HomeMy Public PortalAbout18-9548 Implement a Settlement Agreement w/the Law Offices of Benedict Kuehne Sponsored by: City Attorney
RESOLUTION NO. 18-9548
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY
MANAGER AND CITY ATTORNEY TO EXECUTE AND
IMPLEMENT A SETTLEMENT AGREEMENT WITH THE
LAW OFFICES OF BENEDICT KUEHNE, P.A. TO SETTLE
PAYMENT OF HIS OUTSTANDING LEGAL FEES;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The Law Offices of Benedict Kuehne, PA ("Kuehne") represented then
City of Opa-locka Commissioner Terence Pinder in Case Number F06-39719 where he was
charged in connection with his official duties serving a public purpose; and
WHEREAS,the charges in connection with Pinder's work as a Opa-locka Commissioner
were dismissed as a result of Kuehne's work; and
WHEREAS, attached as Exhibit "A" are Kuehne's billing records totaling $212,040.00;
and
WHEREAS, Kuehne represented then Commissioner Pinder in Case Number F08-
19352B where he was charged in connection with his official duties serving a public purpose;
and
WHEREAS,Case Number F08-19352B was dismissed; and
WHEREAS, attached as Exhibit "B" are Kuehne's billing records totaling $198,630.00;
and
WHEREAS, Kuehne also represented Pinder as his personal attorney in debarment
proceedings in Case Number 09-0216-05A before the EPA, which were successful; and
WHEREAS, attached as Exhibit "C" are Kuehne's billing records totaling $3,500.00;
and
WHEREAS, Kuehne is owed $414,170.00 by the City of Opa-locka for his services; and
WHEREAS,Florida Law provides a clear legal right for public officials who are charged
in connection with their official duties to have their lawyer paid for representing them in those
matters when the cases in which the legal fees were generated were in connection with their
official duties and resulted in dismissal, acquittal or were otherwise resolved favorably; and
WHEREAS, Kuehne has agreed to substantially reduce his bill, although he is under no
obligation to do so; and
Resolution No. 18-9548
WHEREAS,the City of Opa-locka has agreed to pay Kuehne's reduced bill in exchange
for KUEHNE agreeing not to initiate costly litigation against the City for the full amount; and
WHEREAS, attached as Exhibit "A" is the Settlement Agreement which will resolve all
issues with the Kuehne; and
WHEREAS, the adoption of this Resolution and implementation of this Settlement
Agreement is in the public interest in that it will save the City substantial litigation costs.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission of the City of Opa-locka hereby authorizes the City Manager and
City Attorney to execute and implement the attached Settlement Agreement.
Section 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re-lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected copy of same with the City Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall take effect immediately upon adoption and is subject to the
approval of the Governor or his designee.
this 26th day of September, 2018.
MOTION FAILED �~
ra L. aylor
Mayor
Attest to: Approved as to form and legal sufficiency:
)
Joanna Flores TH . • • N LAW GROUP, Lv
City Clerk City Attorney
Resolution No. 18-9548
Moved by: VICE MAYOR KELLEY
Seconded by: MAYOR TAYLOR
Commissioner Vote: 4-1
Commissioner Holmes: NO
Commissioner Riley: NO
Commissioner Pigatt: NO
Vice Mayor Kelley: NO
Mayor Taylor: YES
SETTLEMENT AGREEMENT
AND MUTUAL RELEASE OF CLAIMS
This Settlement Agreement and Mutual Release of Claims arises out of the
representation by Benedict KUEHNE. P.A. ("KUEHNE") of public officials in the City of Opa
Locka ("CITY") as follows;
WHEREAS, KUEHNE represented then City of Opa Locka Commissioner Terence
Pinder in Case Number F06-39719 where he was charged in connection with his official duties
serving a public purpose;
WHEREAS, the charges in connection with Pinder's work as a Opa-locka Commissioner
were dismissed as a result of KUEHNE's work;
WHEREAS, attached as Exhibit "A" are KUEHNE's billing records totaling
$212,040.00;
WHEREAS, KUEHNE represented then Commissioner Pinder in Case Number F08-
19352B where he was charged in connection with his official duties serving a public purpose;
WHEREAS, Case Number F08-19352B was dismissed;
WHEREAS, attached as Exhibit `B" are KUEHNE's billing records totaling
$198,630.00;
WHEREAS, KUEHNE also represented Pinder as his personal attorney in debarment
proceedings in Case Number 09-0216-05A before the EPA, which were successful;
WHEREAS, attached as Exhibit "C" are KUEHNE's billing records totaling $3,500.00;
WHEREAS, KUEHNE is owed $414,170.00 by the City of Opa-locka for his services;
WHEREAS, Florida Law provides a clear legal right for public officials who are charged
in connection with their official duties to have their lawyer paid for representing them in those
matters when the cases in which the legal fees were generated were in connection with their
official duties and resulted in dismissal, acquittal or were otherwise resolved favorably;
WHEREAS, KUEHNE has agreed to substantially reduce his bill, although he is under
no obligation to do so;
WHEREAS, the City of Opa-locka has agreed to pay KUEHNE's reduced bill in
exchange for KUEHNE agreeing not to initiate costly litigation against the City for the full
amount;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
below as well as for other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged by the Parties, it is agreed as follows:
1. Consideration for Settlement. As consideration for this Settlement Agreement, CITY
OF OPA-LOCKA, FLORIDA shall pay to KUEHNE the sum of $200.000.00 in full
satisfaction of all claims in these matters.
