223546 08/27/2013 CITY OF CARMEL, INDIANA VENDOR: 00353406 Page 1 of 1
ONE CIVIC SQUARE KRIEG DEVAULT
CARMEL, INDIANA 46032 ONE INDIANA SQUARE,STE 2600 CHECK AMOUNT: $179,405.37
'� INDIANAPOLIS IN 46204
„ow CHECK NUMBER: 223546
CHECK DATE: 8/2712013
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
902 4460807 354154 146, 484 . 94 PERFORMING ARTS CENTE
902 4460807 358044 32, 920 . 43 PERFORMING ARTS CENTE
K I I ��� �� One Indiana Square
Suite 2800
Indianapolis, IN 46204-2079
T: 317.636.43=41
F:317.636.1 X07
Fed. FIN#35-1055087
111 illl::Ii 1%
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Carmel Redevelopment Commission
Les Olds, AIA, Executive Director
30 West Main Street, Suite 220
Carmel, IN 46032
June 19, 2013
Invoice Number 354154
Our File #: CRML 00001 ABB
Performing Arts Center Claims
FOR PROFESSIONAL SERVICES RENDERED THROUGH May 31, 2013
05/01/13 BSS Worked on preparing/drafting/revising deposition outline of Jim Stamm; teleconference
with Mr. Stamm regarding deposition; analysis of documents and various correspondence
for use at deposition of Mr. Stamm; strategized regarding goals and intentions for such
deposition. Extensive review of documents related to Arcan, Creviston, and SSE with
regards to defects, speed of construction, errors in detailing, and various other issues and
communications during construction in preparation for deposition of Jim Stamm, formerly
of SSE; strategized regarding deposition issues; extensive preparation of exhibits for
deposition and coordination of use of such exhibits. Numerous teleconferences
strategizing regarding these matters. Extended teleconference with WPM regarding
deposition issues.
10.75 250.00 /hr 2,687.50
05/01/13 GTS Run searches and prepare documents in preparation for deposition.
5.20 175.00 /hr 910.00
05/01/13 RSS Review of matters for Jim Stamm deposition; prepare for the same; review and analyze
exhibits and matters related to deposition; call with WPM on matters related to tension
ring issues; calls with Shiel on matters related to SSE and issues related to shop drawings;
work on deposition matters for both Stamm and Creviston; analysis of the same; analysis
of issue related to trial matters; follow up on the same; call with Les Olds on the same.
14.00 385.00 /hr 5,390.00
05/01/13 TIC Preparation for deposition of former SSE employee J. Stamm. Attention to issue of public
disclosure of financial information.
INDIANA • •R OR IDA MINNES OTA
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' Invoice#354154
1.60 475.00 /hr 760.00
05/02/13 BSS Prepared for and participated in deposition of Jim Stamm, former project manager of SSE
and supervisor for SSE's involvement in the Performing Arts Center construction,
specifically the Palladium's steel members. Strategized regarding issues discussed in
deposition and areas of interest for further development. Conference with SSE's counsel
regarding stipulations of documents for authenticity and admissibility. Researched issues
related to bond and surety as applied to performance bond and recovering on the same.
9.75 250.00/hr 2,437.50
05/02/13 GTS Run searches for requested during deposition. Prepare documents for use at deposition.
1.50 175.00/hr 262.50
05102113 RSS Prepare for Jim Stamm, SSE deposition, analyze issues related to the same; work on the
same; take Jim Stamm's deposition.
10.00 385.00 /hr 3,850.00
05/02/13 TJC Participated in deposition of Jim Stamm, former employee of SSE (and project manager of
CPAC for SSE). Conference with opposing counsel regarding stipulations as to
admissibility of exhibits for use at trial.
7.00 475.00 /hr 3,325.00
05/03/13 ATD Prepare Subpoena and Notice of Deposition - David Ruby. Obtain witness and mileage fee
check re: same. Contact court reporting firm and arrange to cover deposition.
0.75 205.00 /hr 153.75
05/03/13 BPH Review memorandum regarding document productions from Creviston. Prepare for and
begin drafting deposition outline for Jack Creviston.
2.00 215.00 /hr 430.00
05/03/13 BSS Researched issues related to dismissal of negligence count. Worked on drafting Pre-Trial
Brief. Worked on drafting Notice of Dismissal of Count for Negligence Against SSE.
Worked on drafting Mediation Statement.
2.50 250.00 /hr 625.00
05103113 GTS Search for and prepare documents responsive to Rob Schein's request.
1.84 175.00 /hr 322.00
05/03/13 RSS Analyze trial strategy; analyze Creviston issues; work on the same; analyze witness and
exhibit matters.
2.50 385.00 /hr 962.50
05/04/13 BSS Researched bond/surety issues, enforcement of performance bond, proving elements of the
same against Defendant Ohio Farmers Ins. Co. and recovery of performance bond
guaranty.
0.50 250.00 /hr 125.00
05/06/13 ATD Review confirmation received from court reporting firm re: deposition of David Ruby.
Forward to Strawbridge et al.
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Invoice# 3541 54
0.25 205.00 /hr 51.25
05/06/13 BPH Review documents produced by opposing counsel in preparation to draft deposition
outline for upcoming deposition of Jack Creviston. Draft and revise deposition outline of
Jack Creviston. Review, compile and organize deposition exhibits in preparation for use
at trial. Teleconference with Mr. Strawbridge regarding recovery against Defendant's
surety. Perform legal research regarding conditions for recovery against surety in event of
default of contractor. Draft summary of findings regarding same.
7.70 215.00/hr 1,655.50
05/06/13 BSS Strategized regarding and prepared for deposition of Jack Creviston, P.E., by analyzing
myriad documents and correspondence and drafting summaries of issues for inclusion in
deposition and drafted deposition outline for the same; worked on preparing and
organizing documents for the deposition. Worked on drafting/revising extensive
memorandum of issues related to contract claim that sets out the contractual allegations
and all Contract Document provisions, including the Bid Package, General Conditions,
Specifications, Shop Drawings, General Structural Notes, and others, that support
contractual claims and articulating bases for asserting that there were breaches of these
provisions and outlining remedies available under the same, which is to be used as
guideline for articulating rationale for breach of contract at trial. Extensive
telecommunications regarding these issues. Researched issues regarding enforcement of
performance bond against Surety for breach of contract for design against Principal, i.e.,
SSE, and prepared summary of issues relating to enforcement performance bond in order
to recover on the same at trial. Worked on Pre-Trial Brief. Analysis of draft Notice of
Dismissal of Negligence Count, and strategized regarding timing of the same.
