Item W2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
November 20,2002
Division:
County Attorney
AGENDA ITEM WORDING:
Discussion and authorization for payment of invoice from Ferencik Libanoff Brandt &
Bustamante in the amount of $46,044.05 for September, 2002, for the defense of the
County in the lawsuit of Lodge Construction v. Monroe County.
ITEM BACKGROUND:
This law firm, specializing in construction litigation, represents Monroe County in
several disputes related to County construction projects. This lawsuit was brought by
the County's initial contractor on the Gato Bldg. renovation; Lodge abandoned the job
and then sued.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT I AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Authorize payment. (Discussion needed as to cost implications of construction
disputes. )
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes 0 No 0
APPROVED BY:
County Attorney. OMS/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included 0
To Follow 0
Not Required 0
AGENDA ITEM #
W,L
FERENCIK LIBANOFF BRANDT & BUSTAMANTE P.A.
Attorneys at Law
Federal Tax I.D. #65-0193780
150 South Pine Island Road
Suite #400
Fort Lauderdale, Florida 33324
Dade (305) 949-8003
Broward (954) 474-8080
)Ii) JE ~ l}; ]I \f m: ~
~\\ NOV 0 6 2002 ~
MONROE COUNTY
C/O JAMES HENDRICK, COUNTY ATTORNEY
PO BOX 1026
KEY WEST FL 33041-1026
Page: 1
10/08/02
MATTER NO: 864-0002M
STATEMENT NO: 30
ATTN: JIM HENDRICK
LODGE CONSTRUCTION
PREVIOUS BALANCE
09/02/02
JER PREPARE FOR DEPOSITION OF PAUL PATTERSON: REVIEW
DOCUMENTS AND TELEPHONE CONFERENCE WITH PAUL
PATTERSON REGARDING SAME AND DEPOSITION.
09/03/02
JER TWO TELEPHONE CONFERENCES WITH PAUL PATTERSON
REGARDING HIS DEPOSITION.
JER ATTEND DEPOSITION OF PAUL PATTERSON IN KEY WEST
ILL RECEIPT/REVIEW LODGE'S THIRD REQUEST FOR
PRODUCTION OF DOCUMENTS TO COUNTY AND COPY OF
THIRD REQUEST TO BENDER
09/04/02
HGS RESEARCHED AND ANALYZED CASE LAW REGARDING
ATTORNEY'S FEES AS COSTS OR DAMAGES AND THE
ABILITY TO CLAIM SAME AS DAMAGES.
HGS REVIEWED CLIENT FILE AND DEPOSITION OF MIKE DUNN
IN ORDER TO RESEARCH DAMAGE ISSUES RELATING TO
OFFICER'S SALARIES.
HGS BEGAN RESEARCHING AND ANALYZING CASE LAW
REGARDING CORPORATE OFFICER'S SALARY AS PROPER
ITEM IN CLAIM FOR DAMAGES DUE TO BREACH OF
CONTRACT.
ILL RECEIPT/REVIEW LTR FROM ATTY WOODSON WITH
PROPOSED AGREED ORDER ON CONTINUANCE AND RE
SPECIAL SETTING
09/05/02
AVP CONFERENCE WITH JANET RITENBAUGH RE: FILING OF
TRIAL EXHIBIT LIST; DISCUSS DOCUMENTS TO BE USED
AS TRIAL EXHIBITS
$31,221.99
HOURS
3.00
585.00
.50 97.50
8.00 1,560.00
.20 45.00
1.30 182.00
.70 98.00
1. 70 238.00
.20 45.00
.40
30.00
Page; 2
10/08/02
MATTER NO: 864-0002M
STATEMENT NO: 30
MONROE COUNTY
LODGE CONSTRUCTION
SDK REVIEW eONTRACT, GENERAL CONDITIONS, PART OF
DAMAGES EXHIBIT, ETC. RE: PREPARATION OF MOTION
FOR SUMMARY JUDGMENT
SDK REVIEW PLEADINGS AND DISCOVERY RESPONSES;
RESEARCH ON CONSEQUENTIAL DAMAGES
JER FACTS INVESTIGATION: COMMENCE REVIEW OF
DOCUMENTATION IN PREPARATION OF EXHIBIT LIST.