2. The parties shall each bear their own fees and costs unless specified in this
agreement.
3. The parties are signing this mutual general release of any and all claims in this
agreement.
WHEREFORE, to evidence their agreement to the foregoing terms and conditions, the
Parties hereby execute this Settlement Agreement on the dates set forth below.
By: By:
BENEDICT P. KUEHNE,Esq.
Date: Date:
STATE OF FLORIDA )
) ss.
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
, 2018, by BENEDICT P. KUEHNE who is personally known to me or who
has produced as identification.
(SEAL)
Notary Public
Print Name
By: By:
CITY MANAGER CITY ATTORNEY
Date: Date:
STATE OF FLORIDA )
) ss.
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
, 2018, by VINCENT BROWN who is personally known to me or who has
produced as identification.
(SEAL)
Notary Public
Print Name
STATE OF FLORIDA )
) ss.
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
, 2018, by NEWALL J. DAUGHTREY who is personally known to me or
who has produced as identification.
(SEAL)
Notary Public
Print Name
e 4 t Cott„ o�o f Loc a Ito
Vincent T. Brown r/ c (305) 688-4611
City Attorney ;(
Z� 192
OAAO R 4T E0
MEMORANDUM
TO: Commissioner Pigatt
FROM: Vincent T. Brown, City Attorney
DATE: November 7, 2017
RE: Terrence Pinder and Legal Fees
Attorney Benedict P. Kuehne provided legal representation to Commissioner Terence Pinder(deceased)
in criminal case numbers F06-39719 and F08-19352 and believes that he is entitled to the payment of
legal fees, pursuant to Thornber vs. City of Ft. Walton Beach, 568 So.2d (Fla. 1990) and Ellison vs.
Reid,397 So.2d 352(Fla. 1st DCA 1981),in the amount of$175,000.00 for case number F06-39179 and
$185,000.00 for case number F08-19352 for a total of$360,000.00.
In case F06-39719,Commission Pinder was charged with four(4)counts of Grand Theft,one(1)count
of Petit Theft, one (1) count of Failing to File a Campaign Report and one (1) count of Official
Misconduct.The case involved misuse of a City of Opa-Locka("City")credit card and the criminal case
was dismissed in exchange for Pinder agreeing to an ethics complaint,reimbursing the City$3000.00
for personal charge on the City credit card and paying $2000.00 in fines and investigative costs.
In case F08-19352, Commissioner Pinder was charged with two (2) counts of Racketeering. Those
charges were resolved prior to trial with a plea to reduced charges of Conflict of Interest by Soliciting or
Demanding a Gift resulting in a twenty-four (24) month probationary sentence.
"If a public officer is charged with misconduct while performing his official duties and while serving a
public purpose, the public has a primary interest in such a controversy and should pay the reasonable
and necessary legal fees incurred by the public officer in successfully defending against unfounded
allegations of official misconduct." Nuzum v. Valdes, 407 So.2d 277, 279 (Fla. 3d DCA 1981)
However, Commissioner Pinder voluntarily pled in both cases and therefore the allegations were not
unfounded and were not successfully defended against.
END OF MEMORANDUM
City Hall • 780 Fisherman Street, 4t1 Floor, Opa-locka, Florida 33054 • (305) 688-4611
AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP
LETTER OF REPRESENTATION
Michael A. Pizzi Jr., Esq.
6625 Miami Lakes Drive, Suite 316
Miami Lakes, Florida 33014
PH: (305) 777-3800
E-Mail: mpizzi@pizzilaw.com
November 3", 2017
Mr. Vincent Brown
City Attorney
City of Opa-Locka
780 Fisherman St,4th Floor
Opa Locka, FL 33054
RE: BENEDICT KUEHNE, P.A.
Dear Mr. Brown:
As discussed, undersigned counsel has been retained to represent the Law Firm of
Benedict Kuehne, P.A. with connection to his claim for Attorney Fee's.
Please contact me at your earliest convenience to meet and discuss an amicable
settlement for presentation to the City of Opa Locka Mayor and Commission.
Very truly yours,
SiMichazi/A. p414:4 Jr.
Michael A. Pizzi Jr., Esq.
BILLING RECORDS
CASE # : 06-39719
LAW OFFICE OF BENEDICT P. KUEHNE, P.A.