10.25 250.00 /hr 2,562.50
05/06/13 GTS Prepare documents for attorney review.
0.97 175.00 /hr 169.75
05/06/13 MJM Address issues re maintaining negligence claims and strategy for mediation.
0.75 475.00 /hr 356.25
I
05/06/13 RSS Analyze issues related to Creviston deposition; work on the same; analyze issues related to
exhibits and matters related to trial; analyze claims, burden of proof and matters related
for trial; analyze defenses and responses to the same; review of matters and documents in
preparation of the same; call with Shiel on matters related to trial; follow up on the same.
10.00 385.00 /hr 3,850.00
05/06/13 TJC Receipt and review of court order confirming SSE will not and cannot file dispositive
motions. Prepared for deposition of Creviston.
1.70 475.00 /hr 807.50
05/07/13 BPH Update and revise master deposition exhibit list in preparation for trial. Draft and revise
trial exhibit list in preparation for trial. Review and prepare documentation of damages
including change orders, consultant invoices and other expenses in preparation of trial.
Prepare and organize pleadings in preparation for trial.
5.50 215.00 /Ill- 1.182.50
CRML 00001 Pale 4
Invoice#354154
05/07/13 BSS Communications with counsel for Jack Creviston regarding deposition scheduled for 5/9
and production of his entire project file to confirm production of all emails and
calculations. Worked on drafting/revising deposition outline of,lack Creviston and
prepared/coordinated preparation of all deposition exhibits. Analysis of depositions and
exhibits to date for use at deposition of Jack Creviston. Researched issues related to the
performance bond and recovering under the provisions outlined therein. Strategized
regarding issues to raise in deposition of Creviston. Coordinated with litigation support
personnel. Analysis of numerous documents for use in depositions. Conference with
counsel for SSE regarding stipulations and depositions of Dieter Kohn and C. Crosby.
Strategized regarding witness for use at trial. Analysis of expert reports. Analysis of
National Practice Guidelines for Specialty Structural Engineers as well as the
corresponding Code applicable to the same for connection designs.
7.75 250.00/hr 1,937.50
05/07/13 GTS Prepare documents for attorney review.
1.50 175.00 /hr 262.50
05/07/13 RSS Review and analyze issues related to Creviston deposition; work on the same; review of
exhibits in preparation of the same; work on the same; prepare for Creviston deposition;
review of WPM reports on the same; analyze issues related to trial matters; follow up on
the same.
6.50 385.00 /hr 2,502.50
05/07/13 TJC Prepared for deposition of Jack Creviston. Began organization and outlines for proofs at
trial.
1.60 475.00 /hr 760.00
05/08/13 ATD E-mails to and from court reporter confirming deposition of Creviston.
0.25 205.00 /hr 51.25
05/08/13 BPH Perform legal research regarding suretyship and the responsibilities of all of the parties to
a performance bond. Draft memorandum regarding recovery from surety under the
performance bond and contract law. Review and revise deposition outline of Jack
Creviston in preparation for upcoming deposition. Review report of David Ruby in
{ preparation to draft deposition outline.
" I = 5.40 215.00 /hr 1,161.00
05/08/13 BSS Analysis of performance bond issues and revised/drafted memorandum regarding the
same in support of trial delivery strategy. Drafted; revised, strategized regarding, and
corresponded regarding deposition outline of J. Creviston for May 9 deposition.
Coordinated and prepared documents for deposition. Worked on and strategized
regarding Pre-Trial Brief and Mediation Statement. Teleconferences regarding issues with
the Judge's medical status and potential for surgery timeline affecting trial date. Worked
on and corresponded regarding trial briefs and contents thereof. Analysis of Code for
Specialty Structural Engineer as well as recommended Ouidelines of best practices;
teleconference with WPM (i.e., our experts) regarding the same. Analysis of various
Requests for Information and documentation appended thereto. Analysis of shop
drawings and bid specifications. Analysis of deposition exhibits entered to date and
strategized regarding use of the same at deposition of J. Creviston. Teleconferences and
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CRML 00001 Pa(le 5
Invoice#354154
correspondence regarding these and other issues.
7.25 250.00 /hr 1,812.50
05/08/13 RSS Prepare for Creviston deposition; analyze issues on the same; work on the same; calls with
WPM on the same; analyze matters related to trial; call with Shiel on matters related to
trial; work on the same.
7.00 385.00 /hr 2,695.00
05/08/13 TJC Prepared for deposition of Jack Creviston. Revised and edited outline. Trial planning and
preparation.
1.80 475.00 /hr 855.00
05/09/13 BPH Review deposition outline of Jack Creviston in preparation to draft deposition outline of
David Ruby. Draft David Ruby deposition outline.
2.50 215.00 /hr 537.50
05/09/13 BSS Prepared for deposition of Jack Creviston, P.E., and coordinated exhibits for the same.
Attended and strategized regarding deposition of J. Creviston. Analyzed issues resulting
therefrom. Researched Jack Creviston and Creviston Engineering, Inc. Conferred with
opposing counsel regarding use of exhibits at trial, stipulating to deposition exhibits for
use at trial, and other trial presentation matters. Strategized regarding request for Final
Pre-Trial Conference. Revisions to trial strategy related to breach of contract claim. Post
mortem and summary of deposition of Jack Creviston.
11.75 250.00 /hr 2,937.50
05/09/13 GTS Prepare documents for use at deposition.
1.40 175.00 /hr 245.00
05/09/13 RSS Preparation of Creviston deposition; take .Tack Creviston deposition; analyze issues related
to the same; follow up on additional matters on the same.
12.50 385.00/hr 4,812.50
05/09/13 TJC Participated in deposition of Jack Creviston. Receipt and consideration of proposal
regarding trial exhibits from SSE counsel.
10.00 475.00 /hr 4.750.00
05/10/13 BPH Review expert report of David Ruby and contractual provisions of the bid package in
preparation to continue draft of deposition outline of David Ruby. Update deposition
outline of David ruby. Compile, manage and review pertinent pleadings in preparation for
trial. Perform legal research regarding entry of judgment against both principal in surety
and provide summary of findings. Update memorandum regarding recovery against
surety regarding same.
