The URL can be used to link to this page

Home My WebLink About2021.03.02_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers, Old Central Building 109 North Birch, Owasso, OK TUESDAY, March 2, 2021 - 6:30 PM 1. Call to Order Mayor Bill Bush 2. Roll Call RECEIVED FEB 26 2021 City Clerk's Office 3. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - February 16, 2021, Regular Meeting B. Approve claims C. Approve Early Retirement benefits for Jeffrey Bain through the Oklahoma Municipal Retirement Fund 4. Consideration and appropriate action relating to items removed from the Consent Agenda 5. Consideration and appropriate action relating to an amendment to the construction contract between Crossland Heavy Contractors Inc. and the Owasso Public Works Authority for the Wastewater Treatment Plant and Main Plant Lift Station Expansion Project Roger Stevens Staff recommends amending the construction contract by adding the City of Owasso as a third party and authorization to execute the necessary documents. 6. Report from City Manager Monthly Public Works Project Status Report 7. Report from City Attorney 8. Report from City Councilors 9. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date February 13, 2021 • Health Care Self- Insurance Claims - dated as of February 25, 2021 • Oklahoma Department of Environmental Quality Permit No. SL000072210079 for Abbott Farms Phase III Sanitary Sewer Line Appurtenances • Oklahoma Department of Environmental Quality Permit No. WL000072210080 for Abbott Farms III Potable Water Line Extension 10. Consideration and appropriate action relating to a request for an executive session, as provided for in Title 25, O.S. § 307(B)(4), for the purpose of discussing confidential communications between the City Council and its Attorney concerning payment of court ordered fees to Christopher Camp, Attorney, resulting from litigation styled, Patrick D. Ross vs. City of Owasso, CV- 2013 -00898 Julie Lombardi Owasso City Council March 2, 2021 Page 2 11. Consideration and appropriate action relating to the payment of court ordered fees in the amount of $129,500.00 to Christopher Camp, Attorney, resulting from litigation styled, Patrick D. Ross vs. City of Owasso, CV- 2013 -00898 Julie Lombardi 12. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 13. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 11, 2020, and the Agenda posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, February 26, 2020. Juliann M. Stevens, City Clerk The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918 - 376 -1502 or by email to istevens @citvofawosso.com OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, February 16, 2021 The Owasso City Council met in regular session on Tuesday, February 16, 2021, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed Friday, December 11, 2020; the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, February 12, 2021; and, the notice of Addendum filed in the office of the City Clerk and posted at said City Hall, at 5:00 pm on Monday, February 15, 2021. As a result of the extension of temporary emergency provisions relating to the Oklahoma Open Meeting Act, some members of the City Council attended the meeting Via Teleconferencing and this meeting was available for public viewing through YouTube Live Stream [Title 25, Ok. Stat. 307.1(C) (2) ]. 