ILL RECEIPT/REVIEW NOTICE OF DEPOSITION OF ANDREW
MORRISON AT PRESERVATION SERVICES
09/06/02
SDK ALL-STATES RESEARCH ON CONSEQUENTIAL DAMAGES
SDK RESEARCH ON DAMAGES, AND REVIEW DEPOSITION
TRANSCRIPT OF MICHAEL DUNN
09/09/02
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT _
REVIEW DEPOSITION TRANSCRIPT OF STEVEN PIAZZA TO
CONFIRM THAT WE ARE IN RECEIPT OF ALL DEPOSITION
EXHIBITS; eROSS-REFERENeE WITH OUR INDEX OF
EXHIBITS IN ANTICIPATION OF PREPARING DEFENDANT'S
TRIAL EXHIBIT LIST
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT _
REVIEW STEPHANIE eOFFER'S DEPOSITION TRANseRIPT
TO CONFIRM THAT WE ARE IN RECEIPT OF ALL EXHIBITS
MARKED AT HER DEPOSITION; CROSS-REFERENCE WITH
OUR INDEX OF EXHIBITS IN ANTICIPATION OF
PREPARING DEFENDANT'S TRIAL EXHIBIT LIST
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT _
PREPARE INDEX OF EXHIBITS MARKED BY THE PLAINTIFF
AT THE DEPOSITION OF STEPHANIE COFFER TO BE USED
IN PREPARING DEFENDANT'S TRIAL EXHIBIT LIST
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT _
REVIEW DEPOSITION TRANSCRIPT OF WILLIAM ROWAN TO
CONFIRM THAT WE ARE IN RECEIPT OF ALL EXHIBITS
MARKED AT HIS DEPOSITION
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT _
PREPARE INDEX OF EXHIBITS MARKED AT THE
DEPOSITION OF WILLIAM ROWAN IN ANTICIPATION OF
DRAFTING DEFENDANT'S TRIAL EXHIBIT LIST
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT _
REVIEW DEPOSITION TRANSCRIPT OF DANIEL GERDES TO
CONFIRM THAT WE ARE IN RECEIPT OF ALL DEPOSITION
EXHIBITS; CROSS-REFERENCE WITH OUR INDEX OF
EXHIBITS FOR PURPOSES OF REFERRING TO SAME WHEN
PREPARING DEFENDANT'S TRIAL EXHIBIT LIST
HOURS
1.40
2.80
2.50
.10
3.20
2.00
1.30
1.00
.40
.30
.20
.70
245.00
490.00
487.50
22.50
560.00
350.00
97.50
75.00
30.00
22.50
15.00
52.50
"MONROE COUNTY
Page: 3
10/08/02
MATTER NO: 864-0002M
STATEMENT NO: 30
LODGE CONSTRUCTION
HOURS
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT -
REVIEW MIKE DUNN'S DEPOSITION TRANSCRIPT
(11/5/01) TO CONFIRM THAT WE ARE IN RECEIPT OF
ALL DEPOSITION EXHIBITS; CROSS-REFERENCE WITH OUR
INDEX OF EXHIBITS IN ANTICIPATION OF REFERENCING
SAME TO PREPARE DEFENDANT'S TRIAL EXHIBIT LIST .50
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT -
REVIEW DEPOSITION TRANSCRIPT OF MIKE DUNN
(7/11/02) TO CONFIRM THAT WE ARE IN RECEIPT OF
ALL EXHIBITS MARKED AT HIS DEPOSITION;
CROSS-REFERENCE WITH OUR INDEX OF EXHIBITS IN
ANTICIPATION OF USING SAME TO ASSIST IN PREPARING
DEFENDANT'S TRIAL EXHIBIT LIST 1.00
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT -
PREPARE INDEX OF THE EXHIBITS MARKED AT THE
DEPOSITION OF MICHAEL DUNN (7/11/02) FOR USE IN
PREPARING DEFENDANT'S TRIAL EXHIBIT LIST 070
JER FAeTS INVESTIGATION: REVIEW AND OUTLINED ALL OF
LODGE'S DAILY REPORTS FOR ANALYSIS TO BE
PERFORMED BY BARRY BROWER IN eONNECTION WITH
EXPERT TESTIMONY. 5.00
SDK RESEARCH ON DAMAGES; TELEPHONE CONFERENCE WITH
JANET RITENBAUGH RE: SAME 1,30
SDK COMMENCE PREPARATION OF MOTION FOR SUMMARY
JUDGMENT 1,00
ILL RECEIPT/REVIEW EXECUTED STIPULATION RE MOTION FOR
CONTINUANCE .20
09/10/02
AVP PREPARE FOR DEPO OF ANDREW MORRISON
(PRESERVATION, INC.)- EXAMINATION OF PREVIOUSLY
MARKED DEPOSITION EXHIBITS FOR PURPOSES OF
SELECTING SAME FOR JANET RITENBAUGH'S USE AT
