0.50 455.00ihr 227.50
05/07/12 CIE Analysis and review of Crider& Crider's complaint against the City of Carmel and
Hagerman Construction Corp.'s cross claim against the City of Carmel in preparation for
drafting Motion for Enlargement of Time and a Motion to Dismiss for Incorrect Venue;
review of Mediator's Order to the Court; review of correspondence from counsel for
Crider regarding Crider's agreement to an enlargement of time to respond to its complaint
against the City of Cannel; drafted a Motion 1hr Enlargement of Time to respond to
Crider's complaint; drafted proposed Order Granting City ofCarmel's Motion for
Enlargement.
3.50 210.00 /hr 735.00
05(07/12 RSS Motion to Transfer venue; analyze issues related to legal argument and work on the same;
follow up on issues related to same.
2.25 360.00/hr 810.00
05/07/12 TIC Analyzed and devised strategy related to agreed enlargement of time to respond to Crider;
bringing to the attention of the Court Hagerman's refusal to agree; filing a motion to
dismiss Hagerman's cross claim due to incorrect venue; and raising the specter of
entitlement to an award of attorneys lees against Hagerman.
2.00 455.00 /hr 910.00
05/08/12 ATD Prepare Appearance. Communications with Sabatine regarding Order and Motion.
0.50 195.00 /hr 97.50
05/08/12 CRS Drafted City of Carmel's Consolidated Motion to Dismiss and Motion to Transfer
Hagerman's Cross Claims to Preferred Venue County.
.00 210.00 /hr 210.00
05/08/12 RSS Analyze issues related to Motion to Dismiss and Enlargement of Tinge; follow up on the
CRML 00003 Page 4
invoice 329202
same.
0.25 360.00 /hr 90.00
05/08/12 TJC Analysis of retainage issue; including review of ernails from Hagerman to Shie!. Revised
and edited drafts of'appearance, motion for enlargement of time and order thereon.
1 .20 455.00/hr 546.00
05/09/12 CES Continued drafting City of Carmel's Motion to Transfer to Preferred Venue County
Pursuant to "Trial Rule I2(13)(3)and Trial Rule 75(A).
2.75 210.00 /11r 577.50
05/09/12 RSS Analyze issues related to Motion to Transfer Venue; review and and work on the same;
call with Jim Stephenson on matters related to strategy and litigation; review and follow
up on the same.
1.75 360.00 /hr 630.00
05/10/12 RSS Analyze issues on Motion to Transfer Venue; follow up with Jim Stephenson on the same.
0.75 360.00/hr 270.00
05111/12 CES Edits and revisions to City of Carmel's Brief in Support of Motion to Transfer to County
of'Preferred Venue; prepared and marked exhibits to be filed with Motion; drafted Motion
to Transfer to County of Preferred Venue to accompany the 13rief as required by Allen
County trial rules.
2.50 210.00/hr 525.00
05/11112 RSS Work on issues for transfer matters.
0.50 360.00 /hr 180.00
05111/12 RSS Work on Motion to Transfer matters; analyze issues on the same; call to Les on the same;
call with Ryan Wilmering on the same.
1.75 360.00/hr 630.00
05/11/12 DC Significant revisions and editing of motion and brief'related to transfer of venue from
Allen County to Hamilton County.
2.30 455.00/hr 1.046.50
05/14/12 RSS ]-Iagerman/Crider: Analyzed related venue claims.
0.25 360.00 /hr 90.00
05/14/12 RSS Retainage analysis with respect to Hagerman demand.
0.25 360.00 /hr 90.00
05/15/12 CES Analysis and review of Section 13.5 "Retainage" of the City of Carmel Standard General
Conditions for Construction Contracts to determine whether Carmel is required to release
to Hagerman the total amounts held in retainage in relation to the Palladium Project.
0.20 210.00 /hr 42.00
05/15/12 RSS Analyze issues related to demand on retainage and follow up with Les Olds on the same.
0.75 360.00 /hr 270.00
•
CRML 00003 Page 5
•
Invoice'?329202
05/17/12 TiC Receipt and analysis of Hagerman's motion for enlargement of time to respond on venue
motion and motion for oral argument. Considered pros and cons of objecting to a 30
extension, as requested.
0.20 455.00/hr 91.00
05/18/12 RSS Follow up on matters related to Transfer Motion.
0.25 360.00 /hr 90.00
05/18/12 TJC Receipt of court order enlarging time for response to complaint by Crider.
0.20 455.00/hr 91.00
05/21/12 CIES Analysis and review of Indiana case law regarding the circumstances under which an
owner may withhold retainage funds from a contractor, to determine whether the City of
Carmel is required to comply with Hagerman's request for the remaining funds held in
retainage.
2.40 210.00 /hr 504.00
05/21/12 RSS Analyze issues related to Court hearing, and retainage claim; follow up on issues related to
the same.