1. Call to Order Mayor Bill Bush called the meeting to order at 6:30pm. 2. Invocation The Invocation was offered by Warren Lehr, City Manager. 3. Flag Salute Mayor Bill Bush led the flag salute. 4. Roll Call Present Absent Mayor- Bill Bush None Vice Mayor- Kelly Lewis via teleconference Councilor - Chris Kelley via teleconference Councilor- Doug Bonebrake via teleconference Councilor - Lyndeii Dunn via teleconference A quorum was declared present. Staff: City Manager- Warren Lehr City Attorney - Julie Lombardi 5. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - February 2, 2021, and February 9, 2021, Regular Meetings B. Approve claims C. Approve Deferred Retirement benefits for Douglas Knapp through the Oklahoma Municipal Retirement Fund D. Approve Resolution 2021 -03, amending the Metropolitan Environmental Trust (M.e.t.) Indenture, of which the City of Owasso is a beneficiary, to include the City of Wagoner as an additional beneficiary E. Approve and authorize the execution of the 2020 -2021 Community Development Block Grant (CDBG) Program Contract for Public Improvements with the Board of County Commissioners of Tulsa County for Hale Acres Sanitary Sewer Line Rehabilitation F. Accept a grant from Oklahoma Municipal Assurance Group in the amount of $4,787.50, and approve a budget amendment in the General Fund increasing the estimated revenue and the appropriation for expenditures in the Public Works Department by $4,787.50 Owasso City Council February 16, 2021 Page 2 Mr. Bonebrake moved, seconded by Mr. Dunn to approve the Consent Agenda, as presented with claims totaling $190,785.29. YEA: Bonebrake, Dunn, Kelley, Lewis, Bush NAY: None Motion carried: 5 -0 6. Consideration and appropriate action relating to items removed from the Consent Agenda None 7. Consideration and appropriate action relating to a change order for the East 1161h Street North and North 129th East Avenue Intersection Improvement Project Dwayne Henderson presented the item, recommending approval of Change Order No. 6, in the amount of $27,756.98 (City of Owasso's share) for additional pavement quantities, and authorization to execute the necessary documents. There were no citizen comments submitted to the City Clerk. After discussion, Mr. Bonebrake moved, seconded by Mr. Kelley to approve Change Order No. 6 and authorize execution of the documents, as recommended. YEA: Bonebrake, Dunn, Kelley, Lewis, Bush NAY: None Motion carried: 5 -0 8. Consideration and appropriate action relating to a request for a Specific Use Permit (SUP) 20- 04 for Criterion, multi -use building, containing approximately 1.54 acres and located south of 11422 North 134th East Avenue Alexa Beemer presented the item, recommending approval of SUP 20 -04. There were no citizen comments submitted to the City Clerk. A representative of the applicant answered City Council questions. After discussion, Mr. Kelley moved, seconded by Mr. Bonebrake to approve SUP 20 -04, as recommended. YEA: Bonebrake, Dunn, Kelley, Lewis, Bush NAY: None Motion carried: 5 -0 Consideration and appropriate action relating to a request for a Specific Use Permit (SUP) 21- 01 for Trinity Presbyterian Church, containing approximately 14.91 acres and located at the northwest corner of East 761h Street North and North Memorial Drive Alexa Beemer presented the item, recommending approval of SUP 21 -01, subject to the following conditions: • The signage on the property will be limited to two (2) monument signs, each to not exceed eight (8) feet in height. • Upon development of the north section of the property, a sidewalk will be required along the entire length of the eastern property line (Memorial Drive). • A barrier must be placed along the southern edge of the site's detention pond to deter children from entering the pond area. This barrier can consist of either fencing or landscaping. *Councilor Chris Kelley left the meeting at 6:50 pm* There were no citizen comments submitted to the City Clerk. The applicant answered City Council questions. After discussion, Mr. Dunn moved, seconded by Mr. Bonebrake to approve SUP 21 -01 with conditions, as recommended. YEA: Bonebrake, Dunn, Lewis, Bush NAY: None Motion carried: 4 -0 Owasso City Council February 16, 2021 Page 3 *Councilor Chris Kelley returned to the meeting at 6:53 pm* 10. Consideration and appropriate action relating to a request for a Specific Use Permit (SUP) 21- 02 for Warren Clinic, medical facility, containing approximately 11.48 acres and located northeast of the intersection of US Highway 169 and East 116th Street North Karl Fritschen presented the item, recommending approval of SUP 21 -02. There were no citizen comments submitted to the City Clerk. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to approve SUP 21 -02, as recommended. YEA: Bonebrake, Dunn, Kelley, Lewis, Bush NAY: None Motion carried: 5 -0 11. Report from City Manager Warren Lehr introduced Roger Stevens to report on Public Works activity resulting from severe winter storms. 12. Report from City Attorney None 13. Report from City Councilors Councilor Bonebrake commented on staff efforts during the winter weather event. 14. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) The Mayor acknowledged receipt of the following: • Payroll Payment Report - Pay Period Ending Date January 30, 2021 • Health Care Self- Insurance Claims - dated as of February 11, 2021 • Monthly Budget Status Report - January 2021 15. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None 16. Adjournment Mr. Kelley moved, seconded by Ms. Lewis to adjourn the meeting. YEA: Bonebrake, Dunn, Kelley, Lewis, Bush NAY: None Motion carried: 5 -0 and the meeting adjourned at 7:07 pm. Bill Bush, Mayor Juliann M. Stevens, City Clerk Claims List - 3/2/2021 Fund Vendor Name Payable Description Payment Amount 01 GENERAL PDG, INC. FUNTASTIC SPLASH PAD $8,800.00 FUNTASTIC SPLASH PAD -Total ($58.91) $8,800.00 AEP /PSO ELECTRIC USE $354.67 JPMORGAN CHASE BANK AMAZON- REFUND ($1,010.79) JPMORGAN CHASE BANK AMAZON- SUPPLIES $97.90 JPMORGAN CHASE BANK AMAZON- UNIFORM $90.98 JPMORGAN CHASE BANK AMAZON -WALL MOUNT $33.49 JPMORGAN CHASE BANK