4.10 215.00 /hr 881.50
05/10/13 BSS Strategized regarding and worked on preparing and coordinating issues for deposition of
David Ruby, P.E.. expert to SSE and teleconferences and correspondence regarding the
same. Strategized regarding trial preparation issues and worked on coordinating trial
notebooks. Worked on drafting Mediation Statement.
2.50 250.00 /hr 625.00
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Invoice# 354154
05110/13 RSS Call with WPM on matters related to Creviston deposition and trial matters; review and
analyze issues related to the same; analyze witness and exhibit lists for trial; work on the
same; analyze legal strategy for trial and work on the same.
5.00 385.00/hr 1,925.00
05/10/13 TJC Trial preparation. Considered and determined identity and order of witnesses for case in
chief and core documents for both liability and damages phases. Identified likely SSE
witnesses. Began outlining cross examinations of SSE witnesses. Review and analysis of
memorandum outlining proof at trial necessary to recover on performance bond.
2.60 475.00 /hr 1,235.00
05/11/13 BSS Worked on drafting Trial Brief.
125 250.00 /hr 312.50
05111/13 RSS Work on trial strategy; analyze issues related to the same; work on direct examination
testimony; review of materials in preparation of the same.
3.75 385.00 /hr 1,443.75
05/12/13 RSS Work on Les Olds direct examination; analyze issues related to the same.
1.00 385.00 /hr 385.00
05/13/13 BPH Review confidential mediation statement in preparation to compile documentation of
damages. Organize and prepare documentation evidence of damages, including Walter P.
Moore invoices, attorneys fees invoices and emergency/remediation invoices from repair
of the Palladium in preparation for trial. Teleconference with Mr. Strawbridge regarding
direct examination of Walter P. Moore experts at trial. Review memorandum regarding
contractual issues between the CRC and SSE in preparation to revise deposition outline of
David Ruby.
5.40 215.00 /hr 1.161.00
` 05/13/13 BSS Worked on preparing deposition outline for D. Ruby. Correspondence/teleconference
with WPM representatives regarding trial preparation issues. Worked on drafting Trial
Brief. Strategized regarding witnesses for trial and worked on preparing outlines.
Teleconference with opposing counsel regarding Rule 30(13)(6) depositions.
6.00 250.00 /hr 1,500.00
05/13/13 GTS Call with Bryan Strawbridge regarding documents produced.
0.20 175.00 /hr 35.00
05/13/13 RSS Work on matters related to trial and issues related to the same; work on exhibits and
preparation of witness testimony; call with WPM on matters related to depositions and
trial issues; follow up on the same; analysis of issues going forward with trial; call with
Mike Anderson on matters related to trial.
5.75 385.00 /hr 2.213.75
05113113 TJC Preliminary work related to outline of direct trial examination of Larry Griffis of Walter P
Moore. Began outline of cross examination of Paul Brumleve, based on first 100 pages of
his deposition transcript. Trial preparation. Prepared for conference call with Walter P
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Invoice#354154
Moore.
2.80 475.00 /hr 1,330.00
05/14/13 BPH Participate in teleconference with Mr. Schein, Mr. Costakis and representatives of Walter
P. Moore regarding status of case, upcoming deposition of David Ruby and trial
preparation. Meet with Mr. Schein regarding damages analysis and preparation for direct
examination of witnesses regarding damages claims. Strategize with Mr. Strawbridge
regarding damages and upcoming deposition of David Ruby. Review and calculate
invoices of damages in preparation for trial.
6.25 215.00 /hr 1,343.75
05/14/13 BSS Worked on drafting and revising Trial Brief. Strategized/corresponded regarding
supplemental deposition of Les Olds or Don Cleveland on Rule 30(B)(6) issues.
3.00 250.00 /hr 750.00
05/14/13 GTS Prepare documents for attorney review.
0.60 175.00 /hr 105.00
05/14/13 RSS Analysis of issues related to Dave Ruby matters and deposition; work on the same; call
with WPM on the same; review of documents and damages for trial.
3.50 385.00 /hr 1,347.50
05/14/13 TJC Worked on draft of outline of cross examination of Paul Brumleve, continuing through
deposition transcript. Lengthy teleconference with Walter P Moore regarding deposition
strategy in connection with Ruby and trial preparation.
5.50 475.00 /hr 2,612.50
05115113 BPH Perform comprehensive review and comparison of expert reports of Walter P. Moore and
David Ruby in preparation to further revise deposition outline of David Ruby. Research
publications and speaking engagements of David Ruby in preparation for same. Strategize
regarding direct exam outlines of representatives of Walter P. Moore.
` 3.00 215.00/hr 645.00
05/15/13 BSS Worked on drafting/revising Trial Brief for submission to Court prior to trial for
edification. Correspondence regarding deposition of D. Ruby and changing the date of the
same. Teleconference with opposing counsel regarding stipulation as to components of
SSE's counterclaim regarding pay application.
3.50 250.00 /hr 875.00
05/15/13 RSS Review and analyze issues related to trial matters; work on matters related depositions;
follow up on matters related depositions; review and analyze issues related to Trial Brief;
follow up on matters related to Stipulations; analyze issues related to exhibits.
3.00 385.00 /hr 1.155.00
05/15/13 TJC Worked on outline of Brumleve cross examination. Addressed issues related to Ruby
deposition and stipulation to obviate need for Cleveland deposition.
0.80 475.00/hr 380.00
05116113 BPH Review all invoices received fi-om Shiel Sexton, Alt and Witzig, Cripe, Hagerman, Bybee,
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Invoice#354154
Purdee, Sofco, Circle B Complete Masonry ERMCO, Walter P. Moore, General Piping,
Micro Air, MD Restoration; WR Dunking, Horning and SS&E. Calculate total damages
from same and update comprehensive database of damages in preparation for trial.
6.10 215.00 /hr 1,311.50
05/16/13 BSS Worked on drafting and revising Trial Brief to be provided to Court in preparation to trial
to outline issues, anticipated testimony and issues. Worked on calculating damage issues
and analysis of documents supporting the same; coordinated use of damage evidence at
trial. Strategized regarding Mediation Statement. Coordinated issues for May 21
mediation. Worked on revisions to Notice of Withdrawal of Negligence Count.