CASE FILE BILLING RECORDS
Re:State of Florida v. Terence Pinder
Miami-Dade County Circuit Case No. F06-39719
Date Description Time Totals
12/06/06 Conference with client; draft memo; 2.00
telephone conference with State Attorney's
Office
12/07/06 Telephone conference with Robert Samuels 0.20
12/08/06 Telephone conference with Dante Starks; 1.20
telephone conference with Robert Samuels;
telephone conference with State Attorney's
Office; revise pleadings
12/10/06 Draft pleadings 1.00
12/11/06 Review and analyze information; revise 1.00
memo
12/12/06 Review domestic violence injunction 2.00
materials; review police report; telephone
conference with Dante Starks; review;
domestic violence injunction; draft pleadings;
engagement telephone conference with
Opa-Locka City Attorney's Office
12/13/06 Telephone conference with client; prepare 2.00
for hearing; accompany client to hearing;
draft memo; revise pleading
12/14/06 Review and analyze information 1.00
12/15/06 Review Opa-Locka Commission minutes 0.50
12/19/06 Arraignment; draft correspondence; review L50
court file; telephone conference with Robert
Samuels; telephone conference with
Domestic Violence Court
12/20/06 Telephone conference with Lashonta McCrea 0.20
12/21/06 Research 100
12/22/06 Review Charging Document- Information 0.30
13.90
1
Date Description Time Totals
105/07 Review Credit Card Policy; telephone conference 3.00
with Jim Greason; review Ethics Commission
ordinance; research
110/07 Conference with client; review documents 2.00
1/24/07 Case work 1.00
1/25/07 Attend hearing; memo 1.70
1/27/07 Review discovery 1.00
8.70
2/05/07 Telephone conference with client 0.20
2/06/07 Telephone conference with client 0.50
2/07/07 Telephone conference with client 0.50
2/07/07 Telephone conference with client; telephone 0.50
conference with Assistant State Attorney Joseph
Centorino
2/13/07 Telephone conference with Joseph Geller; review 2.50
credit card policy; review discovery; telephone
conference with City Attorney's Office;
telephone conference with client
4.20
3/02/07 Attend hearing; conference with Assistant State 1.00
Attorney Centorino; draft memo
3/02/07 Attend hearing; conference conference with 1.00
Assistant State Attorney Centorino; draft memo
3/13/07 Telephone conference with client 0.20
2.20
5/14/07 Telephone conference with Joseph Centorino 0.20
0.20
6/04/07 Telephone conference with client 0.20
6/10/07 Review discovery 2.00
6/14/07 Telephone conference with Joseph Centorino: 1.00
draft pleading
2
Date Description Time Totals
6'17/07 Draft pleading; telephone conference with 1.00
Assistant State Attorney J. Centorino
6,27/07 Attend hearing; conference with Assistant State 1.00
Attorney Centorino; client conference; review
discovery; draft correspondence
5.20
703/07 Review discovery; telephone conference with 0.70
client
719/07 Telephone conference with client; review 1.50
documents
7/24/07 Telephone conference with Joseph Centorino; 3.50
telephone conference with client; telephone
conference with Del. Jessica Alvarez; telephone
conference with Dante Starks; telephone
conference with Phil Ronca; review Arrest
Warrant; telephone conference with David Ovalle
7/25/07 Conference with Phil Ronca; conference with 3.00
Assistant State Attorney Centorino; attend
hearing; draft memo: conference with Larry
Handfield; telephone conference with client
7/26/07 Telephone conference with Robert Samuels 0,20
8.90
8/01/07 Telephone conference with Assistant State 2.50
Attorney Howard Rosen; draft memo; telephone
conference with Dante Starks; review pleadings
8/02/07 Attend hearing 1.50
8/02/07 Attend hearing; prepare for hearing; draft memo; 6.00
telephone conference with Howard Rosen; draft
correspondence; conference with Assistant State
Attorney H. Rosen; telephone conference with
Joseph Geller; draft pleading
8/03/07 Telephone conference with client; draft Public 1.50
Records request; telephone conference with Rod
Vereen; draft pleading
8/04/07 Review discovery 1.00
3
Date Description Time Totals
8/07/07 Telephone conference with client: review charges 1.00
8/13/07 Telephone conference with State Attorney's 1.00
Office; prepare for hearing; telephone conference
with client
8,14/07 Attend hearing 1.00
8/17/07 Review transcript: review Opa Locka City Code 1.00
8/20/07 Telephone conference with client 0.10
16.60
9/06/07 Telephone conference with client; conference 0.90
with Rod Vereen
9,07/07 Telephone conference with Joseph Geller 0.30
9;14/07 Conference with Rod Vereen 0.50
9/25/07 Conference with Assistant State Attorney I.00
Centorino; review discovery
9,27/07 Attend hearing 2.50
5.20
11/26/07 Attend hearing; conference with Assistant State 1.00
Attorney Hardiman; conference with Rod Vereen:
draft correspondence
11/29/07 telephone conference with Eric Lipman; 0.40
telephone conference with Jim Greason and client
11/29/07 Telephone conference with Eric Lipman: 0.40
telephone conference with Jim Greason and client
1.80
12/03/07 Telephone conference with Robert Samuels 0.20
12/26,07 Telephone conference with client; telephone 0.20