MORRISON'S DEPOSITION 1.80
AVP PREPARE FOR DEPO OF ANDREW MORRISON
(PRESERVATION, INC.) - EXAMINE DOCUMENTS PRODUCED
BY LODGE AND BY MONROE COUNTY FOR PURPOSES OF
IDENTIFYING ALL DOCUMENTS WHIeH REFERENCE
PRESERVATION, INC.; SELECT SAME FOR JANET
RITENBAUGH'S USE AT MORRISON'S DEPOSITION 2.50
JER FACTS INVESTIGATION: REVIEW AND ANALYZED LODGE'S
JOB COST BILLING REPORT, CONTRACT AND BUDGET
REPORT AND DAMAGE SUMMARY IN PREPARATION FOR
MEETING WITH BARRY BROWER REGARDING EXPERT
TESTIMONY AND TO PREPARE FOR MOTIONS FOR SUMMARY
JUDGMENT AND MOTION IN LIMINE. 2.00
37.50
75.00
52.50
975.00
227.50
175.00
45.00
135.00
187.50
390.00
LODGE CONSTRUCTION
Page: 4
10/08i02
MATTER NO: 864-0002M
STATEMENT NO: 30
'MONROE COUNTY
JER LEGAL RESEARCH CONCERNING ISSUES (INCLUDING
ANTIeIPATORY BREACH OF CONTRACT BY LODGE FOR
MOTION FOR SUMMARY JUDGMENT AND TRIAL. 2.00 390.00
SDK RESEARCH AND PREPARATION OF MOTION FOR SUMMARY
JUDGMENT 1.30 227.50
SDK RESEARCH ON ENFORCEABILITY OF DAMAGES LIMITATIONS 1.50 262.50
SDK DRAFT AND PREPARE MOTION FOR SUMMARY JUDGMENT;
REVIEW CONTRACTS, GENERAL CONDITIONS, REVIEW
RESEARCH, ETC. 2.30 402.50
HOURS
09/11/02
HGS RESEARCHED CASE LAW REGARDING EXPERT WITNESS FEES
NOT COMPENSABLE AS DAMAGES, COSTS WHICH eANNOT BE
SUBMITTED TO THE JURY. .70 98.00
HGS BEGAN RESEARCHING AND ANALYZING CASE LAW
REGARDING WRONGFUL TERMINATION, ABANDONMENT,
DELAYS, AND THE BURDEN OF PROOF REGARDING
WRONGFUL TERMINATION. 3.70 518.00
AVP (E114) - EXPERT WITNESS - PREPARE DOCUMENTS FOR
JANET RITENBAUGH'S MEETING WITH MONROE COUNTY'S
EXPERT, JOE MASULLO .50 37.50
JER TELEPHONE CONFERENCE WITH JOHN ORAMAS REGARDING
TESTIMONY OF BARRY BROWER AND DEPOSITION OF ANDY
MORRISON. .50 97.50
JER CONFERENCE: MEETING WITH BARRY BROWER REGARDING
EXPERT TESTIMONY ON DELAYS AND LODGE'S CLAIMED
DAMAGES. 3.00 585.00
JER TELEPHONE CONFERENCE WITH ANDY MORRISON REGARDING
DEPOSITION ON 9/12/02. .40 78.00
JER REVIEW OF DOCUMENTS IN PREPARATION FOR DEPOSITION
OF ANDY MORRISON, PRESERVATION SERVICES, INC. 1.00 195.00
SDK DRAFT AND PREPARE MOTION FOR SUMMARY JUDGMENT AND
REVIEW MATERIALS .70 122.50
SDK REVIEW DEPOSITION SUMMARY, PLEADINGS, DAMAGES
EXHIBIT, CONTRACT, GENERAL AND SUPPLEMENTAL
CONDITIONS, RESEARCH ETC., FOR PREPARATION OF
MOTION FOR SUMMARY JUDGMENT 2.00 350.00
09/12/02
HGS eONTINUED RESEARCHING AND ANALYZING FLORIDA CASE
LAW REGARDING WRONGFUL TERMINATION OF A
CONSTRUCTION CONTRACT, ABANDONMENT, DELAYS, AND
THE BURDEN OF PROOF REGARDING WRONGFUL
TERMINATION. 1.40 196.00
JER ATTEND DEPOSITION OF ANDY MORRISON, PRESERVATION
SERVICES, INC., IN TAMPA, FLORIDA. 8.00 1,560.00
MONROE COUNTY
Page: 5
10/08/02
MATTER NO: 864-0002M
STATEMENT NO: 30
LODGE CONSTRUCTION
HOURS
SDK RESEARCH ON DAMAGES AND REVISIONS TO MOTION FOR
SUMMARY JUDGMENT AND MEMORANDUM OF LAW 2.50
SDK REVIEW DEPOSITION TRANSCRIPT OF MICHAEL DUNN,
DATED AUGUST, 2002 2.00
09/13/02
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT -
REVIEW VIDEO TAPES OF THE CONSTRUCTION SITE
PROVIDED BY LODGE CONSTRUCTION IN ANTICIPATION OF
PREPARING A MOTION IN LIMINE WITH REGARD TO SAME 2.00
AVP TELEPHONE CONFERENCE WITH CHERYL AT MONROE COUNTY
RE: WHETHER MONROE COUNTY IS IN POSSESSION OF
VIDEO TAPES OF THE CONSTRUCTION SITE THAT MAY.