Researched issues for trial brief regarding breach of contract claim. Numerous
correspondence and teleconferences regarding these issues.
5.25 250.00/hr 1,312.50
05/16/13 GTS Call with Blake Holler regarding supporting invoices for damages claim.
0.40 175.00 /hr 70.00
05/16/13 TJC Trial preparation. Review and analysis of Volume II of Brumleve deposition transcript.
Completed initial draft of outline of cross examination of Brumleve for trial. Addressed
issues regarding Ruby deposition and trial brief.
4.20 475.00/hr 1,995.00
05/17/13 ATD Prepare Amended Notice of Deposition and Subpoena - David Ruby. Cover letter to
opposing counsel re: same. Advise court reporter of change of date for deposition.
0.50 205.00 /hr 102.50
05/17/13 BPH Review invoices received from subcontractors in preparation to update confidential
mediation statement and master spreadsheet of damages in preparation for trial. Update
spreadsheet regarding same and compile documentation of damages.
3.00 215.00 /hr 645.00
05/17/13 BSS Worked on drafting Trial Brief. Prepared Amended Notice of Deposition and Subpoenas
for D. Ruby, P.E. Revised Stipulation proposed by SSE's counsel regarding SSE's
Counterclaim. Extended teleconference with opposing counsel regarding mediation,
30(b)(6) depositions, and other issues. Worked on drafting/revising Mediation Statement.
Strategized regarding witness issues for trial. Worked on preparing trial notebook.
4.25 250.00 /hr 1,062.50
05/17/13 TJC Addressed issues related to Ruby deposition. Review and analysis of entire Lavier
deposition transcript. Prepared draft of outline of trial cross examination of Mark Lavier.
Review and comment on draft of stipulation provided by counsel for SSE related to
amounts claimed and set off. Lengthy teleconference with opposing counsel related to
mediation and trial issues.
5.10 475.00 /hr 2,422.50
05/18/13 TJC Revised and edited draft of trial brief. Revised, edited and provided comments on
mediation statement.
2.70 475.00 /1-ir 1,282.50
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Invoice#354154
05/19/13 BSS Drafted and revised trial brief and mediation statement adding sections regarding SSE's
perceived arguments and rebutted the same. Correspondence regarding arguments and
revisions.
2.25 250.00 /hr 562.50
05/19/13 RSS Review and analyze matters related to Mediation Statement; draft changes to the same;
analyze Trial Brief matters; work on the same; review and analyze matters related to
Mediation and Trial.
3.50 385.00 /hr 1,347.50
05/20/13 BPH Compile documentation of damages. Review invoices and update master database of
damages in preparation for trial. Meet with Mr. Schein regarding confidential mediation
statement. Edit and revise confidential mediation statement to reflect damages incurred.
Review report of WPM regarding background information of David Ruby in preparation
to update deposition outline.
5.80 215.00 /hr 1,247.00
05/20/13 GTS Call with Blake regarding supporting documents for damages claim. Run searches in
document database.
0.50 175.00 /hr 87.50
05/20/13 RSS Analysis of issues related to Mediation Statement; work on the same; calls with WPM on
matters related to depositions and WPM matters; call with Les Olds on matters related to
the same; prepare for Mediation; review and analyze issues related to Mediation and
deposition of Ruby.
9.50 385.00 /hr 3,657.50
05/20/13 TJC Prepared for mediation. Teleconference with WPM. Preparation for trial. Review of
public case study on Carmel Performing Arts project presented by Ruby and Associates.
6.20 475.00 /hr 2,945.00
05/21/13 BPH Perform review of Walter P Moore invoices. Update damages amounts regarding peer
review, assessment of structural failure and fault analysis in preparation for mediation.
Teleconference with Mr. Smith regarding change orders for settlement of claims with
subcontractors. Update and revise deposition outline of David Ruby in preparation for
upcoming deposition. Prepare to draft direct examination outlines of representatives of
Walter P. Moore.
7.80 215.00 /hr 1,677.00
05/21/13 GTS Run searches for change orders. Call with Blake Holler regardino same. Draft e-mail to
Rob Schein regarding the Ruby Associates video.
1.40 175.00 /hr 245.00
05/21/13 RSS Prepare for mediation; analyze issues on the same; attend mediation; follow up on matters
related to the same.
10.00 385.00 /hr 3,850.00
05/21/13 SJR Prepare video presentation and slides for attorney review. Possibly use for trial.
A101 1.80 155.00 /hr 279.00
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Invoice#354154
05/21/13 TJC Pre-mediation meeting with Les and Dave; participated in frill day mediation. Follow up
on open items.
8.10 475.00 /hr 3,847.50
05/22/13 BPH Meet with Mr. Schein regarding results of mediation and action items moving forward in
preparation for trial. Strategize with Mr. Schein regarding deposition of David Ruby.
Update and revise deposition outline of David Ruby. Review documents produced by
SSE and Creviston in preparation for deposition of David Ruby.
3.70 215.00 /hr 795.50
05/22/13 BSS Extended teleconference regarding trial setting, scheduling, Judge's surgery, adding of
additional counts/defects, and worked on drafting Amended Complaint and deposition
outlines.
1.50 250.00 /hr 375.00
05/22/13 RSS Analysis of issues related to trial and strategy on the same; work on the same; preparation
for Dave Ruby deposition; analysis of issues related to the same; calls with WPM on
matters related to Dave Ruby and trial; call with Les Olds on matters related to trial;
review of matters for hearing with Court tomorrow; analyze stipulation of exhibits and
related matters; work on the same; calls with SSE counsel on issues related to the same;
work on the same.
11.00 385.00 /hr 4,235.00
05/22/13 SJR Prepare final DVD and slides of presentation.
A101 0.80 155.00 /hr 124.00
05/22/13 TJC Reviewed notice letters to SSE based on arguments made at mediation. Post meditation
summary and strategy in terms of whether to continue settlement discussions through
mediator. Trial preparation.
2.20 475.00 /hr 1,045.00
05/23/13 BPH Update and revise deposition outline of David Ruby. Review Failure Analysis report of
Walter P. Moore. Review curriculum vitae of Dilip Choudhuri and Larry Griffis in
preparation for drafting direct examination outlines for Mr. Choudhuri and Mr. Griffis.
Draft direct examination outlines for Mr. Griffis and Mr. Choudhuri.