1 ,50 360.00 /hr 540.00
05/21/12 TJC Addressed issue of whether case scheduling conference, scheduled in Allen County,
should be vacated (at least suggested to the court) in light of motion to transfer venue.
Receipt and review of courts order setting deadline by which Hagerman and Crider must
file any objection to CRC's motion to transfer venue. Analysis of whether requesting the
entire case he transferred obviates need to tile other response (answer) to Crider's
complaint. Considered effect of court's preliminary ruling on motion to transfer venue on
Crider's settlement posture.
1 .00 455.00/hr 455.00
05/22/12 CES Correspondence with the Allen County Circuit Court regarding the case management
Conference scheduled for May 24th and setting the Motion to Transfer Venue for hearing
in June;; analysis and review of Indiana statutory and case law regarding retainage
provisions in government contracts and the circumstances under which an owner may
withhold retainage funds from a contractor.
0.50 210.00 /hr 105,00
05/22/12 RSS Analysis of issues related to hearings on transfer motion; review and analyze issues related
to matters involving counter and cross claim; follow up on settlement matters; analysis of
retainage claim and demand for release of the same.
2.75 360.00 /hr 990.00
05/22/12 TJC Communication among counsel of record related to case management, venue issues.
0.20 455.00 /hr 91.00
05/23/12 CIES Correspondence with the Allen County Circuit Court regarding the hearing on the Motion
to Transfer Venue and the cancellation of the May 24, 2012 pre-hearing conference call;
continued analysis and review of Indiana statutory and case law regarding retainage
CRML 0000; Page 6
Invoicefl 329202
provisions in government contracts and the circumstances under which an owner may
withhold retainage funds from a contractor; drafted summitry of the governing statutory
and case law for Rob Schein.
2.75 210.00(hr 577.50
05/23/12 RSS Analyze issues related to hearing and calls on the same; analyze issues related to retainage
demand and defenses to the same.
1.25 360.00 /hr 450.00
05/24/12 RSS Analysis of retainage issues and demand on the same; analyze the same; review and
follc,w up on issues related to Transfer of Venue and matters on the same.
0.75 360.00 !hr 270.00
05/24/12 TJC Receipt and review of Crider's motion related to case management and responding to the
motion to transfer venue.
0.10 455.00/hr 45.50
05/29/12 RSS Analyze issues related to change orders and retainage claims by Hagerman; calls with
Shicl on the status of the same; review of documentation in support of the same.
3.25 360.00 (hr 1,170.00
05/29/12 TX Receipt and review of court's order setting new deadline for Hagerman and Crider to
respond to our motion to change venue and setting hearing on the motion I'br June 27.
0.20 455.00 /hr 91.00
05/30/12 RSS Retainage analysis and claim issues.
0.50 360.00/hr 180.00
05/31/12 RSS Analysis of transfer issues and matters related to retainage claims; call with Les Olds on
the same.
0.75 360.00/hr 270.00
06/01/12 RSS Analyze issues related to retainage matters; follow up on issues related to Hagerman and
demands by Steve Strawbridge regarding retainage.
0.50 360.00 /hr 180.00
06/04/12 RSS Analysis of retainage issues and demand for the same; call with CPS on outstanding
matters and going forward issues.
0.75 360.00 /hr 270.00
06/04/12 RSS Analyze issues related to change order matters and setoff; follow up on the same.
0.25 360.00/hr 90.00
06/05/12 RSS Review and analyze issues related to Hagerman demands related to retainage and
backcharges; meeting with Steve Strawbridge on issues for the same.
2.50 360.00 /hr 900.00
06/06/12 RSS Follow up on matters.
0.50 360.00(hr 1 80.00
•
• CRML 00003 Page 7
Invoice#329202
06/08/12 RSS Analyze issues related to transfer of venue matters; follow up on settlement matters.
0.50 360.00 /hr 180.00
06/09/12 TJC Analysis of Hagerman's position on retainage and threat to assert a claim for conversion
unless the CRC releases the funds being held.
0.40 455.00 /hr 1 82.00
06/I 1/12 CGS Review of letter from Steve Strawbridge regarding Hagerman's position and plan of action
with respect to retainage amounts and back charges.
0.20 210.00 /hr 42.00
06/11/12 RSS Analysis of Motion to Transfer Venue response filed by Hagerman and Crider.
1.75 360.00 /hr 630.00
06/I I/12 TiC Addressed issues related to venue, anticipated arguments by Crider and Hagerman;
analysis of Crider's stated desire to table settlement pending court's mling on venue:
consideration of Hagerman's arguments on retainage.
1.00 455.00 /hr 455.00
06/12/12 CIS Review of Hagerman's response to the City of Carmel's Motion to Transfer Venue; review
of Crider's response to Carmel's Motion to Transfer Venue; analysis of the case law cited
by Hagerman to support its argument that Carmel waived its right to contest venue when it
demanded a jury trial.