HAVE BEEN MADE BY MONROE COUNTY .20
AVP DRAFT AND PREPARE MONROE COUNTY'S MOTION IN
LIMINE WITH REGARD TO THE VIDEO TAPES OF THE
CONSTRUCTION SITE PRODUCED BY LODGE 2.00
AVP (A101) - PLAN AND PREPARE FOR FILING MONROE
COUNTY'S MOTION FOR SUMMARY JUDGEMENT; SELECTION
AND PREPARATION OF EXHIBITS TO BE FILED IN
SUPPORT OF MONROE COUNTY'S MOTION FOR SUMMARY
JUDGMENT 3.00
HGS RESEARCHED AND ANALYZED CASE LAW REGARDING
ABANDONMENT BY CONTRACTOR BEING A MATERIAL BREACH
WHEN THERE IS A DISPUTE RESOLUTION PROVISION IN
CONTRACT AND DISPUTE RESOLUTION PROCESS HAS NOT
TAKEN PLACE. 1.30
JER REVIEW PORTIONS OF VIDEOS PRODUCED BY LODGE TO
DETERMINE IF MOTION IN LIMINE IS REQUIRED. .50
JER REVIEWED DoeUMENTS AND EXHIBITS IN CONNECTION
WITH AN IN SUPPORT OF MONROE COUNTY'S MOTION FOR
SUMMARY JUDGMENT AND MOTIONS IN LIMINE; PREPARE
NOTICES OF FILING SAME. 1.50
ILL CONFERENCE WITH ASSOCIATE AND PARALEGAL RE REVIEW
VIDEOTAPE PRODUCED BY LODGE; CONFERENCE WITH
ASSOCIATE RE PRETRIAL MOTIONS RE MOTIONS IN
LIMINE AND MOTION FOR PARTIAL SUMMARY JUDGMENT;
REVIEW DRAFT OF PRETRIAL MOTIONS 1.50
SDK DRAFT AND PREPARE ADDITIONAL ARGUMENT FOR SUMMARY
JUDGMENT, BASED ON ABANDONMENT WITHOUT RESOLUTION
OF CLAIMS AND DISPUTES UNDER DISPUTE RESOLUTION
CLAUSES OF CONTRACT 4.80
09/15/02
JER DRAFT MOTION IN LIMINE PREVENTING TESTIMONY AND
EVIDENCE REGARDING DEFECTS, OR DEFICIENCES
437.50
350.00
150.00
15.00
150.00
225.00
182.00
97.50
292.50
337.50
840.00
MONROE COUNTY
P~ge: 6
10/08i02
MATTER NO: 864-0002M
STATEMENT NO: 30
LODGE CONSTRUCTION
HOURS
CONCERNING WINDOW DESIGN, INSTALLATION, ETC. 2.00 390.00
JER REVIEW AND DRAFT MOTION FOR SUMMARY JUDGMENT ON
THE ISSUE OF TERMINATION, AND WITH RESPEeT TO
CERTAIN LODGE'S CLAIMS FOR DAMAGES. 6.00 1,170.00
SDK DRAFT AND PREPARE ADDITIONAL ARGUMENT ON DISPUTE
RESOLUTION; REVIEW eOUNTERCLAIM; READ RESEAReH
PERFORMED BY HUDSON SAMSON; ADDITIONAL RESEARCH
ON DISPUTE RESOLUTION eLAUSES; BRIEF TELEPHONE
CONFERENCES WITH JANET RITENBAUGH 5.00 875.00
09/16/02
HGS TELEPHONE CONFERENCE WITH JANET RITENBAUGH
REGARDING MONROE'S MOTION FOR EXTENSION OF TIME
TO FILE PRE-TRIAL MOTIONS AND MOTION FOR SUMMARY
JUDGMENT. .40 56.00
HGS DRAFTED AND PREPARED MONROE'S MOTION FOR
EXTENSION OF TIME TO FILE PRE-TRIAL MOTIONS. .60 84.00
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT _
PREPARE REVISIONS TO PLAINTIFF'S MOTION IN LIMINE
PRECLUDING INTRODUCTION OF EVIDENCE CONCERNING
WINDOW DEFEeTS 1.40 105.00
SDK REVIEW MOTION, MAKE REVISIONS, CHECK CERTAIN
AUTHORITY CITED 1.30 227.50
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT _
PREPARE REVISIONS TO PLAINTIFF'S MOTION IN LIMINE
LIMITING USE OF VIDEOTAPES .20 15.00
SDK CHECK CONTRACT RE: ATTORNEYS FEES PROVISIONS, FOR
PURPOSES OF PREPARING MOTION FOR SUMMARY JUDGMENT .20 35.00
AVP (A103) - DRAFT / REVISE - PREPARE REVISIONS TO
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AS TO THE
COMPLAINT AND COUNTERCLAIM AND/OR MOTION IN
LIMINE 4.20 315.00
AVP TELEPHONE eONFERENeE WITH MONROE COUNTY CLERK OF
THE COURT RE: FAXING MOTIONS TO JUDGE PAYNE .20 15.00
AVP DRAFT AND PREPARE FACSIMILE TO PAUL WOODSON
ENCLOSING PLAINTIFF'S PRE-TRIAL MOTIONS .20 15.00
AVP DRAFT AND PREPARE FACSIMILE TO ERIN LARABEE
ENeLOSING PLAINTIFF'S PRE-TRIAL MOTIONS .20 15.00
AVP DRAFT AND PREPARE FACSIMILE TO JOHN ORAMUS
ENCLOSING PLAINTIFF'S PRE-TRIAL MOTIONS .20 15.00