conference with Joseph Geller
0.40
1/02/08 Trial preparation 2.00
1/03/08 Telephone conference with Assistant State 0.20
Attorney Centorino
4
Date Description Time Totals
1/04/08 Attend hearing; draft memo; conference with Rod 1.50
Vereen; conference with Assistant State Attorney
Centorino
1/07/08 Telephone conference with client 0.30
4.00
2/18/08 Review article 0.20
2/19/08 Telephone conference with client: outline 0.80
depositions
2/27/08 Telephone conference with Assistant State 0.40
Attorney Centorino; prepare for depositions
1.40
3/07/08 Conference with Paris London; discovery review 2.50
3;21/08 Research; set discovery schedule 1.50
3/21/08 Research; set discovery schedule 1.50
3/3 I/08 Document preparation 2.50
8.00
4/01/08 Trial preparation 2.00
4/01/08 Continue Trial preparation 2.00
4/03/08 Trial preparation 1,50
4/03/08 Continue Trial preparation 1.50
4/06/08 Trial preparation 2.50
4/07/08 Trial preparation 2.00
4/08/08 Attend hearing; conference with Assistant State 1.50
Attorney Centorino; conference with Rod
Vereen; draft memo; telephone conference with
client
4/09/08 Trial preparation 2.00
4/09/08 Contunue Trial preparation 2.00
4/10/08 Conference with client; trial preparation 1.50
5
Date Description Time Totals
4/21/08 Telephone conference with client; research; trial 2.00
preparation
4/22/08 Telephone conference with client; trial 2.50
preparation
4/23/08 Trial preparation 2,00
4/26/08 Trial preparation 1.50
4,26/08 Continue Trial preparation 1.50
4/30/08 Document preparation 1,00
29,00
6/04/08 Attend hearing; conference with Assistant State 2.00
Attorney Centorino; conference with Dante
Starks; draft memo; review discovery
6/05/08 Telephone conference with Joseph Geller; 1.30
deposition preparation
3.30
7/02/08 Research; telephone conference with client; draft 1.50
brief
7/27/08 Research; draft pleading 1.50
3.00
8/07/08 Review discovery 1.50
8/07/08 Continue review of discovery 1.50
8/16/08 Trial preparation 2.00
8/16/08 Continue trial preparation 2,00
8/28/08 Conference with Jim Greason; file review 2.00
9.00
9/01/08 Review discovery 2.00
9/02/08 Review discovery 1,00
9/05/08 Trial preparation 7.50
9/05/08 Trial preparation 2.50
6
Date Description Time Totals
9/08/08 Review documents 2.00
9/11/08 Telephone conference with client 1.00
9;13/08 Review deposition 1.00
9/13/08 Review deposition 1.00
9/14/08 Telephone conference with client; review file 0.40
9/15/08 Telephone conference with Miami Herald: trial 2.00
preparation
9/16/08 Conference with Assistant State Attorney 1.00
Centorino; attend hearing; conference with Rod
Vereen
9/24/08 Telephone conference with Assistant State 0.20
Attorney Centorino
9/26/08 Telephone conference with client; research FEC 1.20
9/26/08 Telephone conference with client; research FEC 1.20
9/29/08 Revise pleading; trial preparation 3.00
22.00
10/02/08 Review correspondence 0.20
10/06/08 Deposition preparation 1.50
10/10/08 Attend telephonic status conference; review file; 1.00
draft memo
10123/08 Telephone conference with client; review 2.00
depositions
4.70
•
11/12/08 Conference with Assistant State Attorney 0.80
Centorino
11/12'08 Meeting with Assistant State Attorney Joe L50
Centorino
11/14/08 Review discovery 2.00
11/15/08 Review discovery 2.00
7
Date Description Time Totals
11/18:08 Attend hearing; conference with Assistant State 2.00
Attorney Centorino; conference with Dante
Starks; draft memo; review FEC discovery
11/21/08 Deposition preparation 2.00
11/21/08 Continue deposition preparation 2.00
11/26/08 Deposition preparation 2.00
14.30
12/0308 Deposition preparation 2.00
12/06/08 Discovery review 1.50
12./08,08 Telephone conference with client 0.30
12/8/08 Telephone conference with client 0.30
12/18/08 Review discovery 1.50
12/20:08 Review discovery 2.00
12/27/08 Trial preparation; discovery review 2.00
9.60
1/07/09 Telephone conference with Assistant State 0.20
Attorney J. Centorino
1/12/09 Conference with Assistant State Attorney 0.50
Centorino; conference with Rod Vereen
1/17/09 Discovery preparation 2.00
2.70
2/02/09 Telephone conference with client 0.30
2/10/09 • Telephone conference with client 0.30
2,12/09 Draft pleadings 2.00
2/12/09 Draft pleadings 2,00
2, 13/09 Telephone conference with Assistant Attorney 2.00
General David Glantz; draft pleading; telephone
conference with DOAH; research
8
Date Description Time Totals
213/09 Telephone conference with Assistant Attorney 2.00
General David Glantz; draft pleading; telephone
conference with DOAH; research
2/16/09 Review file; trial preparation 2.00
2/1 6/09 Review tile; continue trial preparation 2,00
•
2/22/09 Deposition preparation 2.00
2:23/09 Telephone conference with Joseph Geller; 2.00
telephone conference with Judge Powell's
Chambers; deposition preparation
2/23/09 Telephone conference with Joseph Geller; 2.00
telephone conference with Judge Powell's
chambers; deposition preparation
2i25/09 Telephone conference with DOAH; research 2.50
21.10
3:19/09 Telephone conference with client; telephone 2.50