630 215.00 /hr 1,354.50
05/23/13 BSS Telephonic status conference with the Court. Correspondence regarding developments
following hearing with Court. Strategized regarding stipulations as to SSE's Counterclaim
and dismissal of negligence count. Strategized regarding stipulation as to admissibility
and authenticity of exhibits for use at trial.
1.50 250.00 /hr 375.00
05/23/13 RSS Review and analyze issues related to trial; work and prepare the same; analyze issues
related to Ruby matters; attend Status Conference with Judge Nation; analyze issues and
strategy on the same; work and follow up on the same; call with WPM on trial matters and
preparation of the same; continue review of the same; attend Commission meeting.
8.50 385.00 /hr 3.272.50
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Invoice# 3 54 154
05/23/13 TJC Worked on draft of cross examination (for trial) of Jack Creviston. Reviewed Creviston's
deposition transcript. Participated in telephonic status conference with Judge Nation (at
his notice/request). Participated in teleconference with Walter P. Moore to prepare for
Ruby deposition and trial. Trial strategy. Meeting in executive session with
Redevelopment Commission.
5.80 475.00 /hr 2,755.00
05/24/13 BPH Update and revise deposition outline of David Ruby in preparation for upcoming
deposition. Strategize with Mr. Schein regarding amending complaint.
2.40 215.00 /hr 516.00
05/24/13 BSS Teleconference and numerous correspondence regarding moving trial setting and
additional counts/defects to be added to complaint.
0.50 250.00 /hr 125.00
05/24/13 RSS Review and analyze strategy related to amendment of complaint, new issues related to
trial and matters on the same; call with WPM on matters related to case and preparation of
the same; analyze issues related to Ruby deposition and matters on the same; call with
Judge Nation on Hearing related to Trial and issues going forward; follow up on the same;
further analysis of issues related to amendment of complaint and issues on the same; work
on the same; call with Les Olds on matters related to the same; correspond with
Commission on status of matters; follow up on the same.
6.50 385.00 /hr 2,502.50
05/24/13 TJC Strategy related to seeking leave to amend complaint and management of trial date.
Conference call with Court and opposing counsel. Follow up strategy given Court's
guidance. Teleconference with Dilip Choudri of Walter P. Moore.
2.60 475.00 /hr 1.235.00
05/27/13 BSS Worked on drafting Amended Complaint to add in additional defects. Worked on drafting
Motion for Leave to Amend Complaint.
2.00 250.00 /hr 500.00
05/27/13 RSS Analysis of matters related to claims, going forward strategy and issues on the sane;
analysis of amendment of complaint and trial matters.
0.50 385.00 /hr 192.50
05/28/13 BPH Review pertinent pleadings in preparation to draft motion for leave to amend complaint.
Draft motion for leave to amend complaint. Strategize with Mr. Strawbridge regarding
amended complaint.
3.60 215.00 /in- 774.00
05/28/13 BSS Teleconference with opposing counsel regarding cancellation of Ruby and Olds'
depositions as well amendments to complaint and possibility of adding Creviston and/or
Arcan because of such amendments. Worked on drafting/revising Amended Complaint.
Worked on preparing Motion for Leave to Amend Complaint. Strategized regarding these
issues.
5.00 250.00 /hr 1,250.00
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05/28/13 RSS Analysis of claim matters; follow up on the same; review and analyze matters related
arnended complaint and issues on the same; follow up on matters related to WPM and
issues for truss and post connections; call with WPM on the same.
2.00 385.00 /hr 770.00
05/28/13 TJC Attention to motion for leave to amend complaint. Considered whether art of drafting
could affect whether SS&E brings Creviston and/or Arcan in as third parties. Prepared for
hearing with court scheduled for May 31.
1.00 475.00 /hr 475.00
05/29/13 BSS Teleconferences with Court regarding hearing on 5/31. Teleconferences with opposing
counsel regarding Truss Defects and Post Bolt Defects and supporting information.
Worked on revising Amended Complaint. Analysis of materials provided by WPM
related to new defects. Correspondence and strategy related to these issues.
3.00 250.00 /hr 750.00
05/29/13 RSS Call with WPM on matters related to case and trial; analyze issues related to the same;
analysis of issues related to Court's Order on Amended Complaint and discovery and new
trial matters; analysis of issues related to WPM retrofit issues; follow up on the same; call
with WPM on the same; call with Shiel on matters related to the same.
2.50 385.00 /hr 962.50
05/29/13 TJC Receipt and review of Court Orders from Court. Receipt and analysis of summary of
status and analysis by Walter P. Moore of Truss and Post problems. Status as to
remediation. Prepared for hearing on May 31. Analysis of issues related to seeking leave
to amend and site visit by SSE. Analysis of likelihood that SSE will seek to bring
Creviston and/or Arcan into litigation and potential impact on the litigation.
2.20 475.00 /hr 1,045.00
05/30/13 BSS Teleconference with Court's staff regarding Judge Nation's health and effect upon
scheduling hearing and trial settings. Worked on drafting/revising Amended Complaint
and Motion for Leave to file the same. Analysis of summary of new defects from WPM.
Analysis of notices being issued to SSE, Surety, and potentially others related to new
defects. Correspondence and teleconference with opposing counsel regarding newly
discovered defects. Strategized regarding 5/31 hearing.
2.75 250.00 /hr 687.50
05/30/13 RSS Call with Les Olds on matters related to case and hearing on the same; analyze issues
related to lhearing tomorrow and amended complaint; review and work on the same;
analyze issues related to notices to SSE and Ohio Farmers; follow up on the same; Finalize
notices and issues on the same.
3.25 385.00 /1-i►- 1,251.25
05/3 0/1 TJC Analysis of Walter P Moore preliminary report of Truss and Post Bolt Issues. Prepared
for hearing with Court on May 31. Revised and edited draft of motion for leave to amend
the complaint. Revised and edited draft of amended complaint.
2.60 475.00 /1-ir 1,235.00
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CRML 00001 Pa-e 13
Invoice#3541 54
05/3 1/1 3) BSS Worked on revising Amended Complaint to include Truss Defects and Post Bolt Defects
and addressed various issues related to Creviston; worked on Motion for Leave to file
Amended Complaint. Teleconferences with Court regarding 5/31 hearing with Court.
