Item P12
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
January 21, 2004
Division: County Attorney
AGENDA ITEM WORDING:
Authorization for payment of invoice from Ferencik Libanoff Brandt Bustamante & Williams in the
amount of $151,868.90 for November, 2003, for representation the County in litigation against
Lodge Construction.
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 against Lodge
Construction, the initial contractor on the County's portion of the Gato Building after Lodge had
abandoned the job. Since the County prevailed in the litigation, these fees and costs should be
recoverable from Lodge and/or its surety.
Although the County prevailed at trial, both parties have filed some post trial motions. An appeal is
likely to follow upon resolution of those post trial motions.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Authorize payment.
TOTAL COST:
BUDGETE D: Yes 0
No 0
COST TO COUNTY:
APPROVED BY: County Attorney?
OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL~~ olbl.y
J.R.Collins
DOCUMENTATION:
Included 0
To Follow 0
Not Required 0
AGENDA ITEM #
fJ1-
FERENCIK LIBANOFF BRANDT BUSTAMANTE & WILLIAMS, 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
MONROE COUNTY
C/O JOHN R. COLLINS-COUNTY ATTORNEY
PO BOX 1026
KEY WEST FL 33041-1026
Page: 1
12/11/03
MATTER NO: 864-0002M
STATEMENT NO: 44
ATTN: JOHN R. COLLINS
LODGE CONSTRUCTION
PREVIOUS BALANCE
$60,388.55
11/01/03
AVP (L440) - TRIAL PREPARATION AND SUPPORT _ CONTINUE
PREPARATION OF TRIAL EXHIBITS - LABEL EXHIBITS
ACCORDING TO MONROE COUNTY'S TRIAL EXHIBIT LIST 1.00 75.00
AVP (L440) - TRIAL PREPARATION AND SUPPORT _ COMPILE
DOCUMENTS/MATERIALS FOR JOE MASULLO (MONROE
COUNTY'S EXPERT) DURING HIS MEETING WITH JANET
RITENBAUGH 1.50 112.50
ILL CONFERENCE WITH JOE MASSULO RE EXPERT TESTIMONY
AND TRIAL PREPARATION 4.00 900.00
JER CONFERENCE WITH JOE MASULLO RE: PREPARATION FOR
DEPOSITION & TRIAL 6.00 1,200.00
HOURS
11/03/03
HGS RESEARCHED CASE LAW REGARDING PRIOR BREACH
EXCUSING PERFORMANCE OF NON-BREACHING PARTY TO BE
USED IN JURY INSTRUCTIONS. .80 120.00
HGS CONTINUED PREPARATION OF JURY INSTRUCTIONS. 4.30 645.00
HGS RESEARCHED AND ANALYZED CASE LAW REGARDING
CONTRACTOR'S OBLIGATION TO COMPLY WITH CONTRACT
NOTICE PROVISIONS UNLESS, WAIVED. 1.20 180.00
LODGE CONSTRUCTION
Page: 2
12/11/03
MATTER NO: 864-0002M
STATEMENT NO: 44
MONROE COUNTY
HOURS
ILL TELEPHONE CONFERENCE WITH FRED SALINERO RE
PREPARATION FOR TESTIMONY; WITH ATTY KASHTAN RE
COUNTY'S SETTLEMENT DEMAND; WITH ATTY WOODSON RE
COUNTY'S SETTLEMENT DEMAND .50 112.50
ILL DRAFT AND PREPARE - BEGIN PREPARATION OF OPENING
STATEMENT .50 112.50
LJG REVIEW & OUTLINE DEPO OF DANIEL GERDES TAKEN ON
2/27/02 IN PREPARATION OF UPCOMING TRIAL. 3.50 262.50
LJG REVIEW & OUTLINE DEPO OF STEPHANIE COFFER TAKEN
ON 12/13/01 IN PREPARATION OF UPCOMING TRIAL. 3.50 262.50
AVP (L440) - TRIAL PREPARATION AND SUPPORT - COMPILE
DOCUMENTS TO BE PROVIDED TO MONROE COUNTY'S
EXPERTS (TO ASSIST THEM IN PREPARING TO TESTIFY
AT THE UPCOMING TRIAL) 2.00 150.00
AVP (L440) - TRIAL PREPARATION AND SUPPORT - CONTINUE
PREPARATION OF MONROE COUNTY'S TRIAL EXHIBITS
(CHECK DOCUMENTS FOR COMPLETENESS) 6.00 450.00
ADC TRIAL PREPARATION BY COMPILING TRIAL EXHIBITS
SELECTED BY JANET RITENBAUGH TO BE PROVIDED TO
STEVE PIAZZA 5.00 250.00
JER TRIAL/HEARING PREPARATION INCLUDING REVIEW OF
TRIAL EXHIBITS; PREPARE LETTER TO PAUL WOODSON
RE: REVIEW OF EXHIBITS 6.00 1,200.00
11/04/03
HGS TELEPHONE CONFERENCE WITH SANDRA KENNEDY
REGARDING CHANGES TO MONROE COUNTY'S PROPOSED
JURY INSTRUCTIONS. .50 75.00
HGS CONTINUED PREPARATION OF MONROE COUNTY'S JURY
INSTRUCTIONS. 4.80 720.00
HGS CONFERENCE WITH SANDRA KENNEDY REGARDING MONROE
COUNTY'S JURY INSTRUCTIONS. .70 105.00
LJG REVIEW & OUTLINE DEPO OF MIKE DUNN TAKEN ON
8/12/02 IN PREPARATION OF UPCOMING TRIAL. 5.00 375.00
LJG (E106) - WESTLAW RESEARCH; PULL CASES FOR JANET
RITENBAUGH'S REVIEW IN PREPARATION OF UPCOMING
TRIAL. .30 22.50
LJG (L140) - DOCUME~T / FILE MANAGEMENT; PREPARE AND
INDEX DEPOSITION BINDERS FOR JANET RITENBAUGH,
ESQ., IN PREPARATION OF UPCOMING TRIAL. .50 37.50
AVP (L440) - TRIAL PREPARATION AND SUPPORT - MEET
MONROE COUNTY
Page: 3
12/11/03
MATTER NO: 864-0002M
STATEMENT NO: 44
LODGE CONSTRUCTION
WITH LEGAL-EZE RE: TRIAL EXHIBITS TO USE AS
BLOW-UPS .20 15.00
AVP (L440) - TRIAL PREPARATION AND SUPPORT _ COMPILE
MATERIALS/PHOTOS DURING THE MEETING WITH
LEGAL-EZE TO PROVIDE TO THEM FOR BLOW-UPS .50 37.50
AVP (L440) - TRIAL PREPARATION AND SUPPORT _ CONTINUE
PREPARATION OF MONROE COUNTY'S TRIAL EXHIBITS
(CHECK FOR COMPLETENESS OF EACH DOCUMENT) 4.50 337.50
AVP (L440) - TRIAL PREPARATION AND SUPPORT _
PREPARATION OF JANET RITENBAUGH'S TRIAL BINDERS
(FIVE VOLUMES OF MONROE COUNTY'S TRIAL EXHIBITS
FOR HER USE IN PREPARING FOR THE TRIAL) 3.50 262.50
ADC TRIAL PREPARATION BY COMPILING TRIAL EXHIBITS FOR
EXPERTS SELECTED BY JANET RITENBAUGH TO BE
PROVIDED TO BARRY BROWER, JOE MASULLO AND FRED
SALINERO 2.00 100.00
ADC TRIAL PREPARATION - CONCLUDED COMPILING TRIAL
EXHIBITS SELECTED BY JANET RITENBAUGH TO BE
PROVIDED TO STEVE PIAZZA BY ORGANIZING INTO
BINDERS WITH DIVIDERS AND INDEXING 2.00 100.00
ADC TRIAL PREPARATION - COMPILED THE TRIAL EXHIBITS
SELECTED BY JANET RITENBAUGH TO BE PROVIDED TO
STEVE PIAZZA FOR JANET RITENBAUGH BY ORGANIZING
INTO BINDERS WITH DIVIDERS AND INDEXING .50 25.00
ADC TRIAL PREPARATION - COMPILING COPIES OF
DEPOSITION TRANSCRIPTS FOR JANET RITENBAUGH FOR
TRIAL PREPARATION 1.00 50.00
SDK REVIEW AND REVISE JURY INSTRUCTIONS AND
CONFERENCE WITH ASSOCIATE, RE: SAME 2.30 448.50
JER CONFERENCE WITH JOE MASULLO & BARRY BROWER RE:
PREPARATION FOR DEPOSITION & TRIAL; TRIAL
PREPARATION INCLUDING CONFERENCE WITH ANNA
PETERSON RE: TRIAL EXHIBITS 9.00 1,800.00
ILL CONFERENCE WITH EXPERT WITNESSES BARRY BROWER AND
JOE MASULLO FOR PREPARATION FOR DEPOSITIONS AND
TRIAL TESTIMONY 4.50 1,012.50
ILL RECEIPT/REVIEW NOTICE OF TAKING DEPOSITION OF
DANIEL TINNEY, aENDER'S EXPERT WITNESS .20 45.00
HOURS
l1/05/03
HGS CONTINUED PREPARATION OF MONROE COUNTY'S JURY
Page: 4
12/11/03
MATTER NO: 864-0002M
STATEMENT NO: 44
MONROE COUNTY
LODGE CONSTRUCTION
INSTRUCTIONS.