AVP DRAFT AND PREPARE FAeSIMILE TO MONROE COUNTY
CLERK OF THE COURT ENCLOSING PLAINTIFF'S
PRE-TRIAL MOTIONS .20 15.00
JER DRAFT AND PREPARE COMPLETION OF MOTION FOR
SUMMARY JUDGMENT, & MOTIONS IN LIMINE 5.00 975.00
MONROE COUNTY
Page: 7
10/08/02
MATTER NO: 864-0002M
STATEMENT NO: 30
LODGE eONSTRUCTION
09/17/02
LS (A110) - MANAGE DATA / FILES; PROCESSING PHOTOS
FROM DISK PRODUCED BY FLORIDA ELECTRIC RE
ELECTRIeAL WORK IN PROGRESS AND BURNING eoPY ON
CD
AVP TELEPHONE CONFERENCE WITH REPRESENTATIVE FROM
IKON COPY SERVICE TO MAKE ARRANGEMENTS FOR THEM
TO COPY ALL DOCUMENTS PRODUCED BY ANDREW MORRISON
(PRESERVATION SERVICES) AT HIS DEPOSITION IN
TAMPA, FL
AVP TELEPHONE CONFERENCE WITH COURT REPORTER FROM
ESQUIRE DEPOSITION SERVICES RE: STATUS OF THE
DEPOSITION EXHIBITS TO THE DEPOSITION OF ANDREW
MORRISON (PRESERVATION SERVICES)
AVP (L140) - DOCUMENT / FILE MANAGEMENT - REVIEW
DOCUMENTS MARKED AS EXHIBITS AT THE DEPOSITION OF
HENRY HEALEY; BEGIN DETAILED INDEX OF THESE
EXHIBITS (MS ACCESS INDEX) FOR USE AT THE
UPCOMING TRIAL IN THIS MATTER
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT -
BEGIN PREPARATION OF DETAILED INDEX OF THE
DOCUMENTS REVIEWED/SELECTED BY JANET RITENBAUGH
(DOCUMENTS PRODUCED BY LODGE) FOR USE AS TRIAL
EXHIBITS
ILL RECEIPT/REVIEW BENDER'S JOINDER IN MOTION FOR
CONTINUANCE
JER REVIEW LETTER FROM PAUL WOODSON, ESQ., DRAFT AND
PREPARE RESPONSE & LETTER TO JUDGE PAYNE RE:
JOINT MOTION TO CONTINUE
09/18/02
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT -
CONTINUE PREPARATION OF DETAILED INDEX (MS ACCESS
INDEX) OF THE DOCUMENTS REVIEWED/SELECTED BY
JANET RITENBAUGH (DOCUMENTS PRODueED BY LODGE)
FOR USE AS TRIAL EXHIBITS
JER DRAFT AND PREPARE SUBPOENA DUCES TECUM TO E.G.
BRASWELL RE: CONCRETE SUBCONTRACTOR DOCUMENTS
JER FACTS INVESTIGATION : REVIEWED & ANNOTATED PAUL
PATTERSON'S INSPECTION NOTEBOOKS REGARDING THE
GATO PROJECT
09/19/02
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT -
eOMPLETE PREPARATION OF DETAILED INDEX (MS ACCESS
INDEX) OF THE DoeUMENTS REVIEWED/SELECTED BY
HOURS
1.50
112.50
.30
22.50
.20
15.00
2.00
150.00
2.60
195.00
.10
22.50
.50
97.50
8.70
652.50
.30
58.50
2.00
390.00
MONROE COUNTY
P,age: 8
10/08i02
MATTER NO: 864-0002M
STATEMENT NO: 30
LODGE CONSTRUCTION
JANET RITENBAUGH (DOCUMENTS PRODUCED BY LODGE)
FOR USE AS PLAINTIFF'S TRIAL EXHIBITS
HOURS
7.00
525.00
09/20/02
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT _
BEGIN PREPARATION OF DETAILED INDEX OF THE
DOCUMENTS REVIEWED/SELECTED BY JANET RITENBAUGH
(DOCUMENTS PROVIDED BY MONROE COUNTY) FOR USE AS
TRIAL EXHIBITS AT THE UPCOMING TRIAL 7.00 525.00
09/23/02
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT _
CONTINUE PREPARATION OF DETAILED INDEX (MS AeCESS
INDEX) OF THE DOCUMENTS REVIEWED/SELECTED BY
JANET RITENBAUGH (DOCUMENTS PRODUCED BY MONROE
COUNTY) FOR USE AS PLAINTIFF'S TRIAL EXHIBITS 6.00 450.00
JER REVIEW MONROE COUNTY'S DOCUMENTS FOR TRIAL
EXHIBITS, DOCUMENTS FOR EXPERTS AND COMPLETION OF
DEPOSITIONS. 4.00 780.00
09/24/02
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT _
CONTINUE PREPARATION OF DETAILED INDEX (MS AceESS
INDEX] OF THE DOCUMENTS REVIEWED/SELECTED BY
JANET RITENBAUGH (DOCUMENTS PROVIDED BY MONROE
COUNTY) FOR USE AS TRIAL EXHIBITS 7.00 525.00
JER DRAFT AND PREPARE LETTER TO PAUL WOODSON, ESQ. &
JOHN ORAMAS, ESQ. RE: DOCUMENTS PRODUCED BY E.G.