conference with Rod Vereen's office; review
discovery
3:30/09 Telephone conference with David Glantz; draft 1.00
pleading
330/09 Telephone conference with David Giant; draft 1.00
pleading
4.50
4/01/09 Draft pleading 1.00
4102/09 Telephone conference with David Glantz; 1.00
telephone conference with client; review pleading
4105/09 Research 1.50
4/05/09 Research 1.50
4/16/09 Trial preparation 2.00
7.00
6/09/09 Draft pleading 1.00
9
Date Description Time Totals
6/10/09 Telephone conference with Eric Lipman; review 1,50
documents; deposition preparation
6/11/09 Draft pleading; review discovery schedule; 2.00
review discovery; telephone conference with Eric
Lipman
6/13/09 Discovery review; case preparation 2.00
618/09 Telephone conference with Assistant State 3M0
Attorney Centorino; prepare for depositions
6/19/09 Deposition preparation; telephone conference 4.00
with Assistant State Attorney Centorino
6/20/09 Deposition preparation 2,50
6/21/09 Deposition preparation 2.50
6/22/09 Telephone preparation; telephone conference 4.00
with Rod Vereen; conference with Assistant State
Attorney Centorino
6/23/09 Deposition attendance 7.00
6/23/09 Prepare for depositions; file review; file pleading; 12.00
attend deposition; telephone conference with
client; draft pleading
6/24/09 Review discovery; review deposition materials 1.50
43.00
7/16/09 Deposition preparation; telephone conference 4,00
with client; attend deposition
717/09 Attend hearing; conference with Assistant State 1.50
Attorney Centorino; conference with defense
counsel; draft memo
7'19/09 Draft pleadings and telephone conference with 2.00
client
7/20/09 Draft pleadings and correspondence 2.20
7/20/09 Telephone conference with Eric Lipman; 3,00
deposition preparation
7/21/09 Attend deposition 4.00
10
Date Description Time Totals
7121/09 Deposition preparation; attend depositions 5.00
722/09 Telephone conference with client 0.50
777/09 Telephone conference with Assistant State 1.00
Attorney Centorino; telephone conference with
Marc Schnapp; draft memo
07/23/09 Telephone conference with Assistant State 2.00
Attorney Centorino; document preparation; draft
correspondence; deposition preparation
7/24/09 File pleadings; deposition preparation 2.50
727/09 Deposition preparation 2.00
7;28/09 Telephone conference with client; deposition 2.50
preparation
7/29/09 Review documents; organize files; review 4.00
deposition; deposition preparation
710/09 Deposition preparation; telephone conference 4.50
with client; telephone conference with Assistant
State Attorney Centorin;draft correspondence
731/09 Prepare for depositions; attend depositions; draft 6.00
pleading; document review
46.70
8/02/09 Trial preparation 2.00
8/07/09 Deposition preparation; attend hearing; 8.00
conference with Assistant State Attorney
Centorino; draft memo; attend depositions;
review transcripts
8/08/09 Draft pleadings 3.00
8/09/09 Draft pleadings; telephone conference with client 2.00
8:09/09 Deposition review 2.00
8/10/09 Finalize pleadings 3.00
8/13/09 Telephone conference with client 0.50
8:15/09 Telephone conference with client: deposition 1.50
review
II
Date Description Time Totals
8/17/09 Telephone conference with client; case work; 1.00
draft pleading
818/09 Case work; draft pleading; telephone conference 1.50
with client Judge Thornton's Chambers
8, 18/09 Telephone conference with State Attorney's 0.20
office
825/09 Attend telephonic FEC hearing; review file 1.00
8/29/09 Conference with Toni Pinder 0.30
8/31/09 Attend hearing; draft pleading 2.00
28.00
9/01/09 Case work 0.50
9/01/09 Telephone conference with Assistant State 2.00
Attorney Centorino; deposition preparation
9/04/09 Telephone conference with Worldwide 1.00
Reporting; review of depositions
9/09/09 Case work .80
9/10/09 Research; draft debarment letter 2.00
9/14/09 Draft correspondence 2.00
9/16/09 Revise correspondence; draft EPA response; 2.50
review discovery
9/17/09 Telephone conference with client; research; 2.50
revise correspondence
9/22/09 Attend hearing 1.50
925/09 Telephone conference with client; deposition 2.00
preparation
16.8
10/01/09 Review depositions; conference with Rod 2.00
Vereen; review; file; research tiling requirements
10/07/09 Research; review documents 7.00
10/11/09 Trial preparation 2,00
12
Date Description Time Totals
10/14/09 Telephone conference with Assistant State 1.50
Attorney Centorino; deposition preparation
10/15/09 Conference with Assistant State Attorney 1.30
Centorino; deposition preparation; discovery
review; draft
correspondence
10/17/09 Deposition preparation 2.00
10/19/09 Telephone conference with client 0.20
10/20/09 Deposition preparation I.00
10/20/09 Case work; deposition preparation 2.00
10/20/09 Continue deposition preparation 2.00
10/2 1/09 Deposition preparation; telephone conference 4.00
with Rod Vereen; attend depositions; telephone
conference with client
10/22/09 Attend depositions; deposition preparation; 2.00
conference with Assistant State Attorney
Centorino; telephone conference with Joseph
Geller; organize discovery