HGS REVIEW OF SEPTEMBER 12, 2003 VIDEOTAPE OF GATO
BUILDING IN ORDER TO PREPARE MOTION IN LIMINE
EXCLUDING SAME.
HGS RESEARCHED AND ANALYZED CASE LAW REGARDING
EXCLUSION OF VIDEO TAPE, ESPECIALLY AUDIO
PORTION, DUE TO IRRELEVANCE, HEARSAY, EX-PARTE
TESTIMONY, AND UNFAIR PREJUDICE.
HGS DRAFTED AND PREPARED MONROE COUNTY'S SUPPLEMENTAL
MOTION IN LIMINE.
LJG REVIEW & OUTLINE DEPO OF MIKE DUNN TAKEN ON
8/12/02 IN PREPARATION FOR UPCOMING TRIAL.
AVP (L440) - TRIAL PREPARATION AND SUPPORT - CONTINUE
PREPARATION OF MONROE COUNTY'S TRIAL EXHIBITS
(CONFIRM THAT THERE ARE MULTIPLE COPIES FOR
OPPOSING COUNSEL, THE JUDGE, AND THE WITNESS)
AVP (L440) - TRIAL PREPARATION AND SUPPORT -
PREPARATION OF WITNESS BINDERS
AVP (L440) - TRIAL PREPARATION AND SUPPORT - COMPILE
MATERIALS/DOCUMENTS AS PER JANET RITENBAUGH'S
REQUEST - TO BE SENT TO HER IN KEY WEST (FOR HER
USE AT DEPOSITIONS AND THE TRIAL)
AVP TELEPHONE CONFERENCE WITH SHEILA AT THE COUNTY
ATTORNEYS' OFFICE - RE: TRIAL
ADC TRIAL PREPARATION - CONTINUED COMPILING COPIES OF
DEPOSITION TRANSCRIPTS FOR JANET RITENBAUGH FOR
TRIAL PREPARATION, ORGANIZED INTO BINDERS AND
INDEXED
ADC TRIAL PREPARATION BY COMPILING TRIAL EXHIBITS
SELECTED BY JANET RITENBAUGH TO BE PROVIDED TO
BERT BENDER BY ORGANIZING INTO BINDERS WITH
DIVIDERS AND INDEXING
ADC TRIAL PREPARATION - COMPILED THE TRIAL EXHIBITS
SELECTED BY JANET RITENBAUGH TO BE PROVIDED TO
BERT BENDER FOR JANET RITENBAUGH BY ORGANIZING
INTO BINDERS WITH DIVIDERS AND INDEXING
SDK FURTHER REVISIONS TO JURY INSTRUCTIONS
SDK ATTEND DEPOSITIoN OF BARRY BROWER
JER TRAVEL TO KEY WEST & MEET WITH FRED SALINERO RE:
DEPOSITION TESTIMONY & PREPARATION FOR TRIAL
JER CONFERENCE WITH STEPHANIE COFFER RE: DEPOSITION &
HOURS
.60
.80
1.20
1.40
3.00
3.00
1.50
.50
.20
2.00
3.00
1.00
.80
1.00
5.50
90.00
120.00
180.00
210.00
225.00
225.00
112.50
37.50
15.00
100.00
150.00
50.00
156.00
195.00
1,100.00
MONROE COUNTY
Page: 5
12/11/03
MATTER NO: 864-0002M
STATEMENT NO: 44
LODGE CONSTRUCTION
ILL
TRIAL
DEPOSITIONS OF JOE MASULLO AND BARRY BROWER,
COUNTY'S EXPERTS
TRIAL/HEARING PREPARATION - REVIEW JURY
INSTRUCTIONS
ILL
11/06/03
NB
LJG
ADC
PREPARE FOR DEPO OF D. TINNEY.
REVIEW & OUTLINE DEPO OF MIKE DUNN TAKEN ON
8/12/02 IN PREPARATION FOR UPCOMING TRIAL.