Teleconference with SSE's counsel regarding 5/31 hearing and amended pleadings, among
other things. Travel to and from Hamilton County for hearing with Judge Nation;
attended hearing. Strategized regarding new trial setting(s) and calendared respective
deadlines and dates implicated thereby. Correspondence regarding hearing.
6.25 250.00 /hr 1,562.50
05/31/13) RSS Analysis of issues related to amended complaint; review and follow up on matters on the
same; review of issues for Status Conference hearing; attend hearing and follow up on the
issues for the same.
4.50 385.00/hr 1,732.50
05/31/13 TJC Case management and strategy. Revised draft of amended complaint. Reviewed draft
notice of defects based on Truss and Post Bolts issues. Participated in Status Conference
with Court and opposing counsel to address amendment of complaint, new trial date and
new scheduling order. Follow up strategy based on rulings by court.
3.40 475.00 /hr 1,615.00
Total Fees for this Matter: 439.91 $ 143,919.25
TJC Costakis, Thomas J. 81.50 hrs 475.00 /hr 38,712.50
ATD Deibert, Andrew T. 1.75 hrs 205.00 /hr 358.75
BPH Holler, Blake P. 80.55 hrs 215.00 /hr 17,318.25
MJM Merkle, Mark J. R. 0.75 hrs 475.00 /hr 356.25
SJR Roberts, Steven J. 2.60 hrs 155.00 /hr 403.00
RSS Schein, Robert S. 146.25 hrs 385.00 /hr 56,306.25
GTS Smith, Gary T. 15.51 hrs 175.00 /hr 2,714.25
BSS Strawbridge, Bryan S. 111.00 hrs 250.00/hr 27,750.00
Total: 439.91 hrs $ 143,919.25
Color Copies 2.00
Federal Express 60.54
Photocopies 270.40
04/29/13 ACEC - CASE National Practice Guidelines for Speciality 60.00
Structural Engineers
05/16/13 VENDOR: Baynes Reporting Service; INVOICE#: 13599; 631.20
DATE: 5/16/2013 - .lames W Stanun transcript, City of
Carmel vs SSNE
05/23/13 VENDOR: Baynes Reporting Service; INVOICE#: 13605; 1,527.00
DATE: 5/23/2013 - Jonathon .lack Creviston transcript, City
of Carmel vs. SSNE
05/31/13 VENDOR: Bryan Strawbridge; INVOICE#: EX060313; 14.55
DATE: 5131/2013; Travel
1 i
CRML 00001 Pase 14
Invoice#354154
Total Disbursements for this Matter: $ 2,565.69
TOTAL FEES: $ 143,919.25
TOTAL DISBURSEMENTS: $ 2,565.69
TOTAL CHARGES FOR THIS BILL: $ 146,484.94
This invoice is due upon receipt.
Please make checks payable to Krieg DeVault LLP and reference the invoice number.
I
I
One Indian
a Square
Suite D VUL T. Indianapolis,
IN 46204-2079
T:317.636.4341
F:317.636.1507
Fed.EIN#35-1055087
Carmel Redevelopment Commission
Les Olds, AIA, Executive Director
30 West Main Street, Suite 220
Carmel, IN 46032
July 23,2013
Invoice Number 358044
Our File #: CRML 00001 ABB
Performing Arts Center Claims
FOR PROFESSIONAL SERVICES RENDERED THROUGH June 30, 2013
06/03/13 BSS Worked on revising Amended Complaint to include new defects. Teleconferences and
correspondence with opposing counsel and others regarding inspection of exposed steel
connections in the building and coordinating the same. Researched jurisdictional issues
related to Arcan and the potential for inclusion by third party complaint being added to the
litigation. Coordinated with Court staff regarding trial scheduling and hearing issues.
2.25 250.00/hr 562.50
06/03/13 GTS Search documents database for documents responsive to Rob Schein's request and prepare
for review.
0.70 175.00/hr 122.50
06/03/13 RSS Analysis of issues related to amended complaint and strategy on the same; review and
follow up on issues with WPM on the same;
2.00 385.00/hr 770.00
06/03/13 TJC Analysis of and attention to issues related to amendment of complaint, SS&E bringing
Creviston and Arcan into the case and general strategy in light of recent rulings and
developments. Analysis of request by SS&E counsel for site visit and additional materials
from WPM. Drafted proposed response.
1.30 475.00 /hr 617.50
06/04/13 BSS Teleconference with opposing counsel regarding inspection of the building,
correspondence regarding the same; strategized regarding and coordinated inspection.
Strategized regarding filing of Amended Complaint and Motion for Leave. Analysis of
6A MUNNESOTA:
GEORGIA
FLORI
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Invoice#358044
WPM's drawings.
1.25 250.00/hr 312.50
06/04/13 RSS Call with SSE counsel on matters related to Truss Connections and Bolt Connections;
analysis of issues related to Amending Complaint; follow up on issues with WPM on the
same;
1.50 385.00/hr 577.50
06/04/13 RSS Review and analyze issues related to SSE matters and Creviston claims; call with WPM
on matters related to trial and issues going forward; follow up on matters related to the
same;
1.50 385.00/hr 577.50
06/04/13 TJC Addressed requests by SSE and Creviston counsel for calculations of WPM; worked on
plans for site visit.
0.70 475.00/hr 332.50
06/05/13 BSS Teleconference with opposing counsel regarding calculation issues. Researched spoliation
issues. Strategized regarding site inspection. Worked on revising amended pleading.
1.00 250.00/hr 250.00
06/05/13 GTS Search document database for documents responsive to Rob Schein's request.
0.70 175.00/hr 122.50
06/05/13 RSS Analysis of issues related to Amended Complaint; review of the same; analysis of issues
related to discovery and requested information from SSE/Creviston; follow up on the
same; analysis of WPM matters; work on the same; correspond with Les, Karl and Ryan
on matters related to trial;
3.00 385.00/hr 1,155.00
06/05/13 TJC Addressed issues related to site visit, amendment of complaint and request for WPM
calculations. Addressed issues raised by counsel for SSE and Creviston related to site
visit and allegations of spoliation. Receipt and review of Court's Order on pre-trial
conference.
1.50 475.00 /hr 712.50
06/06/13 BSS Analysis of Truss Defects and Post Bolt Defects to strategize regarding notice of
remediation and defects and applicability to contract documents to confirm that
opportunity to mitigate was satisfied. Analysis of communications regarding the same.