1.10 210.00/hr 231.00
06/12/12 RSS Review and analyze Hagerman and Crider's Response to Motion to Transfer Venue;
analysis of claim matters.
1.25 360.00 /hr 450.00
06/12/12 TiC Receipt, review and analysis of Crider's and Hagerman's responses to motion to transfer
venue. Outlined reply and argument for hearing.
2.00 455.00 /hr 910.00
06/13/12 CGS Continued review of Crider's response to the City of Carmel's Motion to 'Flimsier Venue;
analysis of the case law cited by Hagerman to support its argument that Carmel waived its
right to contest venue when it demanded a jury trial; analysis of Hagerman's interpretation
of Trial Rule 75.
0.80 210.00 /hr 168.00
06/13/12 LGOR Analyze the client's potential defenses to Hagerman's claim against the retainage that is
being withheld by the client.
0.20 285.00 /hr 57.00
06/13/12 LGOR Begin conducting thorough research and draft detailed memorandum regarding the Carmel
Redevelopment Commission's Iawiul ability to withhold the retainage owed to Hagerman
and related damages issues.
2.20 285.00 /hr 627.00
• CKML 00003 Page 8
I n voice#329202
06/13/12 RSS Review and analyze issues related to Hagerman's Response to Motion to Transfer Venue;
analyze response to Crider's Motion to Transfer Venue; work on reply to the same;
analyze legal issues related to retainage matters; correspond with Les Olds, Karl Haas and
Ryan Wilmering on the same.
2.50 360.00/hr 900.00
06/13/12 T.IC Addressed issues of whether a reply is necessary or appropriate; outlined points to be
made in written reply versus at the hearing on the motion to transfer venue. Addressed
related issues of pending settlement discussions and effect the venue decision, including
an appeal therefrom would have on the status.
1.00 455.00 /hr 455.00
06/14/12 CES Analysis of Indiana statutory law effecting the City of Carmel's withholding final payment
to Hagerman Construction Corporation.
0.25 210.00/hr 52.50
06/14/12 RSS Analyze strategy going forward; work on the same.
0,75 360.00 /hr 270,00
06/15/12 LGOR Conduct a thorough review of all pleadings, contracts, and related materials involving the
parties in preparation for analysis of the client's legal ability to withhold the retainage
from Hagerman.
1 .40 285.00/hr 399.00
06/15/12 LGOR Continue conducting thorough research and draft detailed memorandum regarding the
Cannel Redevelopment Commission's lawful ability to withhold the retainage owed to
Hagerman and related damages issues.
4.40 285.00/hr 1,254.00
06/15/12 RSS Analyze matters related to venue issues.
0.25 360.00/hr 90.00
06/16/12 CES Analysis and review of Indiana case law that addresses the priority of venue provisions
within contracts between parties over the preferred venue analysis set forth in Indiana
Trial Rule 75; analysis of Indiana case law supporting the argument that because Carmel
has not (1) previously filed a 12(b) Motion in this action and (h) has not filed a responsive
pleading in this action, it has not waived the defense of improper venue, in preparation for
drafting Carmel's Reply to Crider's and Hagerman's Responses in Opposition to Carmel's
Motion to Transfer.
2.25 210.00/hr 472.50
06/17/12 CES Drafted Carmel's Reply to Crider's and Hagerman's Responses in Opposition to Carmel's
Motion to Transfer to Preferred Venue.
3.50 210.00/hr 735.00
06/18/12 CES Edits and revisions to Carmel's Reply to Crider's and Hagerman's Responses to Carmel's
Motion to Transfer Venue, including further drafting of an analysis of case law that
supports the contention that when parties consent to venue in a contract. that agreement
overrides the preferred venue analysis in Trial Rule 75.
CRML 00003 Page 9
•
Invoicett 329202
1.75 210.00 /hr 367.50
06/18/12 RSS Analyze Motion to Transfer matters; review and prepare for the same.
0.50 360.00 /hr 180.00
06/18/12 TJC Material revision to and editing of draft of reply brief on venue issues.
1.20 455.00 /hr 546.00
06/19/12 CES Edits and revisions to Carmel's Reply to Crider's and Hagerman's Responses in Opposition
to Carmel's Motion to Transfer Venue.
0.25 210.00/hr 52.50
06/20/12 CES Edits and revisions to Carmel's Reply to Crider's and Hagerman's Responses to Carmel's
Motion to Transfer Venue.
0.25 210.00 /hr 52.50
06/20/12 RSS Work on Reply to Motion to Transfer Venue; follow up with Les Olds on the same;
analyze issues on the same.
1.25 360.00/hr 450.00
06/20/12 TJC Finalized reply brief on venue issue.
0.30 455.00 /hr 136.50
06/21/12 RSS Review and analyze issues on transfer matters; Iollow up on the same.