RECEIPT/REVIEW OF PROOFS FOR TRIAL BLOW-UPS
(L440) - TRIAL PREPARATION AND SUPPORT _
PREPARATION OF IRA LIBANOFF'S TRIAL BINDERS (6
VOLUMES OF MONROE COUNTY'S TRIAL EXHIBITS FOR HIS
USE IN PREPARING FOR THE TRIAL)
(L440) - TRIAL PREPARATION AND SUPPORT - CONTINUE
PREPARATION OF MONROE COUNTY'S COMPOSITE TRIAL
EXHIBITS (CONFIRM THAT COMPOSITE EXHIBITS ARE
COMPLETE AND THAT THERE ARE MULTIPLE COPIES)
TRIAL PREPARATION - ORGANIZATION OF DEPOSITION
TRANSCRIPTS INTO BOXES BY CATERGORIZING, INDEXING
AND COMPILING EXTRA COPIES IN ANTICIPATION OF USE
AT TRIAL
TRIAL PREPARATION - ORGANIZATION OF DOCUMENTS AND
FILES CONTAINED IN BOXES BY CATERGORIZING,
LABELING AND INDEXING IN ANTICIPATION OF TRIAL
CONFERENCE WITH FRED SALINERO;
ATTEND DEPOSITIONS OF FRED SALINERO & STEPHANIE
COFFER
TELEPHONE CONFERENCES WITH IRA LIBANOFF RE: TRIAL
SCHEDULE
TELEPHONE CONFERENCE WITH NESTOR BUSTAMANTE RE:
DEPOSITION OF DAN TINNEY, BURT BENDER'S EXPERT
TRIAL/HEARING PREPARATION FOR TRIAL
AVP
AVP
AVP
ADC
JER
JER
JER
JER
ILL
HOURS
1.00
5.00
.50
.50
2.50
.20
4.00
2.00
3.00
2.00
.50
3.50
.50
.70
1. 50
200.00
1,125.00
112.50
100.00
187.50
15.00
300.00
150.00
150.00
100.00
100.00
700.00
100.00
140.00
337.50
L1/07/03
NB ATTENDANCE AT DEPOSITION OF DANIEL TINNEY. 5.00 1,000.00
LJG REVIEW & OUTLINE DEPO OF MIKE DUNN TAKEN ON
8/12/02 IN PREPARATION OF UPCOMING TRIAL. 5.00 375.00
AVP TELEPHONE CONFERENCE WITH LARRY MARGOLIS RE: HIS
REQUEST FOR COPIES OF LODGE'S CLAIMS; STATUS OF
Page: 6
12/11/03
MATTER NO: 864-0002M
STATEMENT NO: 44
MONROE COUNTY
LODGE CONSTRUCTION
HOURS
ROEPNACK'S DEPOSITION EXHIBITS .20
AVP DRAFT AND PREPARE FACSIMILE TO LARRY MARGOLIS
ATTACHING LODGE'S CLAIMS .30
ADC TRIAL PREPARATION - INDICATED TRIAL EXHIBITS
JANET RITENBAUGH SELECTED FOR STEVE PIAZZA AND
BERT BENDER ON TRIAL EXHIBIT LIST INDEX FOR JANET
RITENBAUGH 1.00
JER TELEPHONE CONFERENCES WITH IRA LIBANOFF (X 2)RE:
TRIAL SCHEDULE; TELEPHONE CONFERENCES WITH ANNA
PETERSON RE: TRIAL PREPARATION (X 2); TELEPHONE
CONFERENCE WITH LARRY MARGOLIES (.4); TELEPHONE
CONFERENCE WITH NESTOR BUSTAMANTE RE: DEPOSITION
OF DAN TINNEY (.4); RETURN FROM KEY WEST 2.50
11/10/03
HGS CONFERENCE WITH JANET RITENBAUGH REGARDING MONROE
COUNTY'S JURY INSTRUCTIONS AND MOTION IN LIMINE
EXCLUDING VIDEOTAPE. .60
LJG REVIEW & OUTLINE DEPO OF MIKE DUNN TAKEN ON
9/25/03 IN PREPARATION OF UPCOMING TRIAL. 4.50
LJG REVIEW & OUTLINE DEPO OF MIKE DUNN TAKEN ON
8/12/02 IN PREPARATION OF UPCOMING TRIAL. 1.00
AVP CONFERENCE WITH IRA LIBANOFF AND JANET RITENBAUGH
RE: TRIAL PREPARATION .50
AVP (L440) - TRIAL PREPARATION AND SUPPORT - RESEARCH
HOTEL INFORMATION FOR ADDITIONAL DATES - SECURE
ROOMS FOR ADDITIONAL DATES OF STAY 1.00
AVP (L440) - TRIAL PREPARATION AND SUPPORT - COMPILE
DEPOSITION TRANSCRIPTS/SUMMARIES AND EXHIBITS OF
WITNESSES BEING EXAMINED BY IRA LIBANOFF (TO
ASSIST HIM IN PREPARING OUTLINES) 2.00
AVP (L440) - TRIAL PREPARATION AND SUPPORT - COMPILE
ADDITIONAL TRIAL EXHIBITS FOR JANET RITENBAUGH'S
AND IRA LIBANOFF'S TRIAL BINDERS 1.00
AVP (L440) - TRIAL PREPARATION AND SUPPORT - AMEND
INDEX OF TRIAL BOXES TO INCLUDE ADDITIONAL
DOCUMENTS/MATERIALS 1.50
ILL COURT/AGENCY AP~EARANCE - TELEPHONE STATUS
CONFERECE WITH JUDGE PAYNE RE TRIAL COMMENCEMENT;
CONFERENCE WITH ASSOCIATE AND PARALEGAL RE TRIAL
PREPARATION 1.00
15.00
22.50
50.00
500.00
90.00
337.50
75.00
37.50
75.00
150.00
75.00
112.50
225.00
MONROE COUNTY
Page: 7
12/11/03
MATTER NO: 864-0002M
STATEMENT NO: 44
LODGE CONSTRUCTION
ILL RECEIPT/REVIEW LODGE'S MEMORANDA OF LAW IN
RESPONSE TO COUNTY'S MOTION FOR SJ AND BENDER'S
MOTION FOR SJ
HOURS
11/11/03
HGS DRAFTED AND PREPARED MONROE COUNTY'S PROPOSED
VERDICT FORM. .60 90.00
HGS RESEARCHED CASE LAW REGARDING CONSEQUENTIAL
DAMAGES. .50 75.00
HGS CONTINUED PREPARATION OF MONROE COUNTY'S PROPOSED
JURY INSTRUCTIONS. 1.50 225.00
LJG REVIEW & OUTLINE DEPO OF MIKE DUNN TAKEN ON
9/25/03 IN PREPARATION FOR UPCOMING TRIAL. 6.75 506.25
AVP RESEARCH - CONDUCT RESEARCH ON WESTLAW TO PULL
CASES CITED IN LODGE'S MOTION FOR SUMMARY
JUDGMENT .50 37.50
AVP (L440) - TRIAL PREPARATION AND SUPPORT _ COMPILE
DEPOSITION TRANSCRIPT/SUMMARIES AND DEPOSITION
EXHIBITS FOR WITNESSES BEING EXAMINED BY JANET
RITENBAUGH (TO ASSIST HER IN PREPARING OUTLINES) 3.50 262.50
AVP (L440) - TRIAL PREPARATION AND SUPPORT _
ORGANIZATION OF MATERIALS PRODUCED BY LODGE _ IN
ANTICIPATION OF HAVING THESE TRANSPORTED TO KEY
WEST - FOR USE AT THE TRIAL 1.70 127.50
JER TRIAL/HEARING PREPARATION: REVIEW TRIAL EXHIBITS
COMMENCE OUTLINES FOR DIRECT EXAMINATION OF STEVE
PIAZZA & BURT BENDER 8.00 1,600.00
ILL TRIAL/HEARING PREPARATION FOR TRIAL; REVIEW
WITNESS INFO AND DEPOSITIONS 3.00 675.00
.50
112.50
11/12/03
HGS RESEARCHED AND ANALYZED CASE LAW REGARDING
WHETHER ATTORNEY CLIENT PRIVILEGE OR WORK PRODUCT
PRIVILEGE PROTECTS COMMUNICATIONS WITH FORMER
EMPLOYEE OF PARTY. 3.20 480.00
LJG (L140) - DOCUMENT / FILE MANAGEMENT; COMPILE AND