10/22/09 Deposition preparation; JAC work 0.50
10/23/09 Deposition review 1.00
10/23/09 JAC work 1.00
10/25.09 Deposition preparation 1.00
10/26/09 Deposition preparation 1.50
10/27/09 Deposition preparation 2,00
10/28/09 Deposition preparation 1.50
•
10/28/09 Deposition preparation; attend depositions 4.00
34.5
I 1/03/09 Attend hearing; client conference; conference 1.50
with Assistant State Attorney Centorino; set
deposition schedule
11/04/09 Telephone conference with client 0.20
13
Date Description Time Totals
11113/09 Telephone conference with client; case work 2.50
11/13/09 Telephone conference with Assistant State 2.00
Attorney Centorino; review deposition
preparation; draft pleadings
11/16/09 Telephone conference with Rod Vereen; 1.50
conference with Assistant State Attorney
Centorino; revise pleading
11/17109 Conference with Eric Lipman; draft pleading 1.00
11118/09 Deposition preparation 2.00
11/19/09 Review discovery; prepare for depositions 2.00
11/22/09 Deposition preparation 2.50
11/23/09 Deposition preparation; telephone conference 1.50
with Court Reporter; telephone conference with
Terence Pinder
11/24/09 Telephone conference with Paris London; 2.50
deposition preparation
11/25109 Telephone conference with Assistant State 2.50
Attorney Centorino; telephone conference with
Rod Vereen; telephone conference with client;
deposition preparation
11/27109 Research; telephone conference with client 1.00
11/28/09 Telephone conference with attorney R. vereen 0.20
11/30/09 Deposition preparation 4.00
12/01109 Prepare for deposition; attend deposition; 6.00
conference with Defense Counsel; conference
with Rod Vereen
12103/09 Court file review 1.50
12/06/09 Telephone conference with client; deposition 1.50
review
12/08/09 Conference with Assistant State Attorney 1.00
Centorino; attend hearing; conference with Paris
London; draft memo; conference with Paris
London
14
Date Description Time Totals
12/09/09 Draft pleadings; prepare for deposition; revise 3.00
pleading: telephone conference with Eric Lipman
12/10/09 Telephone conference with FEC Eric Lipman; 1.00
revise memo; revise pleading
12/11/09 Telephone conference with client; revise 2.00
pleading: review depositions; review FEC tile
12/14/09 Telephone conference with client; deposition 3,50
preparation
12/15/09 Deposition preparation; conference with Legal 8.00
Team; conference with Assistant State Attorney
Centorino; telephone conference with client;
attend deposition
12/16,109 Conference with Assistant State Attorney 0.30
Centorino
12/21/09 Telephone conference with Assistant State 0.20
Attorney
Centorino
12/24,09 Case preparation; deposition review 2.00
56.9
1/05/10 Telephone conference with Paris London; review 2.00
discovery
1/06/10 Telephone conference with client 0.30
1/08/10 Deposition preparation 2.00
1,0810 Draft pleading; case work 1.00
111/10 Telephone conference with client; deposition 2.50
preparation
1/12/10 Case work; draft correspondence; telephone 2.00
conference with Assistant State Attorney
Centorino
1/12/10 Deposition preparation; telephone conference 2.00
with Assistant State Attorney Centorino
1/14/10 Conference with Paris London 1.00
15
Date Description Time Totals
1/15/10 Conference with Assistant State Attorney 0.50
Centorino
1/20/10 Case preparation; telephone conference with 2.00
client
1/21/10 Attend hearing; client conference; draft memo; 1.00
telephone conference with client
16.3
4/29/10 Telephone conference with Joseph Geller; 2.00
deposition preparation
2.00
5/01/10 Discovery review 2.00
5/03/10 Review deposition; draft correspondence; 1.00
telephone conference with client; review
discovery
5/09/10 Telephone conference with client; review 1.00
discovery
4.00
6/11/10 Telephone conference with client 0,50
6/23/10 Attend hearing; conference with counsel; client 1.00
conference; draft memo
6/24/10 Telephone conference with Paris London; case 2.00
preparation
6/29/10 Trial preparation 1.00
4.50
7/04/10 Review discovery; trial preparation 4.00
7/08/10 Trial preparation; telephone conference with Eric 1.50
Lipman
7/23/10 Revise pleading 1.00
7/26/10 Telephone conference with FEC 0.10
7/28/10 Attend telephonic hearing; draft memo 1.00
7.60
16
Date Description Time Totals
TOTAL HOURS 471.2
471.2 hours x $450.00 per hour(discounted hourly fee)=$212,040.00
17
BILLING RECORDS
CASE #: 08-019352D
LAW OFFICE OF BENEDICT P. KUEHNE, P.A.
CASE FILE BILLING RECORDS
Re: State v. Pinder
Miami-Dade Circuit Case No. F08-019352D
[ Date Description —7- Time Monthly
Totals
11/02/10 Case Status 2.00
11/03/10 Review Information 4 00
11/19/10 Status conference; conference with 3.00
co-counsel
11/22/10 Telephone conference with Assistant 4.00
State Attorney Joe Centorino;
conference with Rod Vereen; review
discovery
11/24/10 Deposition preparation 3.00
Monthly Total t_16.00
12/02/10 Case preparation; analyze predicate 3.50
acts
12/07/10 Telephone conference with Miami 4.00
Herald; telephone conference with
Miriam; status re: counsel
12/14/10 Case preparation 4.50
12/15/10 Prepare affidavits; case preparation 3.00