0.75 360.00/hr 270.00
06/21/12 RSS Calls with Crider counsel on transfer matters; analyze the same.
0.25 360.00/hr 90.00
06/24/12 RSS Analyze issues related to venue issues.
0.50 360.00 /hr 180.00
06/25/12 CES Analysis and review of case law cited by Hagerman in its Response in Opposition to
Carmel's Motion to Transfer Venue supporting its argument that the defense of improper
venue has been waived in preparation for the Hearing on Motion to Transfer to Preferred
Venue - Hamilton County.
0.50 210.00/hr 1 05.00
06/25/12 RSS Preparation. (Hearing on Venue).
0.75 360.00/hr 270.00
06/25/12 RSS Analyze issues related to venue meeting; prepare for the same.
3.75 360.00 /hr 1350.00
06/26/12 RSS Review and analyze issues related to venue hearing and work on the same; prepare for
hearing and review of issues on the same.
10.50 360.00 /hr 3,780.00
06/26/12 T.IC Addressed issues related to hearing on venue and Hagerman's settlement posture.
• CRML 00003 Page 10
Invoice+) 329202
0.50 455.00 /hr 227.50
06/27/12 CES Appeared for hearing on Motion to 'IYanslcr to Preferred Venue County in the Allen
County Circuit Court.
4.00 210.00 /hr 840.00
06/27/12 RSS Hagerman hearing in Fort Wayne; preparation for hearing; travel and attend the same.
7.50 360.00 /hr 2.700.00
06/27/12 SER Researched for Cate Sahatine whether a request for jury trial constitutes a request for
affirmative relief.
I .00 175.00 /hr 175.00
06/29/12 RSS Follow up on rctainagc demand issues.
0.50 360.00 /Iir 180.00
Total Fees for this Matter: 128.65 $ 42,140.50
TJC Costakis, Thomas .1. 14.70 hrs 455.00 /hr 6.688.50
ATD Delbert, Andrew T. 0.50 hrs 195.00 /hr 97.50
LGOR Gorman, Laura F. 8.20 hrs 285.00 /hr 2.337.00
SER Rodenbarger, Sarah E. 1.00 hrs 175.00 /hr 175.00
CES Sahatine, Catherine E. 31 .25 hrs 210.00 /hr 6.562.50
RSS Schein, Robert S. 73.00 hrs 360.00/hr 26280.00
Total: 128.65 hrs $ 42.140.50
Photocopies 13.60
05/20/12 Computerized Research - Westlaw 19.47
05/21/12 Computerized Research - Westlaw 77.86
05/22/12 Computerized Research - Westlaw 19.47
05/23/12 Computerized Research - Westlaw 104.99
06/14/12 Computerized Research - Westlaw 184.42
06/15/12 Computerized Research - Westlaw 84.52
06/16/12 Computerized Research - Westlaw 199.81
06/17/12 Computerized Research - Westlaw 0.00
06/18/12 Computerized Research - Westlaw 90.95
06/25/12 Computerized Research - Westlaw 0.00
06/27/12 Computerized Research - Westlaw 22.74
06/27/12 Computerized Research - Westlaw 22.74
Total Disbursements for this Matter: $ 840.57
TO'T'AL FEES: $ 42.140.50
TOTAL DISBURSEMENTS: $ 840.57
TOTAL CHARGES FOR THIS BILL: $ 42.981.07
• CRML 00003 Page I I
Invoice#329202
This invoice is due upon receipt.
Please make checks payable to Krieg DeVault LLP and reference the invoice number.
IA7 One Indiana Square
1UJ ICRIEG I DEVAULT Suiac 2800
Indianapolis, IN 46204-2079
T:317.636 4341
317 636.1507
Fed. EIN#35-1055087
W WW.KRI£GD£V AU LT.COM
Carmel Redevelopment Commission
Les Olds, AIA, Executive Director
30 West Main Street, Suite 220
Carmel, IN 46032
August 24,2012
Invoice Number 330885
Our File#: CRML 00003 RSS
Hagerman/Crider
FOR PROFESSIONAL SERVICES RENDERED THROUGH July 31,2012
07/02/12 LGOR Review and analysis of communications regarding Hagerman Construction's dispute with
the Mayor.
0.25 285.00/hr 71.25
07/02/12 LGOR Analyze legal ability to withhold Hagerman Construction's Retainage in preparation for a
response to Hagerman Construction.
0.50 285.00 /hr 142.50
07/02/12 LGOR. Conduct additional research regarding Indiana case holdings concerning an owner's ability
to withhold Retainages from a Genera! Contractor.
2.00 285.00/hr 570.00
07/02/12 RSS -Analyze Retainage issues and Demand on the same; work on issues related to the same.
0.75 360.00/hr 270.00
07/03/12 LGOR Conducting research regarding Indiana case holdings concerning an owner's ability to
withhold Retainages from a General Contractor.