COpy DOCUMENTS TO SEND TO BARRY BROWER AND JOSEPH
MASULLO FOR THEIR REVIEW IN PREPARATION FOR
TRIAL., 1.00 75.00
LJG (L140) - DOCUMENT / FILE MANAGEMENT; COMPILE AND
COpy DOCUMENTS TO SEND TO FREDERICK SALINERO AND
MONROE COUNTY
Page: 8
12/11/03
MATTER NO: 864-0002M
STATEMENT NO: 44
LODGE CONSTRUCTION
HOURS
STEPHANIE COFFER FOR THEIR REVIEW IN PREPARATION
FOR TRIAL. 1.00 75.00
LJG DRAFT AND PREPARE LETTER TO BARRY BROWER
ENCLOSING DOCUMENTS FOR HIS REVIEW IN PREPARATION
FOR UPCOMING TRIAL. .30 22.50
LJG DRAFT AND PREPARE LETTER TO FREDERICK SALINERO
ENCLOSING DOCUMENTS FOR HIS REVIEW IN PREPARATION
FOR UPCOMING TRIAL. .30 22.50
LJG DRAFT AND PREPARE LETTER TO JOSEPH MASULLO
ENCLOSING DOCUMENTS FOR HIS REVIEW IN PREPARATION
FOR UPCOMING TRIAL. .30 22.50
LJG DRAFT AND PREPARE LETTER TO STEPHANIE COFFER
ENCLOSING DOCUMENTS FOR HER REVIEW IN PREPARATION
FOR UPCOMING TRIAL. .30 22.50
LJG (L140) - DOCUMENT / FILE MANAGEMENT; TRIAL
PREPARATION WITH ANNA PETERSON; INDEX TRIAL BOXES
FOR USE AT TRIAL AND FOR COURIER. 2.50 187.50
AVP TELEPHONE CONFERENCE WITH JOE MASULLO RE:
RECEIPT OF SPECIFICATIONS THAT HE REQUESTED .20 15.00
AVP CONFERENCE WITH IRA LIBANOFF AND ROB FROM
LEGAL-EZE TO DISCUSS TIME-LINE FOR USE AT TRIAL .40 30.00
AVP (L440) - TRIAL PREPARATION AND SUPPORT -
RESCHEDULE HOTEL ACCOMMODATIONS 1.00 N/C
AVP TELEPHONE CONFERENCE WITH SHEILA AT THE COUNTY
ATTORNEYS' OFFICE RE: ACCESS TO THEIR OFFICE .20 N/C
AVP TELEPHONE CONFERENCE WITH JANET RITENBAUGH RE:
TRIAL PREPARATION .50 37.50
AVP TELEPHONE CONFERENCE WITH STEVE PIAZZA RE: HIS
TRAVEL TO KEY WEST AND HIS PRE-TRIAL MEETING WITH
IRA LIBANOFF AND JANET RITENBAUGH .20 15.00
AVP (L440) - TRIAL PREPARATION AND SUPPORT -
ORGANIZATION OF DOCUMENTS PRODUCED BY MONROE
COUNTY IN ANTICIPATION OF TRANSPORTING THEM TO
KEY WEST (FOR USE AT THE TRIAL) 2.00 150.00
AVP (L440) - TRIAL PREPARATION AND SUPPORT - BEGIN
LABELING ALL TRIAL BOXES (TO BE TRANSPORTED TO
KEY WEST FOR USE DURING THE TRIAL) 2.50 187.50
JER TRIAL/HEARING P~EPARATION : CONTINUE REVIEW TRIAL
EXHIBITS; REVIEW DEPOSITION DIGEST OF STEVE
PIAZZA & PREPARE OUTLINES FOR DIRECT EXAMINATION
OF STEVE PIAZZA & BURT BENDER 8.00 1,600.00
MONROE COUNTY
Page: 9
12/11/03
MATTER NO: 864-0002M
STATEMENT NO: 44
LODGE CONSTRUCTION
ILL TRIAL/HEARING PREPARATION - CONTINUE REVIEW OF
WITNESS INFO, DEPO OUTLINES AND PREPARE FOR
CROSS-EXAMINATIONS
HOURS
11/13/03
LJG (LI40) - DOCUMENT / FILE MANAGEMENT; COpy MISSING
TRIAL EXHIBITS FOR JANET RITENBAUGH'S TRIAL
BINDERS; INDEX, LABEL AND NUMBER TRIAL BINDERS; 1.25 93.75
AVP TELEPHONE CONFERENCE WITH LEGAL-EZE (SEVERAL
CONVERSATIONS RE: CORRECTIONS TO PROOFS OF
TIMELINE) 1.00 75.00
AVP RECEIPT/REVIEW OF SEVERAL E-MAILS FROM LEGAL-EZE
ATTACHING PROOFS OF THE TIMELINE TO BE USED AT
THE TRIAL 1.00 75.00
AVP TELEPHONE CONFERENCE WITH ESQUIRE DEPOSITION
SERVICES - FOLLOW-UP RE: EXHIBITS TO THE
DEPOSITION OF JOE MASULLO .30 22.50
AVP (L440) - TRIAL PREPARATION AND SUPPORT _ CONTINUE
PREPARATION OF TRIAL BOXES - LABEL ADDITIONAL
BOXES TO BE TRANSPORTED TO KEY WEST - AMEND INDEX
TO ADD ADDITIONAL DOCUMENTS/MATERIALS 4.00 300.00
AVP (L440) - TRIAL PREPARATION AND SUPPORT _ FINALIZE
TRIAL BOXES (INCLUDES PREPARING SUPPLIES FOR USE
AT THE TRIAL) 3.00 225.00
AVP (L440) - TRIAL PREPARATION AND SUPPORT _ FINALIZE
JANET RITENBAUGH'S TRIAL BINDERS (ADD ADDITIONAL
TRIAL EXHIBITS FOR HER USE IN PREPARING WITNESS
OUTLINES) 1.50 112.50
JER TRIAL/HEARING PREPARATION: CONTINUE TRIAL
PREPARATION; DRAFT LETTER TO PAUL WOODSON; DRAFT
MOTION TO STRIKE TRIAL EXHIBITS 6.00 1,200.00
ILL TRIAL/HEARING PREPARATION FOR TRIAL _ OUTLINE
OPENING AND PREPARE VOIR DIRE 6.00 1,350.00
3.00
675.00
11/14/03
AVP RECEIPT/REVIEW OF TRIAL BOARDS - MEET WITH
REPRESENTATIVE OF LEGAL-EZE .30 22.50
AVP TELEPHONE CONFERENCE WITH FRANK AT SUNSHINE
MESSENGER - CONFIRMING OUR PICK UP (TRIAL BOXES
BEING TRANSPORTED TO KEY WEST) .20 N/C
AVP (L440) - TRIAL PREPARATION AND SUPPORT _ MEET
Page: 10
12/11/03
MATTER NO: 864-0002M
STATEMENT NO: 44
MONROE COUNTY
LODGE CONSTRUCTION
HOURS
WITH GEORGE FROM SUNSHINE MESSENGER - DIRECT HIM
IN TAKING SELECTED TRIAL BOXES/MATERIALS TO BE
TRANSPORTED TO KEY WEST .70
AVP TELEPHONE CONFERENCE WITH BARRY BROWER'S OFFICE
REQUESTING THAT SELECTED DOCUMENTS BE FAXED AND
FEDERAL EXPRESSED TO HIM .20
AVP DRAFT AND PREPARE FAX AND FEDEX TO BARRY BROWER
WITH REQUESTED DOCUMENTS (INCLUDES COMPILING
DOCUMENTS) .40
AVP (L440) - TRIAL PREPARATION AND SUPPORT - COMPILE
SELECTED TRIAL EXHIBITS USED IN THE OUTLINE OF
STEVE PIAZZA (IN ANTICIPATION OF USING THEM WITH
THE ELMO DURING HIS TESTIMONY) 1.50
AVP (L440) - TRIAL PREPARATION AND SUPPORT - SET UP
ELMO AND PROJECTOR - VIEW SELECTED DOCUMENTS
(THROUGH PROJECTOR) WHICH WILL BE USED DURING THE
TESTIMONY OF STEVE PIAZZA 2.00
AVP (L440) - TRIAL PREPARATION AND SUPPORT - PREPARE
ADDITIONAL DOCUMENTS AND BINDERS FOR USE AT TRIAL