HOBBY LOBBY - SUPPLIES $7.78 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $161.30 JPMORGAN CHASE BANK LA POLICE - REFUND ($141.98) JPMORGAN CHASE BANK MIDWEST VET - SUPPLIES $28161 JPMORGAN CHASE BANK OREILLY- SUPPLIES $22.38 JPMORGAN CHASE BANK WATERSTONE- CLEANING $41.75 GEN ANIMAL CONTROL -Total ($58.91) AEP /PSO ELECTRIC USE $20.73 JPMORGAN CHASE BANK LOWES -TARP $15.98 UNIFIRST HOLDINGS LP UNIFORM SERVICE $19.32 GEN CEMETERY -Total $56.03 DH PACE COMPANY INC SERVICE $4,963.00 GEN COMM CTR CENA GRANT -Total AMAZON -HAND SANITIZER $4,963.00 JPMORGAN CHASE BANK AMAZON- SUPPLIES $5.99 JPMORGAN CHASE BANK DOLLAR TREE -BINGO PRI $21.00 JPMORGAN CHASE BANK PARKS COFFEE- COFFEE $38.24 JPMORGAN CHASE BANK SAMS -BINGO PRIZES $26.12 GEN COMM CTR DONATIONS -Total $91.35 AEP IPSO ELECTRIC USE $440.20 JPMORGAN CHASE BANK AMAZON -HAND SANITIZER $37.22 JPMORGAN CHASE BANK AMAZON- REFUND ($17.30) JPMORGAN CHASE BANK AMAZON- SPONGES $6.74 JPMORGAN CHASE BANK AMAZON- SUPPLIES $362.92 JPMORGAN CHASE BANK AMAZON - TRASHCANS $239.94 JPMORGAN CHASE BANK COX -WIFI $69.00 JPMORGAN CHASE BANK DELL - EQUIPMENT $96.38 JPMORGAN CHASE BANK DELL - LAPTOP DOCK $221.15 JPMORGAN CHASE BANK DELL - MONITORS $370.98 JPMORGAN CHASE BANK QUIT BUGGIN -PEST CONT $95.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $86.84 JPMORGAN CHASE BANK WOOT -PCS $1,443.68 JPMORGAN CHASE BANK WOOT- REFUND ($187.70) SUMNERONE INC CONTRACT BASE RATE FOR FE $151.00 1 Claims List - 3/2/2021 Fund Vendor Name Payable Description Payment Amount 01 GENERAL SUMNERONE INC CONTRACT OVERAGE FOR $79.45 JANU GEN COMMUNITY CENTER -Total $3,495.50 JPMORGAN CHASE BANK MYELECTRICAL- SUPPLIES $60.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $14.40 GEN COMMUNITY DEVELOPMENT - Total $74.40 JPMORGAN CHASE BANK ATWOODS- ANTIFREEZE $14.95 JPMORGAN CHASE BANK ATWOODS- UNIFORM $165.97 JPMORGAN CHASE BANK BA ELECTRIC - LIGHTS $513.76 JPMORGAN CHASE BANK CANVA- ADVERTISING APP $25.90 JPMORGAN CHASE BANK CORNERSTONE -ICE MELT $169.90 JPMORGAN CHASE BANK CORNERSTONE - PROPANE $10.37 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $51.96 GEN CULTURE &RECREATION -Total $952.83 JPMORGAN CHASE BANK OEDC -RENEW FEE $350.00 JPMORGAN CHASE BANK OK ACADEMY -RENEW FEE $150.00 GEN ECONOMIC DEV -Total $500.00 AEP /PSO ELECTRIC USE $76.09 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $146.99 JPMORGAN CHASE BANK VVEC -STORM SIREN ELEC $93.40 GEN EMERG PREPAREDNESS -Total $318.48 JPMORGAN CHASE BANK FEDEX- COPIES $545.28 UNIFIRST HOLDINGS LP UNIFORM SERVICE $29.56 UNITED STATES CELLULAR PW CELL PHONE $57.39 CORPORATION GEN ENGINEERING -Total $632.23 JPMORGAN CHASE BANK AMAZON -HARD DRIVE $75.52 JPMORGAN CHASE BANK AMAZON -RAM UPGRADE $143.99 JPMORGAN CHASE BANK EVERCLEAN- CLEANING $900.00 JPMORGAN CHASE BANK OFFICE DEPOT -MOUSE $17.99 JPMORGAN CHASE BANK SAMS- SUPPLIES $17.92 GEN FINANCE -Total $1,155.42 AEP /PSO ELECTRIC USE $2,099.03 BH MEDIA HOLDING GROUPS, INC NEWSPAPER POSTINGS $99.84 ELIZABETH ANNE CHILDS GENERAL LEGAL SERVICES, M $1,515.00 JPMORGAN CHASE BANK AMER WASTE -SVC FEE $90.09 JPMORGAN CHASE BANK SAMS- SUPPLIES $63.94 JPMORGAN CHASE BANK STAPLES - SUPPLIES $149.95 MAILROOM FINANCE INC POSTAGE $1,000.00 GEN GENERAL GOVERNMENT -Total $5,017.85 AEP IPSO ELECTRIC USE $73.86 2 Claims List - 3/212021 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK INTERSTATE - BATTERY $2.40 GEN HISTORICAL MUSEUM -Total $76.26 AMERICANCHECKED, INC ATTN: BILLING BACKGROUND CHECKS $282.35 COMMUNITYCARE EAP EAP $892.32 JPMORGAN CHASE BANK AMAZON- SUPPLIES $113.74 JPMORGAN CHASE BANK FASTSIGNS- ADVERT $88.33 JPMORGAN CHASE BANK MOBILE ID SOL- SUPPLIE $82.01 JPMORGAN CHASE BANK OFFICE DEPOT - KEYBOARD $49.99 JPMORGAN CHASE BANK PREDICTIVEINDEK -FEE $2,988.00 JPMORGAN CHASE BANK STRATA - CHARACTER MAG $1,096.71 GEN HUMAN RESOURCES -Total SAV ON- PRINTING $5,593.45 JPMORGAN CHASE BANK E REPLACEMENT - SUPPLIE $19.47 JPMORGAN CHASE BANK ESRI -ARC GIS $1,600.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $33.67 GEN INFORMATION TECH -Total $1,653.14 JPMORGAN CHASE BANK CTR EXEC & PROF -FEE $400.00 JPMORGAN CHASE BANK CUSTOM CRAFT- ENGRAVIN $40.00 JPMORGAN CHASE BANK EMPL RECOG $25.00 JPMORGAN CHASE BANK MEETING EXPENSE $97.96 JPMORGAN CHASE BANK NFPA -FEE $175.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $11.49 JPMORGAN CHASE BANK OK ACADEMY -DUES $150.00 JPMORGAN CHASE BANK OWASSO CHAMBNER -FEE $60.00 JPMORGAN CHASE BANK SAV ON- PRINTING $175.00 JPMORGAN CHASE BANK THE TABLE GROUP -FEE $37.50 GEN MANAGERIAL -Total $1,171.95 JPMORGAN CHASE BANK AMAZON- SUPPLIES $20.19 JPMORGAN CHASE BANK EVERCLEAN - CLEANING $900.00 JPMORGAN CHASE BANK LOWES- SUPPLIES $49.45 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES $6.09 YOUTH SERVICES OF TULSA YOUTH COURT $4,125.00 GEN MUNICIPAL COURT -Total $5,100.73 AEP /PSO ELECTRIC USE $1,840.16 JPMORGAN CHASE BANK ATWOODS- FITTING $3.49 JPMORGAN CHASE BANK CORNERSTONE -PARTS $16.14 JPMORGAN CHASE BANK CORNERSTONE - SILICONE $5.69 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $156.89 JPMORGAN CHASE BANK LOCKE -PARTS $30.07 JPMORGAN CHASE BANK LOWES -PARTS $9.12 ROGERS COUNTY RURAL WATER CENTENNIAL PARK WATER $283.26 DISTRICT SER 3 Claims List - 3/2/2021 Fund Vendor Name Payable Description Payment Amount 01 GENERAL UNIFIRST HOLDINGS LP PARKS STAFF UNIFORMS $52.48 WASHINGTON CO RURAL WATER MCCARTY PARK WATER $36.00 DISTRICT GEN PARKS -Total $2,433.30 WAUSAU TILE, INC. MEMORIAL BENCH $1,471.52 GEN PARKS PUB ART BENCHES -Total LOWES - BLADES $1,471.52 AEP IPSO ELECTRIC USE $205.89 DEPARTMENT OF PUBLIC SAFETY OLETS $350.00 JPMORGAN CHASE BANK APCO - TRAINING $903.00 JPMORGAN CHASE BANK INTERSTATE - REPAIR $63.80 JPMORGAN CHASE BANK NENA -DUES $142.00 JPMORGAN CHASE BANK OUEENSBORO- UNIFORM $115.42 JPMORGAN CHASE BANK SAMS- SUPPLIES $52.81 JPMORGAN CHASE BANK WALMART - PRISON BOARD $43.68 TREASURER PETTY CASH NOTARY RENEW -WOODS $20.00 TREASURER PETTY CASH NOTARY - TURRENTINE $10.00 TREASURER PETTY CASH NOTARY -WOODS $10.00 GEN POLICE COMMUNICATIONS -Total $1,916.60 JPMORGAN CHASE BANK ATWOODS- UNIFORM $52.49 JPMORGAN CHASE BANK LOWES - BLADES $42.18 JPMORGAN CHASE BANK LOWES- BRUSHES $6.72 JPMORGAN CHASE BANK OREILLY -BLUE DEF $119.99 JPMORGAN CHASE BANK SITEONE- CHEMICALS $51.23 JPMORGAN CHASE BANK STANDARD SPLY- REPAIR $153.28 JPMORGAN