12/20/10 Case preparation 2.50
12/21/10 Hearing re: indigency 1.50
Monthly Total 19.00
1/05/11 Telephone conference with Eric 0.30
Lipman, FEC
1/06/11 Case analysis 4.00
Monthly Total 4.30
3/03/11 Conference with Assistant State 1.00
Attorney Joseph Centorino and Karl
Ross; case preparation
3/11/11 Attend hearing; client conference; 2.50
conference with defense counsel
3/20/11 Deposition preparation
3/22/11 Draft pleading F 1.00
3/23/11 Draft pleading 0.40
Monthly Total ' 6.40
4/02/11 Deposition preparation; research; 2.50
motion to dismiss
1
-Date Description Time , Monthly
Totals
4/04/11
4/14/11 Telephone conference with Eric
Lipman, FEC; telephone conference
with client 0.50
Telephone conference with Assistant 0.50
State Attorney Joseph Centorino
4/19/11 Telephone conference with client; 0,80
telephone conference with State
Attorney's Office; case work
1---
4/24/11 Discovery production 2.00
4/25/11 Trial preparation 2.50
4/26/11 Telephone conference with Assistant 0.50
State Attorney Joseph Centorino:
]
case work
4/28/11 Telephone conference with client; 1.50 1--
case preparation
Monthly Total 10.80
2/01/13 Trial preparation 2.00
2/04/13 Attend hearing; draft memorandum; 1.00
client conference; discovery review
2/05/13 Telephone conference with client; 4.00
case preparation
2/07/13 Case preparation 2.50
2/12/13 Attending hearing; arrange deposition; 1.00
draft memorandum
2/15/13 Review Dr, Nwadike file -- z-f.-6-6-
2/19/13 Dr. Nwadike file summary 13.10
2/21/13 Review Dr. Nwadike file; research; 6.00
eliminate conflict
2/28/13 Attend hearing; client conference; 1,00
deposition preparation
Monthly Total 1 25.50
3/08/13 Analyze Dr. Nwadike file ' 3.90
3/10/13 Deposition preparation 2.00
• 3/11/13 Deposition preparation; telephone 3.00
conference with Larry Besser
3/12/13 Review witness files 0,50 1---
3/19/13 Analyze witness files 2.30 -- --
Monthly Total i 11.70
t
4/04/13 Analyze witness summaries 2.50 —
4/10/13 Conference with Rod Vereen; case 4.00
preparation
4/17/13 Telephone conference with client 0.20 -
2
f Date Description --T Tim-ie Monthly
Totals
4/29/13 Telephone conference with State 1.50
Attorney's Office; case preparation;
telephone conference with client; draft
document; draft Notice; telephone
conference with Judge's Chambers
4--
4/30/13 Attend hearin•; draft •leadin• ' 1.50
Monthly Total 9.70
5/7/13 Deposition preparation; draft 2.00
deposition notice and subpoena
5/15/13 Deposition preparation 2.50
5/21/13 Deposition preparation; conference 4.00
with Assistant State Attorney Breezye
Telfair
5/22/13 Deposition preparation; trial 2.00
preparation
5/23/13 Attend hearing; case conference with 4.00
Ron Vereen; trial preparation
5/25/13 Deposition preparation 1.00
5/28/13 Conference with Larry Besser; client 6.00
conference; deposition preparation
5/28/13 Deposition preparation 4.00
5/29/13 Deposition preparation 6.00 _
5/30/13 Attend deposition; case preparation; 10.00
research
5/31/13 Conference with Assistant State 1.50
Attorney Breezye Telfair; case
preparation; attend court hearing
Monthly Total j 43.00
6/03/13 Case preparation; research predicate 4.00
acts
_--4
6/10/13 Research: essential elements of 4.00
predicate acts
6/15/13 Research: unlawful compensation 4.50
issues; research: predicate acts
Monthly Total 12.50
7/03/13 Attend hearing; client conference; 1.00
draft pleading
7/22/13 Telephone conference with client 0.30
7/24/13 , Deposition preparation 1.50
7/26/13 Deposition preparation; draft 2.00 r_________
deposition notice
.
7/31/13 Telephone conference with client; 1.00
deposition preparation
3
Date Description Time Monthly
Totals
Monthly Total 5.80
8/07/13 Case preparation 1.00
---t
8/12/13 Telephone conference with client; 1.00
case preparation; deposition
preparation
8/13/13 Attend hearing; draft memorandum; 1.00
client conference
8/27/13 Case preparation 1.00
8/30/13 Attend hearing 1.50
8/31/1-3 Case preparation 2.00
Monthly Total 7.50
9/04/13 Case preparation; telephone 2.00
conference with Ed Tapanes;
deposition preparation; telephone
conference with client; revise witness
list.
9/16/13 Telephone conference with Assistant 1.00
State Attorney Timothy
VanderGiesen; draft pleading
9/24/13 Telephone conference with State 0.50
Attorney's Office
Monthly Total 3.50
10/01/13 Attend status conference; conference 1.00
with defense counsel; conference with
Assistant State Attorney Miesha
Darrough
10/08/13 Telephone conference with State 1.00
Attorney's Office; deposition
preparation
10/15/13 Conference with client, Assistant 0.50
State Attorney Timothy VanderGlesen
and Meisha Darrough
10/20/13 Telephone conference with Marcia 3.50
Haffenden re deposition settings and
exhibits; draft pleading; deposition
1- preparation
10/21/13 Deposition preparation; attend 11.00
deposition
Monthly Total 7.00
11/02/13 Telephone conference with Deborah 0.30
Irby
11/02/13 Research; draft pleadings 3.00 _
4
Date Description Time Monthly
Totals
11/04/13 Conference with Rod Vereen;
2.00
research: motions to dismiss; draft
pleadings.