Prepared chronology of all issues related to subsequent defects, notice, and remediation.
Receipt and analysis of SSE's Emergency Motion to Stay Remediation to Prevent
Spoliation; strategized regarding response; worked on drafting Response to the same and
Motion for Fees.
6.00 250.00 /hr 1,500.00
06/06/13 RSS Analysis of issues related to Creviston/SSE matters on remediation; calls with WPM on
matters related to retrofit and issues on the same; calls with SSE counsel on matters
related to Amended Complaint and retrofit and issues related to Emergency Motion to
Stay Remediation; review of Motion and analyze issues related to the same; call with
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CRIvIL 00001 Page 3
Invoice#358044
WPM on the same; calls with Shiel Sexton related to site visit; follow up on the same;
6.50 385.00/hr 2,502.50
06/06/13 TJC Addressed issues related to site visit, spoliation and finalization of amended complaint.
Review and analysis of emergency motion to shut down remediation filed by SSE.
Outlined proposed response. Review and analysis of drawing provided by WPM related
to revised plan of retrofit of truss connection T3. Reviewed and revised draft of
memorandum regarding disclosure to and knowledge of SSE regarding truss connection
and post bolt connection defects.
4.10 475.00/hr 1,947.50
06/07/13 AJS Non-Charge: Researching the proper standards and threshold matters for spoliage of
evidence in Indiana.
1.00 0.00/hr 0.00
06/07/13 AJS Non-Charge: Site visit with Bryan Strawbridge and Rob Schein to Palladium to supervise
and oversee opposing counsel and expert's on-site visit.
3.50 0.00/hr 0.00
06/07/13 BSS Researched issues associated with spoliation. Worked on response to Defendants'
Emergency Motion. Correspondence regarding responding to 1BJ inquiries regarding
Truss Defects. Worked on drafting response to Defendants' Emergency Motion;
researched issues in support thereof. Attended site inspection with Creviston's expert as
well as SSE's counsel.
6.00 250.00/hr 1,500.00
06/07/13 RSS Analysis of issues related to Motion to Stay Remediation; strategize on response to the
same; review and work on matters related to Amended Complaint; review and analyze
issues related to Motion to Stay Remediation and issues associated therewith; work on the
same; call with WPM on matters related to remediation; follow up on issues related to the
same;
5.50 385.00/hr 2,117.50
06/07/13 TJC Addressed logistics of site visit and status of retrofit/remediation of trusses. Addressed
IBJ's request for information. Teleconference with Melanie from Department of
Communications. Worked on response to motion to halt remediation.
2.30 475.00/hr 1,092.50
06/09/13 RSS Call with WPM on matters related to remediation and retrofit and amended complaint;
follow up on issues related to the same.
1.50 385.00/hr 577.50
06/10/13 BSS Worked on drafting/revising Response and Objection to Defendants' Emergency Motion
to Stop Remediation, and Motion for Sanctions Against Defendants for filing the same;
strategized and corresponded regarding draft Response and Objection and revisions to the
same. Strategized regarding spoliation claim and researched the same. Worked on
revisions to Amended Complaint and Motion for Leave to file the same. Multiple
correspondence and teleconferences with the Court regarding filing Response and
Objection to Defendants' Emergency Motion. Teleconference with opposing counsel
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CRIVIL 00001 Page 4
Invoice#358044
regarding response deadlines to Motion for Leave to Amend and Response/Objection to
Emergency Motion.
4.25 250.00/hr 1,062.50
06/10/13 RSS Draft and prepare Response to Motion to Stay Remediation; analysis of issues on the
same; call with Shiel Sexton on matters related to remediation; draft and finalize Motion
for Leave to Amend Complaint and Amended Complaint; analysis of issues for the same;
analyze strategy on Amended Complaint matters.
7.00 385.00/hr 2,695.00
06/10/13 TJC Addressed issues related to filing of motion for leave to amend complaint, allegations of
amended complaint, and draft of response to SSE's motion related to spoliation and the
remediation of the truss and post bolt issues. Revised and edited draft of amended
complaint. Revised and edited response to SSE's emergency motion. Communication
among counsel related to site visit for David Ruby. Receipt and review of SSE's second
request for production of documents. Review and analysis of communications from court
staff.
2.90 475.00/hr 1,377.50
06/11/13 BSS Multiple teleconferences and emails with the Court regarding Defendants' Emergency
Motion to Stop Remediation and Produce Documents, the CRC's Response thereto, along
with the CRC's Motion for Leave to Amend Complaint, and whether or not Defendants
intend to respond/object to the Motion for Leave. Strategized regarding these filings.
Analysis of Defendants' discovery requests. Correspondence regarding inspection of
Palladium by SSE's expert, D. Ruby, and discussed completed inspection by Creviston's
expert, R. Darvas and Assoc.
1.00 250.00/hr 250.00
06/11/13 RSS Analysis of issues related to retrofit and issues on the same; follow up on matters related
to claim and strategy on the same.
1.00 385.00/hr 385.00
06/11/13 TJC Communications with counsel for SSE. Strategy related to retrofit and site visits and
observations by SSE and Creviston.
0.30 475.00 /hr 142.50
06/12/13 ATD Obtain current copy of docket and forward to Strawbridge.
0.25 205.00 /hr 51.25
06/12/13 BSS Receipt and analysis of Court's Order addressing Defendants' Emergency Motion to stop
rernediation, the CRC's Response and Objection thereto, along with the Motion for Leave
to Amend Complaint, wherein the Court denied Defendants' Emergency Motion.
Strategized regarding effects hereof along with Motion for Leave to Amend, which is
outstanding without a response from Defendants. Strategized regarding and corresponded
regarding scheduling of SSE's expert's review of the premises. Worked on preparing
expert discovery requests.
225 250.00/hr 562.50
06/12/13 RSS Analyze issues related to Spoliation Motion and Order by Judge Nation on the same; call
I
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CRML 00001 Page 5
Invoice#358044
to Shiel on matters related to the same; follow up on strategy and matters going forward.
1.50 385.00/hr 577.50
06/12/13 TJC Receipt and review of Court's Order denying SSE's motion for emergency relief on the
truss and bolt connections. Addressed issues of whether the Truss Connections need to
remain exposed to avoid a spoliation claim and the corresponding cost of doing so.