BRASWELL .20 39.00
JER FACTS INVESTIGATION : REVIEWED DOCUMENTS PRODUCED
BY E.G. BRASWELL FOR TRIAL EXHIBITS 1.50 292.50
JER REVIEW BENDER AND ASSOCIATES DOCUMENTS FOR TRIAL
EXHIBITS, DOCUMENTS FOR EXPERTS AND COMPLETION OF
DEPOSITIONS. 6.50 1,267.50
09/25/02
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT _
eOMPLETE PREPARATION OF DETAILED INDEX OF THE
DOCUMENTS REVIEWED/SELECTED BY JANET RITENBAUGH
(DOCUMENTS PROVIDED BY MONROE COUNTY) FOR USE AS
TRIAL EXHIBITS 7.10 532.50
JER DRAFT AND PREPARE LETTER TO GARY'S PLUMBING RE:
FAILURE TO COMPLY WITH SUBPOENA DUCES TECUM .30 58.50
JER REVIEW LODGE'S DOeUMENTS (SUBCONTRACTOR FILES)
FOR TRIAL EXHIBITS, DOCUMENTS FOR EXPERTS AND
COMPLETION OF DEPOSITIONS. 6.00 1,170.00
MONROE COUNTY
Page: 9
10/08/02
MATTER NO: 864-0002M
STATEMENT NO: 30
LODGE CONSTRUCTION
09/26/02
HGS RESEARCHED AND ANALYZED CASE LAW REGARDING
ADMISSIBILITY OF EXPERT REPORTS, CHARTS, AND
OTHER FORMS OF DEMONSTRATIVE EVIDENCE.
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT -
BEGIN PREPARATION OF DETAILED INDEX OF THE
DOCUMENTS REVIEWED/SELECTED BY JANET RITENBAUGH
(DOCUMENTS PRODueED BY BENDER & ASSOCIATES) FOR
USE AS TRIAL EXHIBITS AT THE UPCOMING TRIAL IN
THIS MATTER
ILL TELEPHONE CONFERENCE WITH ATTY WOODSON RE ISSUES
RE PRETRIAL STIPULATION AND DIRECTIONS FROM
SPECIAL MASTER AND OTHER TRIAL ISSUES;
RECEIPT/REVIEW DRAFT OF PRETRIAL STIPULATION AND
RECEIPT/REVIEW COMMENTS FROM ATTY WOODSON WITH
DRAFT OF JOINT MOTION FOR SENIOR JUDGE
JER DRAFT AND PREPARE PRETRIAL STATEMENT IN
eOMPLIANCE WITH COURT'S ORDER
JER DRAFT AND PREPARE REVISIONS TO JOINT MOTION TO
SET eASE BEFORE SPECIAL MASTER
JER TELEPHONE CONFERENCE WITH PAUL WOODSON, ESQ. RE:
PRETRIAL PREPARATION & JOINT MOTION TO SPECIAL
SET TRIAL
JER TELEPHONE eONFERENCE WITH JOHN ORAMAS, ESQ. RE:
PRETRIAL STATEMENT
09/27/02
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT -
PREPARE DETAILED INDEX OF THE DOCUMENTS
REVIEWED/SELECTED BY JANET RITENBAUGH (DOCUMENTS
USED AS DEPOSITION EXHIBITS) FOR USE AS TRIAL
EXHIBITS
JER TRIAL PREPARATION: CONTINUED TO REVIEW ALL
DOCUMENTS FOR SELECTION OF TRIAL EXHIBITS
JER REVIEW LODGE'S CHANGES TO PROPOSED JOINT PRETRIAL
STIPULATION AND DRAFT LETTER TO PAUL WOODSON,
ESQ., REGARDING SAME.