2.75 285.00/hr 783.75
07/03/12 RSS Work on matters related to strategy and hearing next week; follow-up on the same.
0.50 360.00/hr 180.00
07/03/12 RSS Analyze legal issues related to Demand and follow-up on outstanding issues with
Counterclaim.
INDIANA ILLINOIS: GEORGIA FLORIDA MINNESOTA
`1;)a11
CRML 00003 Page 2
Invoice#330885
0.50 360.00/hr 180.00
07/06/12 RSS Analyze issues related to potential settlement with Crider; follow-up on the same.
0.50 360.00/hr 180.00
07/06/12 TIC Receipt and review of Interrogatories and Request for Production served on Carmel by
Hagerman Construction,related to Retainage issues.
0.50 455.00 lhr 227.50
07/09/12 RSS Follow-up on matters related Hagerman Construction Discovery and Claims.
0.50 360.00/hr 180.00
07/10/12 LGOR Review and analyze issues, including the Contracts, correspondence, Mediations
Statements, etc. in preparation for determining whether the client can lawfully withhold
the Retainage from Hagerman Construction.
1.50 285.00/hr 427.50
07/10/12 RSS Review and analyze issues related to Retainage Claim.
0.25 360.00 /hr 90.00
07/11/12 LGOR Continued analysis on the ability to lawfully withhold the Retainage from Hagerman
Construction.
0.25 285.00/hr 71.25
07/12/12 RSS Follow-up on Discovery matters; analyze the same.
0.25 360.00/hr 90.00
07/16/12 RSS Analyze Discovery matters and issues related to Requests.
0.50 360.00/hr 180.00
07/18/12 RSS Analysis of legal issues involving Retainage and Back-charge matters; follow-up on the
same; analysis of Discovery Requests and issues related to the same.
1.75 360.00 /hr 630.00
07/18/12 TIC Addressed issues related to whether interpleading Retainage will cut off Hagerman
Construction's Claims for damages.
0.50 455.00/hr 227.50
07/19/12 LGOR Analysis of the amounts claimed due to each of the parties to determine if the client can
continue to withhold Retainage.
0.25 285.00/hr 71.25
07/19/12 RSS Analyze issues related to Retainage defenses and Discovery matters.
0.75 360.00/hr 270.00
07/20/12 CBS Analysis and review of Hagerman Construction's First Set of Interrogatories and First
Requests for Production of Documents.
0.50 2 10.00 /hr 105.00
CRML 00003 Page 3
lnvoicc#330885
07/20/12 RSS Analyze and review of Discovery matters; follow-up on issues related to Retainage
matters; analyze legal issues related to the same.
0.75 360.00/hr 270.00
07/20/12 TIC Analysis of Retainage issues and whether intcrpleading money would cut off Claims for
damages.
0.50 455.00/hr 227.50
07/23/12 CES Review of all Change Orders with respect to Hagerman Construction; review
correspondence and supporting documents submitted by General Contractor related to
Change Orders and certificates of payment in preparation for drafting responses to
Hagerman Construction's First Set of Interrogatories and First Request for Production;
prepared responses to the Interrogatories and Requests.
2.50 210.00 /hr 525.00
07/23/12 GTS Strategize plan for Discovery. Collect and prepare electronic data for attorney review.
1.75 175.00 /hr 306.25
07/23/12 RSS Review of Hagerman Construction Discovery Request and work on the same; preparation
on response to the same; analyze Demand for Retainage and Discovery matters.
4.25 360.00/hr 1,530.00
07/24/12 RSS Follow-up on Back-charge Claim matters.
0.25 360.00/hr 90.00
07/25/12 LGOR Continued research concerning an owner's ability to withhold a Retainage from a General
Contractor.
1.50 285.00/hr 427.50
07/25/12 LGOR Research concerning a recently decided Indiana case concerning a Subcontractors ability
to pursue a Claim under the theory of Quantum Meruit.
0.40 285.00/hr 114.00
07/25/12 RSS Analyze issues related to Retainage Claims and matters on Discovery; follow-up on the
same; analyze issues related to Venue matters.
1.75 360.00/hr 630.00
07/25/12 77C Receipt and review of Court's Order denying Motion to Transfer Venue. Addressed
potential for Appeal.
0.50 455.00/hr 227.50
07/26/12 GTS Prepare documents for attorney review related to Discovery.
1.75 175.00 /hr 306.25
07/26/12 RSS Analyze opinion on Venue matters; follow-up on the same; analyze strategy going
forward.
0.75 360.00 /hr 270.00
07/27/12 RSS Review and analyze correspondence received from Hagerman Construction's counsel;
• CRML 00003 Page 4
Invoice#330885
follow-up on the same.