0.80 475.00/hr 380.00
06/13/13 BSS Correspondence to/from opposing counsel regarding inspection of Palladium with SSE's
expert, David Ruby & Assoc. Strategized regarding the CRC's Motion for Leave to
Amend Complaint.
0.25 250.00/hr 62.50
i
06113113 RSS Call with SSE counsel on matters related to Motion to Amend, Settlement and
Remediation issues; call with Shiel on the same; correspond with Les on Order Denying
Emergency Motion; analyze going forward matters.
1.75 385.00/hr 673.75
06/13/13 TJC Status and strategy on truss retrofit, amending complaint, Creviston being brought in as a
third party defendant and Ruby's site visit.
0.70 475.00/hr 332.50
06/14/13 RSS Call with LHB counsel on matters; analyze issues related to claims and matters on the
same; correspond with LHB on the same.
1.75 385.00/hr 673.75
06/14/13 TJC Addressed issues regarding likely trial date, what contingencies will affect the December
v. February v. potential later settings.
0.50 475.00/hr 237.50
06/17/13 BSS Correspondence and teleconferences regarding inspection of Palladium remediation by
LHB, SSE, and their experts. Strategized regarding discovery issues related to new
defects.
0.50 250.00/hr 125.00
06/17/13 RSS Analysis of issues related to strategy and moving forward on matters; follow up on the
same; call with Shiel on site visit matters; analysis of issues on the same; correspond with
SSE on matters related to the same.
1.75 385.00/hr 673.75
06/17/13 TJC Status and strategy regarding Ruby site visit, timing of court's decision on the amended
complaint and necessary discovery and general preparation for trial.
0.80 475.00/hr 380.00
06/18/13 BSS Correspondence and teleconferences regarding June 19 inspection. Strategized regarding
the same.
0.25 250.00 /hr 62.50
06/18/13 RSS Analysis of issues related to potential settlement and matters going forward; follow up on
CRML 00001 Page 6
Invoice#358044
issues related to the same.
1.50 385.00/hr 577.50
06/19/13 BSS Prepared for, traveled to, and took part in two inspections of Palladium remediation of
truss defects with SSE's counsel and expert as well as, separately, with LHB's counsel and
representative. Strategized regarding developments regarding remediation. Strategized
regarding trial schedule and judge's health.
3.00 250.00/hr 750.00
06/19/13 RSS Calls with Mike Anderson related to truss retrofit review by SSE and LHB; correspond
with SSE related to Truss Retrofit drawings and review; correspond with Bob Hoffman
related to Truss Retrofit drawings and review; analyze issues related to the same.
1.75 385.00/hr 673.75
06/19/13 TJC Reviewed RFIs related to retrofit of trusses. Communications with counsel for SSE and
LHB. Strategy regarding discovery.
0.70 475.00/hr 332.50
06/20/13 RSS Call with Mike Anderson truss retrofit matters; analyze issues related to the same; call
with Les Olds on matters; analyze issues going forward.
1.25 385.00 /hr 481.25
06/25/13 BSS Worked on drafting correspondence to opposing counsel regarding remediation issues and
closing of areas to visualize remediation. Strategized regarding the same.
0.25 250.00/hr 62.50
06/25/13 TJC Addressed issues related to closure of remediation and retrofits.
0.40 475.00/hr 190.00
06/26/13 RSS Analysis of issues related to matters involving remediation and Motion to Amend; call to
SSE counsel on matters related to the same; call to LHB counsel on matters related to the
same;follow up on issues related to matters settlement.
1.00 385.00 /hr 385.00
06/27/13 BSS Strategized regarding and worked on drafting correspondence to counsel for SSE and
LHB with regard to remediation issues. Strategized regarding termination and completion
of remediation work.
0.25 250.00/hr 62.50
06/27/13 RSS Analysis of matters related to remediation; correspond with SSE and LHB on the same;
follow up on the same.
0.75 385.00 /hr 288.75
06128/13 BSS Correspondence and strategized regarding closure of remediated areas post remediation
and coordinating with opposing counsel to confer their assent to the same in order to
prevent subsequent claims of spoliation; drafted correspondence regarding these issues.
Strategized regarding and worked on preparing expert discovery requests to be
propounded to Ruby & Assoc.; Inc.
0.50 250.00 /hr 125.00
ISM WIN
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Invoice#358044
06/28/13 RSS Follow up on retrofit and remediation matters; analyze the same; call with Mike Anderson
on matters related to the same.
0.50 385.00/hr 192.50
Total Fees for this Matter: 95.15 $ 32,176.25
TJC Costakis, Thomas J. 17.00 hrs 475.00/hr 8,075.00
ATD Deibert, Andrew T. 0.25 hrs 205.00/hr 51.25
RSS Schein, Robert S. 43.00 hrs 385.00/hr 16,555.00
AJS Shanehsaz, Abe J. 4.50 hrs 0.00/hr 0.00
GTS Smith, Gary T. 1.40 hrs 175.00/hr 245.00
BSS Strawbridge, Bryan S. 29.00 hrs 250.00/hr 7,250.00
Total: 95.15 hrs $ 32,176.25
Color Copies 20.00
Federal Express 27.30
Photocopies 91.00
05/07/13 Computerized Research - Westlaw 202.73
05/28/13 Computerized Research - Westlaw 356.11
06/10/13 Computerized Research - Westlaw 32.80
06/14/13 VENDOR: Joseph Beutel; INVOICE#: EX061413; DATE: 14.24
6/10/2013 - Hamilton County Courthouse - Filing
Total Disbursements for this Matter: $ 744.18
TOTAL FEES: $ 32,176.25
TOTAL DISBURSEMENTS: $ 744.18
TOTAL CHARGES FOR THIS BILL: $ 32,920.43
This invoice is due upon receipt.
Please make checks payable to Krieg DeVault LLP and reference the invoice number.
Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No.201(Rev.1995)
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
Kr�e9 pP Nif Purchase Order No.
Terms
Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoices) or bill(s))
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Total 37
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.
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ON ACCOUNT OF APPROPRIATION FOR
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PO#or INVOICE NO. ACCT#!TITLE AMOUNT
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3 00-7 bill(s) is (are) true and correct and that the
3
520 32,112 ON materials or services itemized thereon for
which charge is made were ordered and
received except
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claim paid motor vehicle highway fund