(INCLUDES IMPORTANT PHONE NUMBERS, SELECTED
PLEADINGS, ETC.) 2.00
LJG (LI40) - DOCUMENT / FILE MANAGEMENT; COMPILE AND
INDEX DEPOSITION BINDERS AND EXHIBITS OF
WITNESSES FOR JANET RITENBAUGH'S REVIEW IN
PREPARATION FOR UPCOMING TRIAL. 1.50
LJG (L440) - TRIAL PREPARATION AND SUPPORT REGARDING
POWER POINT PRESENTATION AND ELMO/PROJECTOR
PRESENTATION. 1.30
HGS TELEPHONE CONFERENCE WITH JANET RITENBAUGH
REGARDING RESEARCH OF CASE LAW REGARDING NOT
BEING ABLE TO USE PLEADINGS IN OTHER CASE AS
EVIDENCE IN THIS CASE AND REGARDING MONROE
COUNTY'S JURY INSTRUCTIONS. .40
HGS CONTINUED PREPARATION OF MONROE COUNTY'S JURY
INSTRUCTIONS. .80
HGS RESEARCHED AND ANALYZED CASE LAW REGARDING
EXCLUSION OF PLEADINGS FROM OTHER CASE AS
EVIDENCE IN THIS CASE. 2.00
JER TRIAL/HEARING PR~PARATION : CONTINUE TRIAL
PREPARATION, INCLUDING REVIEW OF MOTIONS
RESPONSES FROM PAUL WOODSON & LEGAL RESEARCH RE:
52.50
N/C
30.00
112.50
150.00
150.00
112.50
97.50
N/C
120.00
300.00
MONROE COUNTY
Page: 11
12/11/03
MATTER NO: 864-0002M
STATEMENT NO: 44
LODGE CONSTRUCTION
SAME; TELEPHONE CONFERENCES WITH LARRY MARGOLIES
& MICHAEL KASHTAN RE: MEETING WITH BURT BENDER
ILL TRIAL/HEARING PREPARATION FOR TRIAL _ CONTINUE
PREPARATION FOR WITNESS CROSS, OPENING AND VOIR
DIRE
11/15/03
JER TRIAL/HEARING PREPARATION: CONTINUE TO REVIEW
TRIAL EXHIBITS; PREPARE OUTLINES, & DEPOSITIONS
ILL TRIAL/HEARING PREPARATION FOR TRIAL - CONTINUE
PREPARATION FOR WITNESS
HOURS
5.00 1,000.00
4.00 900.00
6.00 1,200.00
6.00 1,350.00
11/16/03
AVP (L440) - TRIAL PREPARATION AND SUPPORT _ TRAVEL
TO KEY WEST FOR PURPOSES OF ATTENDING TRIAL 4.00 300.00
AVP (L440) - TRIAL PREPARATION AND SUPPORT _ ATTEND
MEETING WITH IRA LIBANOFF, JANET RITENBAUGH, MIKE
KASHTAN, LARRY MARGOLIS, AND BERT BENDER (FOR
PURPOSES OF ASSISTING IRA LIBANOFF AND JANET
RITENBAUGH) 2.50 187.50
AVP (L440) - TRIAL PREPARATION AND SUPPORT _ ATTEND
MEETING WITH IRA LIBANOFF, JANET RITENBAUGH, AND
STEVE PIAZZA RE: HIS TRIAL TESTIMONY 2.00 150.00
AVP (L440) - TRIAL PREPARATION AND SUPPORT _ MEET
WITH JANET RITENBAUGH RE: EXHIBITS TO BE USED
DURING HER EXAMINATION OF STEVE PIAZZA 3.50 262.50
ILL TRIAL/HEARING PREPARATION - CONFERENCES WITH BERT
BENDER AND COUNSEL AND WITH STEVE PIAZZA TO
PREPARE FOR TRIAL TESTIMONY 5.00 1,125.00
JER TRIAL/HEARING PREPARATION : TRAVEL TO KEY WEST;
CONFERENCES WITH BERT BENDER & STEVE PIAZZA IN
PREPARATION FOR TRIAL 7.00 1,400.00
11/17/03
AVP (L450) - TRIAL AND HEARING ATTENDANCE _ ATTEND
MONROE V. LODGE TRIAL FOR PURPOSES OF ASSISTING
IRA LIBANOFF AND JANET RITENBAUGH - INCLUDES
TRANSPORTING DOCUMENTS FROM THE COUNTY ATTORNEY'S
OFFICE TO JUDGE'S PAYNE'S COURTROOM, PREPARING
TRIAL EXHIBIT FOLDERS TO BE USED DURING THE
EXAMINATION OF STEVE PIAZZA, WAITING FOR RESPONSE
Page: 12
12/11/03
MATTER NO: 864-0002M
STATEMENT NO: 44
MONROE COUNTY
LODGE CONSTRUCTION
FROM PAUL WOODSON (ATTORNEY FOR LODGE) RE:
POSSIBLE SETTLEMENT
AVP (L440) - TRIAL PREPARATION AND SUPPORT - REVIEW
JANET RITENBAUGH'S REVISED OUTLINE FOR STEVE
PIAZZA RE: DAMAGES; SELECTED EXHIBITS TO BE
INTRODUCED THROUGH STEVE PIAZZA RE: DAMAGES
ILL COURT/AGENCY APPEARANCE FOR TRIAL
ILL TRIAL/HEARING PREPARATION FOR FIRST DAY OF TRIAL
RE REVAMPED OPENING AND RE JURY SELECTION
JER COURT/AGENCY APPEARANCE & PREPARATION FOR TRIAL
11/18/03
AVP (L450) - TRIAL AND HEARING ATTENDANCE - ATTEND
MONROE V. LODGE TRIAL TO ASSIST IRA LIBANOFF AND
JANET RITENBAUGH (DURING OPENING STATEMENTS AND
THE EXAMINATION OF STEVE PIAZZA)
ILL COURT/AGENCY APPEARANCE FOR TRIAL
ILL TRIAL/HEARING PREPARATION FOR TRIAL DAY 2
SDK RESEARCH ON TOTAL COST METHOD FOR ILL
JER COURT/AGENCY APPEARANCE
11/19/03
AVP (L450) - TRIAL AND HEARING ATTENDANCE - ATTEND
MONROE V. LODGE TRIAL TO ASSIST IRA LIBANOFF AND
JANET RITENBAUGH (DURING THE READ-IN OF BARRY
BROWER AND EXAMINATION OF MIKE DUNN)
ILL COURT/AGENCY APPEARANCE FOR TRIAL
ILL TRIAL/HEARING PREPARATION FOR DAY 3 OF TRIAL
JER COURT/AGENCY APPEARANCE & PREPARE FOR TRIAL
11/20/03
AVP (L450) - TRIAL AND HEARING ATTENDANCE - ATTEND
MONROE V. LODGE TRIAL TO ASSIST IRA LIBANOFF AND
JANET RITENBAUGH (DURING THE EXAMINATION OF MIKE
DUNN, ERNEST HOLMES, AND READ-IN OF DAN GERDES)
ILL COURT/AGENCY APPEARANCE FOR TRIAL
ILL TRIAL/HEARING PREPARATION - FOR CLOSING ARGUMENT
AND JURY INSTRUCTIONS
SDK RESEARCH ON INIT~AL DENIAL OF A MOTION FOR
SUMMARY JUDGMENT
JER COURT/AGENCY APPEARANCE: ATTENDANCE AT TRIAL;
HOURS
7.50
1.00
7.00
2.00
8.00
8.00
7.00
2.00
.50
9.00
8.00
7.00
2.00
9.00
7.00
7.00
1.00
.50
562.50
75.00
1,575.00
450.00
1,600.00
600.00
1,575.00
450.00
97.50
1,800.00
600.00
1,575.00
450.00
1,800.00
525.00
1,575.00
225.00
97.50
MONROE COUNTY
Page: 13
12/11/03
MATTER NO: 864-0002M
STATEMENT NO: 44
LODGE CONSTRUCTION
REVISE JURY INSTRUCTIONS & VERDICT FORM
11/21/03
HGS BEGAN RESEARCHING AND ANALYZING CASE LAW
REGARDING STANDARDS FOR GRANTING A MOTION FOR
JUDGMENT NOTWITHSTANDING THE VERDICT (JNOV).