11/05/13 Attend hearing; conference with 2.00
Assistant State Attorney Miesha
Darrough; conference with defense
counsel,
11/07/13 Case preparation; draft pleadings 2.00
11/09/13 Trial preparation; draft pleadings 8.00
11/10/13 Case preparation 3.00
11/11/13 Case preparation J.00
11/12/13 Telephone conference with client; I 4.50
telephone conference with Dr. Tom
Pinder; case preparation; draft
pleadings; research; client conference
11/12/13 Client conference 0.80
11/13/13 Case preparation; witness preparation 3,00
11/14/13 Case preparation; debriefing from 4.00
depositions; telephone conference
with Joseph Geller
11/14/13 Deposition preparation 7.00
11/15/13 Trial preparation; deposition 4.00
preparation
11/18/13 Telephone conference with Ms. 0.10
Deborah Irby
11/19/13 Trial preparation; telephone message 3.80
with Deborah Irby; telephone
conference with Terence Pinder and
Jo Ann Clark
11/20/13 Conference with client; conference 4.00
with Joseph Geller; trial preparation
11/21/13 Telephone conference with Deborah 0.20
Irby
11/22/13 Trial preparation ; telephone 3.10
conference with Jo Ann Clark
regarding attendance confirmation for
- deposition
11/24/13 Deposition preparation; witness 3.00
preparation
11/25/13 Telephone conference with Joseph 5.70
Geller; deposition preparation; draft
memo regarding waiver of defense;
trial preparation
5
1--- Date Description I Time ' Monthly 1
Totals
11/26/13 Attend deposition; case preparation; 12.90
State Attorney conference; Deposition
ire.aration (2 lawyers)
-I-
.
11/27/13 Case preparation; telephone 4.00 -4
conference with Joseph Geller
11/28/13 Trial preparation 2.00 7--
11/29/13 Trial preparation i 3.50
11/30/13 Case ere.aration 2.50
Monthly Total 91.40
12/01/13 Trial •re.aration 6.00
12/02/13 Review Faustin Denis sworn 6.00
statement; trial preparation
12/02/13 Review Faustin Denis Plea 0.50
A.reement
12/04/13 Telephone conference with client; trial 4.00
preparation; telephone conference
, with State Attorney's Office; telephone
conference with Rod Vereen
12/04/13 Telephone conference with client; 1.20
telephone conference with plaintiffs
attorney; telephone conference with
Susan Dmitrovsky; research; trial
preparation
12/05/13 Attend hearing; conference with State 2.00
Attorney's Office; conference with Rod
Vereen and client; case preparation
12/06/13 Research; motions to dismiss; review 3.00
depositions
12/07/13 Motion hearing preparation 2.00
4-
12/11/13 Draft pleadings; trial preparation; 4.00
telephone conference with Joshua
Cole, Justice Administrative
Commission
12/13/13 Trial preparation; review pleading; 4.20
research; Review state responses to
motion to dismiss
12/15/13 Case preparation 14.00
12/17/13 Telephone conference with Terence ' 0.90
Pinder regarding ethics letter
12/18/13 Telephone conference with Rod 2.00
Vereen; review pleading; research; ex
•arte motion
12/19/13 Review court order; deposition review 2.00
12/20/13 Case •reiaration 2.50
6
Date Description Time Monthly
Totals
12/21/13 Review deposition transcripts 2.50 _ __ _'
12/23/13 Case preparation 4.00
12/24/13 Case preparation 4.00
12/26/13 Case preparation; deposition review 4.50
_
12/28/13 . Case preparation 3.00
12/29/13 Case preparation 4.00
12/30/13 Telephone conference with client; trial 2.00
preparation
12/31/13 Case preparation 3.00
Monthly Total 71.30 71.30
1/03/14 Case preparation 3.00
1/06/14 Telephone conference with client; 5.00
review amended information; trial
preparation ___ __
1/07/14 Attend hearing; conference with State 3.00
Attorney's Office; telephone
conference with client; research;
motion to dismiss
1/09/14 Trial preparation; draft deposition 2.00
notice; telephone conference with
Judge's Chambers
1/10/14 Telephone conference with client; 1.50
draft pleading
1/12/14 Case preparation; deposition 3.00
preparation
1/15/14 Draft pleading; trial preparation 2.00
1/17/14 Attend hearing; draft motion to compel 1.60
1/20/14 Trial preparation 3.00 --1-
1/21/14 Research; case preparation 2.50
1/22/14 Draft •leadin.; trial •re•aration 2.50
4--
1/23/14 Case preparation 4.00 ,
1/24/14 Case preparation i 4.00
1/25/14 Case preparation 6.00
1/26/14 Case preparation 5.00
1/27/14 Case preparation 5.00
hi/28/14 Case preparation 4.00
1/29/14 Trial preparation; review supplemental 3.00 J
discovery
1/30/14 Trial preparation 4.00
1/30/14 Case preparation; telephone 4,00
conference with Dante Starks;
I telephone conference with client
7
Date Description
Time Monthly
Totals
1/31/14 Case preparation; attend hearing; r 8.50
Legal Team conference; settlement
negotiations
Monthly Total 76.60
2/01/14 Research: Governor suspension and 4.00
revocation.
2/02/14 Research: Emoluments 1.00
2/03/14 Court hearing; conference with client 4.00 _
2/19/14 Telephone conference with Susan 0.30
Dmitrovsky
2/23/14 Telephone conference with client; 0.50
research
2/27/14 Draft motion to waive cost; emails to 0.80
SAO
Monthly Total 10.60
3/02/14 Telephone conference with client and 2,00
Dante Starks
3/08/14 Conference with Judge's Chambers 0.60
regarding hearing date; file motion
3/09/14 File review 1.00
3/12/14 Hearing preparation 0.40
3/13/14 Attend hearing 2.30
3/19/14 Attend hearing on motion to waive 1.00
costs
3/21/14 Telephone conference with client 0.30
regarding motion to waive cost,
discussed withdrawing it for fear of
harassment by the State
3/26/14 Attend hearing 1.20
Monthly Total 8.80
GRAND TOTAL 436.40 441.40
TOTAL HOURS 441.40 X $450.001DISCOUNTED ATTORNEY FEE) = $198,630.00_,
8