0.50 360.00/hr 180.00
07/30/12 RSS Analyze issues related to Discovery and matters on the same; analyze Retainage matters;
analyze Appeal matters and correspond with Les Olds, Karl and Ryan on the same.
2.50 360.00/hr 900.00
07/31/12 CES Review of Trial Rules regarding Motions to Correct Error; review of the Chronological
Case Summary to determine date of entry of the Court's ruling on Carmel's Motion to
Transfer Venue; review of Indiana law regarding Motions to Reconsider in preparation for
responding to the Court's Order denying Carmel's Motion to Transfer Venue.
1.00 210.00/hr 210.00
07/31/12 LYG Assist with analysis of Appellate procedural issues, timing and deadlines for filing Notice
of Appeal from Order denying Transfer of Venue.
0.25 395.00/hr 98.75
07/31/12 RSS Call with Tom Pastore on Crider matters; review and work on outstanding issues related to
Appeal, Motion to Reconsider and options relating to the same; analyze matters related to
the same.
4.50 360.00 /hr 1,620.00
07/31/12 TJC Addressed issues related to Motion to Reconsider and renewed Request for Release of
Retainage.
0.50 455.00 /hr 227.50
Total Fees for this Matter: 41.15 $ 13,107.75
TJC Costakis, Thomas J. 2.50 hrs 455.00/hr 1,137.50
LYG Goodknight, Libby Y. 0.25 hrs 395.00/hr 98.75
LGOR Gorman, Laura E. 9.40 hrs 285.00/hr 2,679.00
CES Sabatine, Catherine E. 4.00 hrs 210.00/hr 840.00
RSS Schein, Robert S. 21.50 his 360.00/hr 7,740.00
GTS Smith, Gary T. 3.50 hrs 175.00/hr 612.50
Total: 41.15 hrs $ 13,107.75
Photocopies 2.40
07/03/12 Computerized Research - Westlaw 243.44
07/25/12 Computerized Research - Westlaw 371.32
Total Disbursements for this Matter: $ 617.16
TOTAL FEES: $ 13,107.75
TOTAL DISBURSEMENTS: $ 617.16
TOTAL CHARGES FOR THIS BILL: $ 13,724.91
CRML 00003 Page 5
Invoicek 330885
This invoice is due upon receipt.
Please make checks payable to Krieg DeVault LLP and reference the invoice number.
I� One Indiana Square
I<RIEG I JEVA\ULT Suite 2800
Indianapolis,IN 46204-2079
T:317.636.4341
P:317.636.1507
Fed. FIN II 35-1055087
W W W.KItIEGDEVALII.T.COp1
Cannel Redevelopment Commission
Les Olds, MA, Executive Director
30 West Main Street, Suite 220
Cannel, IN 46032
August 23,2012
Invoice Number 330189
Our File /I: CRML 00001 ABB
Performing Arts Center Claims
FOR PROFESSIONAL SERVICES RENDERED THROUGH July 31,2012
07/02/12 BSS Worked on drafting and revising discovery requests to non-party Sofco and researched
information in support thereof. Strategized and prepared for hearing with court related to
scheduling of case management issues, depositions,discovery requests and productions,
Motions for Summary Judgment, and analyzed issues related to arbitration with LHB.
Correspondence and teleconferences with opposing counsel for SSE related to
modifications and revisions to Settlement Agreement.
1.50 230.00/hr 345.00
07/02/12 RSS Pre-Trial Conference matters; analyze issues related to the same; Settlement Agreement
matters;call with P. Cantrell on the same.
3.25 360.00/hr 1,170.00
07/02/12 TJC Prepared for pre-trial conference with court. Devised strategy to initiate arbitration on a
parallel track that will allow for intersection of both arbitration with LHB and litigation
with SSE for mediation in timely manner.
1.00 455.00/hr 455.00
07/05/12 GTS Search database for documents responsive to attorney request.
0.50 175.00/hr 87.50
07/06/12 RSS Follow up with SSE counsel related to settlement of monies on a 7th Circuit appeal;
analyze issues on the same.
0.25 360.00/hr 90.00
INDIANA ILLINOIS GEORGIA FLORIDA MINNESOTA
CRML 00001 Page 2
Invoice/i 330189
07/06/12 TJC Communication with Walter P. Moore related to draft liability report. Receipt and review
of updated punch list from Matt.
1.00 455.00/hr 455.00
07/08/12 GTS Process LhIB electronic data. Prepare document production report for the Court.
2.50 175.00/hr 437.50
07/09/12 BSS Prepare for trial conference with court and compiled summary of discovery data exchange
between the parties to date to schedule early trial date; analyze discovery productions
produced by non-parties.
0.50 230.00/hr 115.00
07/09/12 GTS Run searches in document database. Prepare report for Court.
1.00 175.00/hr 175.00
07/09/12 RSS Review and analyze issues related to discovery with Walter P. Moore; follow up on the
same.