HGS BEGAN RESEARCHING CASE LAW REGARDING WHEN
PRE-JUDGMENT INTEREST BEGINS TO ACCRUE.
AVP (L450) - TRIAL AND HEARING ATTENDANCE _ ATTEND
MONROE V. LODGE TRIAL TO ASSIST IRA LIBANOFF AND
JANET RITENBAUGH (DURING CLOSING ARGUMENTS;
ASSIST IN TRANSPORTING DOCUMENTs FROM JUDGE
PAYNE'S COURTROOM TO THE COUNTY ATTORNEYS'
OFFICE)
AVP (L450) - TRIAL AND HEARING ATTENDANCE _ TRAVEL
FROM KEY WEST TO BROWARD COUNTY (RETURN FROM
TRIAL)
ILL PREPARE FOR CLOSING AND COURT/AGENCY APPEARANCE
FOR TRIAL
JER COURT/AGENCY APPEARANCE : ATTENDANCE AT TRIAL &
RETURN FROM KEY WEST
11/24/03
HGS CONTINUED RESEARCHING AND ANALYZING CASE LAW
REGARDING WHEN PRE-JUDGMENT INTEREST BEGINS TO
ACCRUE.
AVP (A101) - PLAN AND PREPARE FOR TRANSPORTING FILE
TO MONROE COUNTY FOR STORAGE - PREPARE INDEX OF
FILE DOCUMENTS BEING TRANSPORTED (INCLUDES
DOCUMENTS RECEIVED FROM MONROE COUNTY AND ROVEL)
AVP TELEPHONE CONFERENCE WITH SHEILA AT THE COUNTY
ATTORNEY'S OFFICE RE: TRANSPORTING BOXES TO
MONROE COUNTY FOR STORAGE
11/25/03
HGS RESEARCHED AND ANALYZED CASE LAW REGARDING TIME
TO SERVE MOTION FOR JUDGMENT NOTWITHSTANDING THE
VERDICT.
HGS RESEARCHED AND ANALYZED CASE LAW REGARDING BASIS
TO APPEAL JURY VERDICT IF AWARD IS CONTRARY TO
THE GREATER WEIGHT OF THE EVIDENCE.
HOURS
10.00 2,000.00
.90 135.00
1.10 165.00
4.50 337.50
3.50 262.50
5.00 1,125.00
7.50 1,500.00
1.40 210.00
6.00 450.00
.10 N/C
.40 60.00
2.40 360.00
Page: 14
12/11/03
MATTER NO: 864-0002M
STATEMENT NO: 44
MONROE COUNTY
LODGE CONSTRUCTION
HOURS
HGS CONFERENCE WITH IRA LIBANOFF REGARDING RESEARCH
RELATING TO FILING OF MOTION FOR NEW TRIAL. .30
AVP (A101) - PLAN AND PREPARE FOR POST-TRIAL FILINGS
- BREAKDOWN OF DOCUMENTS/MATERIALS USED AT THE
TRIAL IN THIS MATTER 3.50
ILL RESEARCH - REVIEW CASE LAW ON MOTION JNOV AND
MOTION FOR NEW TRIAL; DRAFT AND PREPARE LETTER TO
CLIENT RE POST TRIAL MOTIONS 1.00
AVP TELEPHONE CONFERENCE WITH SHEILA AT THE COUNTY
ATTORNEYS' OFFICE - ADVISE HER THAT SUNSHINE
MESSENGER HAS PICKED UP THE FILE (13 BOXES) AND
IS TRANSPORTING IT TO MONROE COUNTY .10
AVP CONFERENCE WITH GEORGE FROM SUNSHINE MESSENGER
RE: BOXES TO BE TRANSPORTED TO MONROE COUNTY .30
11/26/03
AVP (A101) - PLAN AND PREPARE FOR POST-TRIAL FILINGS
- BREAKDOWN OF TRIAL DOCUMENTS/MATERIALS USED AT
THE MONROE V. LODGE TRIAL (RE-FILE DOCUMENTS USED
AT THE TRIAL IN THIS MATTER - FOR POSSIBLE USE IN
POST TRIAL FILINGS) 2.00
AVP CONFERENCE WITH JANET RITENBAUGH TO ASSIST HER IN
RE-FILING DOCUMENTS/MATERIALS USED BY HER AT THE
TRIAL IN THIS MATTER (FOR POSSIBLE USE IN POST
TRIAL FILINGS) 1.00
HGS RESEARCHED AND ANALYZED CASE LAW, FLORIDA RULES
OF CIVIL PROCEDURE, AND FLORIDA STATUTES
REGARDING TIME WITHIN WHICH TO FILE MOTION FOR
ENTRY OF FINAL JUDGMENT IN ACCORDANCE WITH JURY
VERDICT. 1.90
HGS RESEARCHED AND ANALYZED CASE LAW REGARDING
WHETHER MOTION FOR NEW TRIAL IS A PREREQUISITE TO
APPELLATE REVIEW WHEN VERDICT IS AGAINST THE
MANIFEST WEIGHT OF THE EVIDENCE. 2.60
HGS RESEARCHED WHETHER SPECIFIC LANGUAGE IS NEEDED
FOR ORDER ON DIRECTED VERDICT. 1.30
HGS RESEARCHED CASE LAW REGARDING STANDARDS AND TIME
LIMITS FOR MOTIONS FOR ADDITUR IN BREACH OF
CONTRACT CASES. 1.40
ADC (L140) - DOCUMENT / FILE MANAGEMENT - COMPILING
IMPORTANT DOCUMENTS FROM 11/03 TRIAL SELECTED BY
45.00
262.50
225.00
N/C
N/C
150.00
75.00
285.00
390.00
195.00
210.00
MONROE COUNTY
Page: 15
12/11/03
MATTER NO: 864-0002M
STATEMENT NO: 44
LODGE CONSTRUCTION
JANET RITENBAUGH BY ORGANIZING IN FILES
CHRONOLOGICALLY AND BY SUBJECT OR ISSUE IN
ANTICIPATION OF CASE GOING TO RETRIAL 2.00
ILL RESEARCH - REVIEW CASES ON MOTION FOR NEW TRIAL
AS CONDITION TO APPEAL RE SUFFICIENCY OF EVIDENCE
TO SUPPORT VERDICT RE JNOV; T/C/W/RICHARD AND
BOB RE POSSIBLE DELAY IN ENTRY OF JUDGMENT IF
JUDGE GRANTS MOTION FOR NEW TRIAL .80
HOURS
100.00
11/28/03
ILL DRAFT AND PREPARE MOTION FOR JUDGMENT
NOTWITHSTANDING VERDICT, MOTION FOR ADDITUR OR
ALTERNATIVELY MOTION FOR NEW TRIAL
180.00
FOR CURRENT SERVICES RENDERED
5.00 1,125.00
------ ---------
460.60 66,809.50
SUMMARY OF PROFESSIONAL TIME
TIMEKEEPER HOURS HOURLY RATE TOTAL
---------- ----- ----------- -----
IRA L. LIBANOFF 92.00 $225.00 $20,700.00
NESTOR BUSTAMANTE 5.50 200.00 1,100.00
ANDREA D. CAMPOS 24.50 50.00 1,225.00
HUDSON G. SAMSON 39.20 150.00 5,880.00
JANET E. RITTENBAUGH 118.70 200.00 23,740.00
SANDRA D. KENNEDY 5.10 195.00 994050
ANNA V. PETERSON 130.30 75.00 9,772.50
LAURA J. GERWENS 45.30 75.00 3,397.50
10/16/03 (E105) - TELEPHONE
10/30/03 (E124) - CHECK PAYABLE TO ESQUIRE EXPRESS FOR
SERVICE ON D.L. PORTER CONSTRUCTORS
10/30/03 (E124) - CHECK PAYABLE TO ESQUIRE EXPRESS FOR
SERVICE ON PRESERVATION SERVICES
10/31/03 (E124) - CHECK PAYABLE TO ESQUIRE EXPRESS FOR
SERVICE ON BENDER & ASSOCIATES
11/03/03 (E124) - CHECK PAYABLE TO ALTERNATIVE LEGAL COpy
SERVICE FOR COLOR COPIES
11/03/03 (EllS; El16) - ESQUIRE DEPOSITION SERVICES _
INVOICE # 66344!