09/28/02
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT -
PREPARE DOCUMENTS TO BE USED AS MONROE COUNTY'S
TRIAL EXHIBITS; CONFIRM THAT DOCUMENTS ARE IN
CHRONOLOGICAL ORDER IN ANTICIPATION OF MARKING
SAME [IN PREPARATION FOR EXCHANGING EXHIBITS WITH
OPPOSING COUNSEL AND co-eOUNSEL)
ILL eONFERENCE WITH ASSOCIATE AND PARALEGAL RE
HOURS
1.30 182.00
7.40 555.00
1.00 225.00
6.00 1,170.00
.50 97.50
.30 58.50
.20 39.00
7.00 525.00
8.00 1,560.00
.40 78.00
5.50 412.50
Page: 10
10/08/02
MATTER NO: 864-0002M
STATEMENT NO: 30
MONROE COUNTY
LODGE CONSTRUCTION
PREPARATION OF EXHIBITS FOR TRIAL AND PRE-TRIAL
STIPULATION; TRIAL/HEARING PREPARATION - REVIEW
MOTIONS IN LIMINE AND MOTION FOR PARTIAL SUMMARY
JUDGMENT IN PREPARATION FOR PRE-TRIAL CONFERENCE
AND DOCKET eALL
JER CONTINUE TO REVIEW DoeUMENTS FOR TRIAL EXHIBIT
LIST, PREPARATION FOR TRIAL.
09/29/02
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT _
PREPARE DRAFT OF PLAINTIFF'S EXHIBITS LIST FOR
JANET RITENBAUGH'S REVIEW PRIOR
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT _
REVISE PLAINTIFF'S TRIAL EXHIBIT LIST AS PER
JANET RITENBAUGH
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT _
BEGIN MARKING EAeH TRIAL EXHIBIT IN ACCORDANCE
WITH PLAINTIFF'S TRIAL EXHIBIT LIST
JER TRIAL PREPARATION: PREPARE ANNOTATED WITNESS
LIST IN ACCORDANCE WITH COURT'S PRETRIAL ORDER
JER REVISE AND FINALIZE PRETRIAL STATEMENT
JER TRIAL PREPARATION: REVIEW DOCUMENTS FOR
COMPLETION OF EXHIBIT LIST
09/30/02
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT _
CONTINUE MARKING PLAINTIFF'S TRIAL EXHIBITS IN
ACCORDANCE WITH PLAINTIFF'S TRIAL EXHIBIT LIST
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT _
FINALIZE PLAINTIFF'S TRIAL EXHIBIT LIST FOR
FILING WITH THE COURT
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT _
PREPARE PLAINTIFF'S NOTICE OF FILING TRIAL
EXHIBIT LIST
AVP (L440) - OTHER TRIAL PREPARATION AND SUPPORT _
REVIEW EACH DOCUMENT MARKED AS PLAINTIFF'S TRIAL
EXHIBITS - CONFIRM COMPLETENESS OF EACH DOCUMENT;
INSERTION OF EACH MARKED EXHIBIT INTO ITS TRIAL
EXHIBIT FOLDER IN ANTICIPATION OF EXCHANGING
EXHIBITS WITH OPPOSING COUNSEL AND CO-COUNSEL
ILL DRAFT AND PREPARE - REVIEW AND FINALIZE
UNILATERAL PRE-TRIAL STIPULATION AND ANNOTATED
WITNESS LIST; T/C/W/ATTY WOODSON RE
EXCHANGE/REVIEW OF DOCUMENTS AND RE PRE-TRIAL
CONFERENCE; REVIEW AND PREPARATION FOR PRE-TRIAL
CONFERENCE
HOURS
2.50
4.00
1.00
2.00
4.50
.70
2.00
5.00
6.00
1.50
.50
6.50
1.00
562.50
780.00
75.00
150.00
337.50
136.50
390.00
975.00
450.00
112.50
37.50
487.50
225.00
MONROE COUNTY
Page: 11
10/08/02
MATTER NO: 864-0002M
STATEMENT NO: 30
LODGE CONSTRUCTION
ILL RECEIPT/REVIEW LODGE'S UNILATERAL PRE-TRIAL
STIPULATION AND RESPONSE TO MOTIONS IN LIMINE AND
MOTION FOR PARTIAL SUMMARY JUDGMENT
JER TELEPHONE CONFERENCE WITH PAUL WOODSON, ESQ. RE:
REVIEW OF EXHIBITS
JER TELEPHONE CONFERENCE WITH JOHN ORAMAS, ESQ. (X2)
RE: JOINT PRETRIAL STATEMENT & EXHIBIT LIST
JER CONFERENCE WITH JOHN ORAMAS, ESQ. RE: JOINT
PRETRIAL STATEMENT & PREPARED REVISIONS TO SAME
AT REQUEST OF JOHN ORAMAS ON BEHALF OF BENDER &
ASSOCIATES
JER TRIAL PREPARATION: REVIEW ALL MARKED TRIAL
EXHIBITS & VERIFY EXHIBIT LIST; COMPLETE SAME