0.75 360.00/hr 270.00
07/09/12 TJC Prepared for pre-trial conference.
0.25 455.00/hr 113.75
07/10/12 BSS Prepared for pre-trial conference with Court; analyzed discovery materials in preparation
therefor.
0.25 230.00/hr 57.50
07/10/12 GTS Load LHB electronic data to Summation database.
0.75 175.00 /hr 131.25
07/10/12 RSS Review and analyze issues related to hearing on pre-trial conference; review and analyze
matters related to strategy and moving case forward; analyze issues related to outstanding
discovery and strategy matters.
3.75 360.00/hr 1,350.00
07/10/12 TJC Telephone call from court staff regarding status conference. Outlined proposed dates and
deadlines for case management plan. Prepared for pre-trial conference.
1.50 455.00/hr 682.50
07/11/12 BSS Prepared for, attended, and analyzed issues with the pre-trial conference with Court.
Analyzed applicable due dates set out by Court in teleconference. Researched issues
related to non-party entity. Analyzed legal issues regarding the same.
1.50 230.00/hr 345.00
07/11/12 RSS Prepare for pre-trial conference; review and analyze matters related to Walter P. Moore
discovery issues; follow up on the same; follow up on matters with SSE related to the
same; participate in telephonic pre-trial conference.
2.75 360.00/hr 990.00
07/11/12 TJC Final preparation for and participation in pre-trial conference with Court and opposing
CRML 00001 Page 3
Invoice#330189
counsel, Communication with counsel for SSE related to case management and discovery
issues.
1.50 455.00/hr 682.50
07/12/12 I3SS Worked on preparing discovery request to non-party Sofco and strategized regarding the
same; analyzed research related to service upon foreign entity.
0.50 230.00/hr 115.00
07/12/12 RSS Analyze strategy matters.
0.50 360.00/hr 180.00
07/12/12 TJC Communication with counsel for SSE related to deposition scheduling. Addressed issues
related to non-party discovery requests to SOPCO.
0.50 455.00/hr 227.50
07/13/12 BSS Worked on drafting/revising non-party requests for production upon Sofeo.
Correspondence to/from opposing counsel regarding the same. Strategized regarding
service of discovery requests and attention to other discovery matters.
1.50 230.00/hr 345.00
07/13/12 RSS Conference call with Walter P. Moore individuals on discovery and case matters;analyze
issues on the same.
1.75 360.00/hr 630.00
07/13/12 TJC Addressed non-party discovery and Walter P. Moore issues.
0.50 455.00/hr 227.50
07/16/12 BSS Correspondence to and from opposing counsel regarding requests for production to non-
party and waiver of required waiting period. Preparing for teleconference with Walter P.
Moore regarding document review/production.
0.50 230.00/1r 115.00
07/16/12 RSS Analyze strategy matters; review of Walter P. Moore discovery; review of SSE discovery.
3.50 360.00/hr 1,260.00
07/16/12 TJC Attention to third party discovery, timing of witness deposition and Walter P. Moore
issues.
1.25 455.00/hr 568.75
07/17/12 I3SS Attention to drafting, revising, and surveying of the discovery requests upon non-party
Sofco Erectors and subpoenas in support thereof; correspondence and strategy related to
the same. Correspondence with opposing counsel regarding discovery requests, settlement
check and Executed Agreement. Review of discovery responses served by SSE and
correspondence related to the same. Attention to drafting and revising deficiency letter to
opposing counsel regarding their discovery responses; teleconferences and
correspondence regarding the same.
1.50 230.00/hr 345.00
07/17/12 RSS Review and work on matters related to discovery and Walter P. Moore analysis; review
CRML 00001 Page 4
Invoice!!330189
and analyze issues related to outstanding discovery and deficiency matters; correspond
with client on matters related to the same.
3.75 360.00/hr 1,350.00
07/17/12 RSS Analyze issues related to insurance claim matters and follow up on the same.
0.25 360.00/hr 90.00
07/17/12 RSS Release of Attorneys Fees Claim: Review and analyze issues related to Release of
Attorneys Fees Claim; correspond with Pfenne Cantrell on the same.
0.75 360.00 /hr 270.00
07/17/12 TJC Addressed need for deficiency letter to SSE regarding apparent failure to produce all email
communications containing relevant and responsive documents.
0.25 455.00/hr 113.75
07/18/12 BSS Correspondence and strategy related to non-party discovery and Settlement Agreement
related to attorneys' fees claim and execution thereof. Certain case management
deadlines.
0.25 230.00/hr 57.50
07/18/12 RSS Analysis of issues related to Walter P. Moore matters and production of discovery related
items.
1.25 360.00/hr 450.00
07/19/12 GTS Call with Renee at Walter P. Moore to arrange Webex/conference call between Walter P.
Moore and attorneys.