1. 36
30.00
155.00
151.00
50.88
23.85
LODGE CONSTRUCTION
Page: 16
12/11/03
MATTER NO: 864-0002M
STATEMENT NO: 44
MONROE COUNTY
11/03/03 (E124) - CHECK PAYABLE TO ALTERNATIVE LEGAL CO~Y
SERVICE FOR COLOR COPIES
11/04/03 (E124) - CHECK PAYABLE TO ALTERNATIVE LEGAL COPY
SERVICE FOR BLUEPRINT/PLANS
11/04/03 (E107) - FEDERAL EXPRESS TO STEVE PIAZZA
11/04/03 (E107) - FEDERAL EXPRESS TO STEVE PIAZZA
11/04/03 (E124) - CHECK PAYABLE TO ALTERNATIVE LEGAL FOR
NORMAL/OVERSIZE AND BLUEPRINT COPIES
11/04/03 (E124) - CHECK PAYABLE TO ESQUIRE EXPRESS FOR
SERVICE ON SECURITY IMPACT GLASS HOLDINGS
11/05/03 (E124) - CHECK PAYABLE TO ALTERNATIVE LEGAL COPY
SERVICE FOR NORMAL COPYING
11/05/03 (E124) - CHECK PAYABLE TO ALTERNATIVE LEGAL COPY
SERVICE FOR NORMAL COPYING
11/05/03 (E107) - FEDERAL EXPRESS TO STEPHANIE COFFER
11/05/03 (E107) - FEDERAL EXPRESS TO STEPHANIE COFFER-
11/05/03 (E107) - FEDERAL EXPRESS TO STEPHANIE COFFER
11/05/03 (E107) - FEDERAL EXPRESS TO STEPHANIE COFFER
11/05/03 (E107) - FEDERAL EXPRESS TO STEPHANIE COFFER
11/05/03 (E124) - CHECK PAYABLE TO ALTERNATIVE LEGAL FOR
NORMAL COPIES
11/05/03 (E124) - CHECK PAYABLE TO ESQUIRE EXPRESS FOR
SERVICE ON PAUL PATTERSON
11/05/03 (E109; E110) - TRAVEL EXPENSE
11/06/03 (E124) - CHECK PAYABLE TO ALTERNATIVE LEGAL COpy
SERVICE FOR NORMAL COPYING
11/06/03 (E101) - IKON OFFICE SOLUTIONS - INVOICE NUMBER
FTL041175
11/06/03 (E124) - CHECK PAYABLE TO KRESSE, VALDES-PRIETO &
ASSOCIATES, INC. FOR DEPO OF ERNEST HOLMES
11/06/03 (E107) - FEDERAL EXPRESS TO BARRY BROWER
11/06/03 (E107) - FEDERAL EXPRESS TO BARRY BROWER
11/06/03 (E124) - CHECK PAYABLE TO ALTERNATIVE LEGAL FOR
NORMAL COPIES
11/08/03 (EllS; El16) - ESQUIRE DEPOSITION SERVICES -
INVOICE # 447936EFL
11/10/03 (E124) - CHECK PAYABLE TO MEDIATION SOLUTIONS FOR
MEDIATION EXPENSE
11/10/03 (E124) - CHECK P~YABLE TO AMY LANDRY REPORTING
FOR DEPOS OF FREDERICK SALINERO AND STEPHANIE
COFFER
12.72
128.79
46.45
51.10
2,071.05
155.00
139.41
68.69
25.89
25.69
26.90
18.10
24.71
139.41
171.00
353.98
127.20
356.80
738.75
35.80
49.26
127.20
546.50
206.25
364.60
MONROE COUNTY
Page: 17
12/11/03
MATTER NO: 864-0002M
STATEMENT NO: 44
"LODGE CONSTRUCTION
11/11/03 (E124) - CHECK PAYABLE TO ALTERNATIVE LEGAL FO~
COPYING CHARGE
11/11/03 (E124) - CHECK PAYABLE TO SALINERO ENTERPRISES
INC. FOR CONSULTING FEE
11/12/03 (E107) - FEDERAL EXPRESS TO STEPHANIE COFFER
11/12/03 (E107) - FEDERAL EXPRESS TO BARRY BROWER
11/12/03 (E107) - FEDERAL EXPRESS TO JOE MASULLO
11/12/03 (E107) - FEDERAL EXPRESS TO FRED SALINERO
11/12/03 (E104) - TELEFAX (OUTGOING) - 305-245-5906
11/13/03 (E124) - CHECK PAYABLE TO ESQUIRE EXPRESS FOR
SERVICE ON PAUL PATTERSON
11/14/03 (E107) - SUNSHINE STATE MESSENGER SERVICE - JOB
NO. - 593454
11/14/03 (E104) - TELEFAX (OUTGOING) - 441-295-1914
11/14/03 (E107) - FEDERAL EXPRESS TO BARRY BROWER
11/16/03 (E101) - PHOTOCOPIES
11/16/03 (E101) - PHOTOCOPIES
11/16/03 (E108) - POSTAGE
11/16/03 (E109; El10) - TRAVEL EXPENSE
11/18/03 (E124) - CHECK PAYABLE TO LEGAL-EZE GRAPHICS FOR
COLOR EXHIBITS
11/18/03 (E105) - TELEPHONE
11/18/03 (E124) - CHECK PAYABLE TO SALINERO ENTERPRISES
FOR PREPARAION FOR TRIAL
11/19/03 (EllS; E116) - ESQUIRE DEPOSITION SERVICES _
INVOICE # 450282EFL
11/26/03 (E109; E110) - TRAVEL EXPENSE
182.64
8,850.00
14.66
24.55
18.10
14.66
6.00
171. 00
511.00
6.00
14.31
862.20
3,944.70
21.67
74.24
2,661.90
15.22
600.00
235.75
18.91
TOTAL EXPENSES
24,670.85
TOTAL CURRENT WORK
91,480.35
BALANCE DUE
$151,868.90
----------
----------
0-30
31-60
PAST DUE AMOUNTS
61-90 91-120
121-180
181+
135,865.31
13,828.50
,
0.00
300.00
3.52
1,871.57
Please call the attorney responsible for your case should
have any questions concerning this statement.