FOR CURRENT SERVICES RENDERED
TIMEKEEPER
SUMMARY OF PROFESSIONAL TIME
HOURS HOURLY RATE
IRA L. LIBANOFF
HUDSON G. SAMSON
JANET E. RITTENBAUGH
SANDRA D. KENNEDY
ANNA V. PETERSON
LOUIS SPARANO
7.30
13.10
108.70
35.30
115.10
1. 50
$225.00
140.00
195.00
175.00
75.00
75.00
08/08/02 (E109; E110) - TRAVEL EXPENSE
08/30/02 (E107) - FEDERAL EXPRESS FROM BILL FREDERICK
08/30/02 (E124) - CHECK PAYABLE TO PIP PRINTING - INVOICE
#35794 - LITIGATION COPYING W/OVERSIZE COPIES
08/31/02 (E108) - POSTAGE
09/10/02 (E124) - CHECK PAYABLE TO VAUGHN, WUNSCH, MASULLO
ARCHITECTS FOR ARCHITECT SERVICES
09/13/02 (E107) - FEDERAL EXPRESS TO CLERK OF THE COURT
09/16/02 (El15; El16) - ESQUIRE DEPOSITION SERVICES -
INVOICE # 341045EFL
09/16/02 (El15; El16) - ESQUIRE DEPOSITION SERVICES -
INVOICE # 336268EFL
09/16/02 (El15; El16) - ESQUIRE DEPOSITION SERVICES -
INVOICE # 329513EFL
09/16/02 (E107) - FEDERAL EXPRESS TO CLERK, MONROE COUNTY
09/18/02 (E105) - TELEPHONE
09/18/02 (E101) - PHOTOCOPIES
09/18/02 (E101) - PHOTOCOPIES
HOURS
.50 112.50
.20 39.00
.40 78.00
.80 156.00
8.00 1,560.00
281.00 39,595.50
TOTAL
$1,642.50
1,834.00
21,196.50
6,177.50
8,632.50
112.50
400.25
25.53
533.33
14.54
400.00
23.37
901.70
345.00
854.75
14.85
4.82
88.20
1,509.60
MONROE COUNTY
Page: 3.2
10/08/02
MATTER NO: 864-0002M
STATEMENT NO: 30
LODGE CONSTRUCTION
09/18/02 (E115i E116) - ESQUIRE DEPOSITION SERVICES _
INVOICE # 342032EFL
09/18/02 (E108) - POSTAGE
09/18/02 (E107) - FEDERAL EXPRESS FROM IKON/TAMPA TO
IKON/FT.L
09/18/02 (E124) - CHECK PAYABLE TO ESQUIRE EXPRESS FOR
SERVICE ON RC/E.G. BRASWELL CONST.
09/18/02 (E109i El10) - TRAVEL EXPENSE
09/18/02 (E109i El10) - TRAVEL EXPENSE
09/25/02 (E101) - IKON OFFICE SOLUTIONS - INVOICE NUMBER
FTL034975
09/26/02 (E124) - CHECK PAYABLE TO COPYSCAN FOR MEDIUM
LITIGATION
09/26/02 (E124) - CHECK PAYABLE TO COPYSCAN FOR MEDIUM.
LITIGATION
09/30/02 (E124) - CHECK PAYABLE TO COPYSCAN FOR MEDIUM
LITIGATION/OVERSIZE
09/30/02 (E101) - COPYSCAN, INC. - INVOICE #54307 _
LITIGATION COPYING - OVERSIZE COPIES
09/30/02 (E101) - COPYSCAN, INC. - INVOICE #54308 _
LITIGATION COPYING - OVERSIZE COPIES
09/30/02 (E101) - COPYSCAN, INC. - INVOICE #54309 _
LITIGATION COPYING - OVERSIZE COPIES
09/30/02 (E101) - COPYSCAN, INC. - INVOICE #54310 _
LITIGATION COPYING - OVERSIZE COPIES
TOTAL EXPENSES (fit;p
TOTAL CURRENT WORK
09/09/02 THANK YOU FOR YOUR PAYMENT
09/09/02 THANK YOU FOR YOUR PAYMENT
09/09/02 THANK YOU FOR YOUR PAYMENT
09/09/02 THANK YOU FOR YOUR PAYMENT
09/09/02 THANK YOU FOR YOUR PAYMENT
09/09/02 THANK YOU FOR YOUR PAYMENT
09/09/02 THANK YOU FOR YOUR PAYMENT
TOTAL PAYMENTS
BALANCE DUE
0-30
PAST DUE AMOUNTS
61-90 91-120
121-180
31-60
127.16
33.00
29.91
218.00
279.11
324.04
176.81
35.62
63.77
8.95
12.08
12.08
6.04
6.04
6.,_4.~ 8 . 55
C6.04~~~'
--:340:89
-187.81
-342.42
-183.60
-2.92
-1,496.40
-14,295.25
-16,849.29
$60,416.75
---------
---------
181+
46,044.05 12,830.76 0.43 0.00 0.66 1,540.85
Please call the attorney responsible for your case should
have any questions concerning this statement.
...PAYMENT IS DUE BY THE 10th OF NEXT MONTH. RETURN YELLOW
COpy WITH REMITTANCE TO ENABLE CORRECT POSTING OF PAYMENT***