0.25 175.00/hr 43.75
07/19/12 RSS Review and analyze issues related to discovery matters; analyze case management
deadlines, discovery matters and legal issues related to recovery; follow up on matters
related to the same.
2.00 360.00/hr 720.00
07/20/12 RSS Analyze strategy including General matter; analyze matters; follow-up on discovery.
1.50 360.00/hr 540.00
07/23/12 BSS Extended conference with experts from Walter P. Moore regarding expert report;
strategized with the same. Strategized regarding preparation of deficiency letter to
opposing counsel regarding potential missing documents from production.
2.50 230.00/hr 575.00
07/23/12 RSS Analysis of Walter P. Moore discovery, report analysis and issues on the same; call with
Walter P. Moore on matters related to the same; analyze issues going forward.
3.75 360.00 /hr 1,350.00
07/23/12 TJC Conference with Walter P. Moore representatives regarding their preliminary liability
report. Follow up strategy regarding finalizing of report and pushing litigation to
conclusion through mediation.
2.25 455.00 /hr 1,023.75
•
CRML 00001 Page S
InvoiceN 330169
07/24/12 BSS Correspondence with opposing counsel regarding deficient discovery responses and
worked on drafting Rule 260 ) letter to opposing counsel.
0.50 230.00/hr 115.00
07/24/12 RSS Analyze Walter P. Moore matters and documents related to the same;review of issues
related to report and strategy on the same.
0.75 360.00/hr 270.00
07/26/12 1355 Receipt and analysis of case scheduling order from court outlining various deadlines
throughout remainder of case; prepared summary of applicable deadlines and strategized,
corresponded regarding the same. Correspondence to and from opposing counsel
regarding discovery issues and scheduling of depositions.
0.75 230.00/hr 172.50
07/26/12 RSS Analyze discovery matters related to Walter P. Moore and report analysis; follow up on
outstanding matters on the same.
0.50 360.00/hr 180.00
07/26/12 'DC Receipt,review and analysis of Court's Scheduling Order of July 24, following Pre-Trial
Conference of July 11,setting trial date and various case dates and deadlines leading up to
first choice trial setting of June 10, 2013. Addressed issues raised by Court's Order
including wrong year for trial setting. Follow up with Walter P. Moore representatives
regarding report.
0.75 455.00/hr 341.25
07/27/12 BSS Receipt and analysis of correspondence to and from opposing counsel and drafted
responses thereto related to discovery concerns, as well as scheduling depositions for Mr.
Olds.
0.25 230.00/hr 57.50
07/27/12 RSS Analyze issues related to matters involving Walter P.Moore and analysis of the same; call
with Walter P. Moore on matters related to the same.
1.50 360.00/hr 540.00
07/30/12 RSS Follow up on matters related to Walter P. Moore;analyze deadlines set forth in the
Scheduling Order; follow up on issues related to the same.
1.50 360.00/In 540.0o
07/31/12 BSS Correspondence to opposing counsel regarding scheduling of depositions, and analysis of
discovery responses from SSE.
0.25 230.00/hr 57.50
07/31/12 RSS Analyze issues related to depositions and stipulations of exhibits requested by SSE; follow
up on the same; call with Walter P. Moore on matters related to report and discovery
issues. 9
07/31/12 TJC Receipt and analysis of SSE's counsel's re I 2,50 36Daghr
que Y/71 odoAosi//oi
0440,
CRML 00001 Page 6
Invoicetl 330189
stipulation process for exhibits and related discovery matters. Prepared for conference
with Walter P. Moore.
1.00 455.00/hr 455.00
Total Fees for this Matter: 65.50 $ 22,178.75
TJC Costakis,Thomas J. 11.75 hrs 455.00/hr 5,346.25
RSS Schein,Robert S. 36.50 hrs 360.00/hr 13,140.00
GTS Smith, Gary T. 5.00 hrs 175.00/hr 875.00
BSS Strawbridge, Bryan S. 12.25 hrs 230.00/hr 2,817.50
Total: 65.50 hrs $ 22,178.75
Federal Express 10.00
Photocopies 6.00
03/30/12 PAYEE: Xact Data Discovery; REQUEST#: 9584; DATE: 681.04
8/23/2012. Outside photocopy
Total Disbursements for this Matter: $ 697.04
TOTAL FEES: $ 22,178.75
TOTAL DISBURSEMENTS: $ 697.04
TOTAL,CHARGES FOR THIS BILL: $ 22,875.79
This invoice is due upon receipt.
Please make checks payable to Krieg DeVault LLP and reference the invoice number.
+�subedbyStateROetlufAccouns ACCOUNTS PAYABLE VOUCHER CiryFormNo.201 Rey.1995)
11 _,;` CITY OF CARMEL
Q r An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by
Jr whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
4,, Payee
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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.
9 Payee
((pc I,� 6,vozif Purchase Order No.
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Total $7,230, 72
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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Cterk-Treasurer