*STATEMENT REFLECTS ACTIVITY THROUGH THE END OF PRIOR MONTH*
**PLEASE INCLUDE YELLOW COpy OF STATEMENT WITH YOUR PAYMENT*
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
_Meeting Date:
January 21, 2004
Division: County Attorney
AGENDA ITEM WORDING:
Authorization for payment of invoice from Ferencik Libanoff Brandt Bustamante & Williams in the
amount of $151,868.90 for November, 2003, for representation the County in litigation against
Lodge Construction.
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 against Lodge
Construction, the initial contractor on the County's portion of the Gato Building after Lodge had
abandoned the job. Since the County prevailed in the litigation, these fees and costs should be
recoverable from Lodge and/or its surety.
Although the County prevailed at trial, both parties have filed some post trial motions. An appeal is
likely to follow upon resolution of those post trial motions.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT I AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Authorize payment.
TOTAL COST:
BUDGETE D: Yes 0
No 0
COST TO COUNTY:
APPROVED BY: County Attorney?
OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL~oD~ 0 l ~.~
J.R.Collins
DOCUMENTATION:
Included 0
To Follow 0
Not Required 0
AGENDA ITEM #
FERENCIK LIBANOFF BRANDT BUSTAMANTE & WILLIAMS, 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
MONROE COUNTY
C/O JOHN R. COLLINS-COUNTY ATTORNEY
PO BOX 1026
KEY WEST FL 33041-1026
Page: 1
12/11/03
MATTER NO: 864-0002M
STATEMENT NO: 44
ATTN: JOHN R. COLLINS
LODGE CONSTRUCTION
PREVIOUS BALANCE
$60,388.55
11/01/03
AVP (L440) - TRIAL PREPARATION AND SUPPORT - CONTINUE
PREPARATION OF TRIAL EXHIBITS - LABEL EXHIBITS
ACCORDING TO MONROE COUNTY'S TRIAL EXHIBIT LIST 1.00 75.00
AVP (L440) - TRIAL PREPARATION AND SUPPORT - COMPILE
DOCUMENTS/MATERIALS FOR JOE MASULLO (MONROE
COUNTY'S EXPERT) DURING HIS MEETING WITH JANET
RITENBAUGH 1.50 112.50
ILL CONFERENCE WITH JOE MASSULO RE EXPERT TESTIMONY
AND TRIAL PREPARATION 4.00 900.00
JER CONFERENCE WITH JOE MASULLO RE: PREPARATION FOR
DEPOSITION & TRIAL 6.00 1,200.00
HOURS
11/03/03
HGS RESEARCHED CASE LAW REGARDING PRIOR BREACH
EXCUSING PERFORMANCE OF NON-BREACHING PARTY TO BE
USED IN JURY INSTRUCTIONS. .80 120.00
HGS CONTINUED PREPARATION OF JURY INSTRUCTIONS. 4.30 645.00
HGS RESEARCHED AND ANALYZED CASE LAW REGARDING
CONTRACTOR'S OBLIGATION TO COMPLY WITH CONTRACT
NOTICE PROVISIONS UNLESS, WAIVED. 1.20 180.00
MONROE COUNTY
Page: 2
12/11/03
MATTER NO: 864-0002M
STATEMENT NO: 44
LODGE CONSTRUCTION
ILL TELEPHONE CONFERENCE WITH FRED SALINERO RE
PREPARATION FOR TESTIMONY; WITH ATTY KASHTAN RE
COUNTY'S SETTLEMENT DEMAND; WITH ATTY WOODSON RE
COUNTY'S SETTLEMENT DEMAND .50 112.50
ILL DRAFT AND PREPARE - BEGIN PREPARATION OF OPENING
STATEMENT .50 112.50
LJG REVIEW & OUTLINE DEPO OF DANIEL GERDES TAKEN ON
2/27/02 IN PREPARATION OF UPCOMING TRIAL. 3.50 262.50
LJG REVIEW & OUTLINE DEPO OF STEPHANIE COFFER TAKEN
ON 12/13/01 IN PREPARATION OF UPCOMING TRIAL. 3.50 262.50
AVP (L440) - TRIAL PREPARATION AND SUPPORT _ COMPILE
DOCUMENTS TO BE PROVIDED TO MONROE COUNTY'S
EXPERTS (TO ASSIST THEM IN PREPARING TO TESTIFY
AT THE UPCOMING TRIAL) 2.00 150.00
AVP (L440) - TRIAL PREPARATION AND SUPPORT _ CONTINUE
PREPARATION OF MONROE COUNTY'S TRIAL EXHIBITS
(CHECK DOCUMENTS FOR COMPLETENESS) 6.00 450.00
ADC TRIAL PREPARATION BY COMPILING TRIAL EXHIBITS
SELECTED BY JANET RITENBAUGH TO BE PROVIDED TO
STEVE PIAZZA 5.00 250.00
JER TRIAL/HEARING PREPARATION INCLUDING REVIEW OF
TRIAL EXHIBITS; PREPARE LETTER TO PAUL WOODSON
RE: REVIEW OF EXHIBITS 6.00 1,200.00
HOURS
11/04/03
HGS TELEPHONE CONFERENCE WITH SANDRA KENNEDY
REGARDING CHANGES TO MONROE COUNTY'S PROPOSED
JURY INSTRUCTIONS. .50 75.00
HGS CONTINUED PREPARATION OF MONROE COUNTY'S JURY
INSTRUCTIONS. 4.80 720.00
HGS CONFERENCE WITH SANDRA KENNEDY REGARDING MONROE
COUNTY'S JURY INSTRUCTIONS. .70 105.00
LJG REVIEW & OUTLINE DEPO OF MIKE DUNN TAKEN ON
8/12/02 IN PREPARATION OF UPCOMING TRIAL. 5.00 375.00
LJG (E106) - WESTLAW RESEARCH; PULL CASES FOR JANET
RITENBAUGH'S REVIEW IN PREPARATION OF UPCOMING
TRIAL. .30 22.50
LJG (L140) - DOCUMENT / FILE MANAGEMENT; PREPARE AND
INDEX DEPOSITION BINDERS FOR JANET RITENBAUGH,
ESQ., IN PREPARATION OF UPCOMING TRIAL. .50 37.50
AVP (L440) - TRIAL PREPARATION AND SUPPORT _ MEET
.JAN-l::'-lOq II' II:l I-I<UM'MUNI<Uc. l.UUN1Y 1-\11Y UI-I-Il.c. lU'JIO::'~~~J::'lb
I-'I-\I..oc.
1/ I
BOARD OF COUNTY COMMISSIONERS
AGENDA nEM SUMMARY
REVISED
Meeting Date:
January 21, 2004
Division: County Attorney
AGENDA ITEM WORDING:
Authorization for payment of invoice from Ferencik libanoff Brandt Bustamante & Williams in the
amount of $91,480.35 for November, 2003, for representation the County in litigation against Lodge
Construction.
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 against Lodge
Construction, the initial contractor on the County's portion of the Gato Building after lodge had
abandoned the Job. Since the County prevailed in the litigation, these fees and costs should be
recoverable from Lodge and/or its surety.
Although the County prevailed at trial, both parties have filed some post trial motions. An appeal is
likely to follow upon resolution of those post trial motions.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT I AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Authorize payment.
; c, -
TOTAL COST: q, I ~ (!j(). 3~
BUDGETED: Yes."
NOD
. ....
COST TO COUNTY: q 1, <<i ~D . ~ \
APPROVED BY: County Attorney )( OMB/Purchasing [) Risk Management 0
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included r~
To Follow 0
Not Required 0
AGENDA nEM #I
:::p /? ~
rKe V isd