CHASE BANK TIMMONS -DEF $74.72 SPIRIT LANDSCAPE MANAGEMENT LLC LANDSCAPE MAINT $626.25 UNIFIRST HOLDINGS LP UNIFORM SERVICE $115.88 GEN STORMWATER -Total $1,242.74 JPMORGAN CHASE BANK At NATL FIRE - SERVICE $1,246.00 JPMORGAN CHASE BANK ALARM BILL -SVC $90.00 JPMORGAN CHASE BANK AMAZON- SCRUBBER $39.98 JPMORGAN CHASE BANK AMAZON -WATER FILTER $180.94 JPMORGAN CHASE BANK DORMAKABA- REPAIR $168.00 JPMORGAN CHASE BANK HESSELBEIN -TIRES $170.86 JPMORGAN CHASE BANK LOCKE- LIGHTS $16.80 JPMORGAN CHASE BANK LOWES- SUPPLIES $45.04 JPMORGAN CHASE BANK STAPLES- SUPPLIES $29.99 UNIFIRST HOLDINGS LP UNIFORM RENTAL $23.60 GEN SUPPORT SERVICES -Total $2,011.21 TREASURER PETTY CASH CC REFUND - CARLIN $50.00 TREASURER PETTY CASH CC REFUND - COLLIER $50.00 4 Claims List - 3/2/2021 Fund Vendor Name Payable Description Payment Amount 01 GENERAL TREASURER PETTY CASH CC REFUND - SCHAFFITZEL $100.00 TREASURER PETTY CASH CC REFUND- WADLEY $50.00 TREASURER PETTY CASH CC REFUND -WEST $100.00 GENERAL -Total $350.00 JPMORGAN CHASE BANK BA ELECTRIC- CONDUIT $2,637.50 POLICE OBSERVATION TOWER -Total $2,637.50 GENERAL -Total $51,656.58 20 AMBULANCE SERVICE JPMORGAN CHASE BANK AMAZON- ADAPTERS $33.56 JPMORGAN CHASE BANK BEST BUY - ACCESSORIES $1,557.99 JPMORGAN CHASE BANK CAPTL WASTE- MEDICAL W $80.00 JPMORGAN CHASE BANK FEDEX- POSTAGE $165.05 JPMORGAN CHASE BANK FEDEX- REFUND ($19.05) JPMORGAN CHASE BANK HENRY SCHEIN- CREDIT ($75.80) JPMORGAN CHASE BANK HENRY SCHEIN- SUPPLIES $488.00 JPMORGAN CHASE BANK INDUST NETWORK - ANTENN $555.20 JPMORGAN CHASE BANK INTERSTATE - BATTERIES $156.00 JPMORGAN CHASE BANK LIFE ASSIST INC -SUPPL $1,119.79 JPMORGAN CHASE BANK LIFE ASSIST- SUPPLIES $153.20 JPMORGAN CHASE BANK LOWES -PARTS $16.46 JPMORGAN CHASE BANK LOWES - SUPPLIES $9.28 JPMORGAN CHASE BANK NSC -TOOLS $359.38 JPMORGAN CHASE BANK S ANESTHESIA - SUPPLIES $104.58 JPMORGAN CHASE BANK SUMNERONE - COPIES $63.29 JPMORGAN CHASE BANK WALMART- ADAPTER $19.00 MEDICLAIMS INC BILLING SERVICES $13,995.00 TOTAL RETURNS, INC. RX DISPOSAL $379.00 AMBULANCE -Total $19,159.93 TREASURER PETTY CASH SR AMB REF - HENDERSON $20.40 TREASURER PETTY CASH SR AMB REF - WATKIN TRS $20.40 AMBULANCE SERVICE -Total $40.80 AMBULANCE SERVICE •Total $19,200.73 21 E -911 MOTOROLA SOLUTIONS, INC MO FEE ASTRO SYSTEM $2,635.80 E911 COMMUNICATIONS -Total $2,635.80 E -911 •Total $2,635.80 25 HOTEL TAX AEP IPSO ELECTRIC USE $20.73 JPMORGAN CHASE BANK CORNERSTONE - TUMBLERS $189.90 JPMORGAN CHASE BANK GRT SOUTHERN -WEB MAIN $750.00 JPMORGAN CHASE BANK MAINSTREET- BANNER $197.03 JPMORGAN CHASE BANK VISTAPRINT -LOGO $96.72 JPMORGAN CHASE BANK WEIHAAS -WEB MAINT $600.00 5 Fund 25 HOTELTAX Claims List - 3/2/2021 Vendor Name HOTEL TAX ECON DEV -Total Payable Description Payment Amount $1,854.38 HOTELTAX -Total $1,85438 27 STORMWATER MANAGEMENT NATIVE PLAINS EXCAVATION & ELM CREEK POND DRAINAGE $170,860.11 ELM CREEK DRAINAGE -Total $170,860.11 CHEROKEE BUILDERS INC CONSTRUCTION SERVICES $39,491.50 AGR SPORTS PRK DETENTION POND - Total $39,491.50 AEP /PSO ELECTRIC USE $326.15 JPMORGAN CHASE BANK AUTOZONE- REPAIR $89.99 JPMORGAN CHASE BANK BROWN CO -TOOLS $77.08 JPMORGAN CHASE BANK BROWN FARMS - REPAIR $100.00 JPMORGAN CHASE BANK BROWN FARMS -SOD $100.00 JPMORGAN CHASE BANK CORE &MAIN - COUPLING $2.25 JPMORGAN CHASE BANK CORNERSTONE -BROOM $36.09 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $5.93 JPMORGAN CHASE BANK FRED PRYOR - TRAINING $299.00 JPMORGAN CHASE BANK LOWES - BOARDS $5.28 JPMORGAN CHASE BANK LOWES- CONCRETE $20.70 JPMORGAN CHASE BANK LOWES- REPAIR PARTS $93.90 JPMORGAN CHASE BANK LOWES- REPAIRS $5.28 JPMORGAN CHASE BANK LOWES -SPRAY FOAM $11.57 JPMORGAN CHASE BANK LOWES- SUPPLIES $81.90 JPMORGAN CHASE BANK LOWES -TOOLS $30.96 JPMORGAN CHASE BANK LOWES -WOOD $47.52 JPMORGAN CHASE BANK OREILLY- SUPPLIES $11.98 JPMORGAN CHASE BANK PRINT SHOP- FLIERS $425.00 JPMORGAN CHASE BANK SUMMIT - REPAIRS $1,454.19 UNIFIRST HOLDINGS LP UNIFORM SERVICE $11.98 UNITED STATES CELLULAR PW CELL PHONE $38.95 CORPORATION STORMWATER- STORMWATER -Total $3,275.70 STORMWATER MANAGEMENT -Total $213,627.31 31 AMBULANCE CAPITAL TREASURER PETTY CASH SR AMB REF - HENDERSON $3.60 TREASURER PETTY CASH SR AMB REF - WATKIN TRS $3.60 AMBULANCE CAPITAL -Total $7.20 AMBULANCE CAPITAL -Total $7.20 34 VISION TAX CROSSLAND HEAVY CONTRACTORS CONSTRUCTION SVCS $30,815.91 WALTER P MOORE AND ASSOCIATES ENGINEERING DESIGN $180.00 116TH -HWY 169TO MINGO -Total $30,995.91 BKL INCORPORATED ENGINEERING SERVICES - E $15,000.00 A Claims List - 3/2/2021 Fund Vendor Name Payable Description Payment Amount 34 VISION TAX 96TH FROM 119TH TO 129TH -Total $15,000.00 VISION TAX -Total $45,995.91 35 PARK DEVELOPMENT FOG, INC. 5K HEART HEALTHY TRAIL $13,500.00 PARK DEV 5K TRAIL -Total $13,500.00 PARK DEVELOPMENT -Total $13,500.00 37 SALES TAX FIRE AEP IPSO ELECTRIC USE $3,392.47 JPMORGAN CHASE BANK AADVANTAGE- REPAIR $212.50 JPMORGAN CHASE BANK ADVANCE AUTO - HEADLIGH $11.89 JPMORGAN CHASE BANK AMAZON- BRUSHES $94.14 JPMORGAN CHASE BANK AMAZON- REFUND ($65.94) JPMORGAN CHASE BANK AMAZON- SUPPLIES $121.56 JPMORGAN CHASE BANK AMER WASTE -SVC $64.20 JPMORGAN CHASE BANK ATWOODS- STARTING FLU] $1.99 JPMORGAN CHASE BANK BEST WESTERN- REFUND ($12.30) JPMORGAN CHASE BANK CORNERSTONE - BUCKETS $59.13 JPMORGAN CHASE BANK CUMMINS- SERVICE $8,652.38 JPMORGAN CHASE BANK EMTEC -PEST CONTROL $395.00 JPMORGAN CHASE BANK FAM ANIMAL MED -SVC $287.80 JPMORGAN CHASE BANK HARRISON ENERGY -REPAI $315.00 JPMORGAN CHASE BANK HOME DEPOT - BATTERIES $129.60 JPMORGAN CHASE BANK HOME DEPOT - BUCKETS $55.60 JPMORGAN CHASE BANK HOME DEPOT- SUPPLIES $331.26 JPMORGAN CHASE BANK LOWES- REPAIR $14.98 JPMORGAN CHASE BANK LOWES- SUPPLIES $117.90 JPMORGAN CHASE BANK LOWES -TARPS $53.96 JPMORGAN CHASE BANK MEETING EXPENSE $43.97 JPMORGAN CHASE BANK NAFECO- LIGHTS $582.25 JPMORGAN CHASE BANK NSC -SCBA PACKS $2,868.67 JPMORGAN CHASE BANK OK POLICE SPLY- BADGES $583.95 JPMORGAN CHASE BANK OKIAAI- OKIAAI MEMBERS $20.00 JPMORGAN CHASE BANK OREILLY- LIGHTS $7.28 JPMORGAN CHASE BANK REASORS- SUPPLIES $107.14 JPMORGAN CHASE BANK SAMS - SUPPLIES $855.79 JPMORGAN CHASE BANK SHELTON - CONCRETE $301.00 JPMORGAN CHASE BANK TRACE ANALYTICS -PARTS $31.00 JPMORGAN CHASE BANK WALMART- REFUND ($8133) JPMORGAN CHASE BANK WALMART- SUPPLIES $311.55 JPMORGAN CHASE BANK WASH CO RWD -WATER $135.22 JPMORGAN CHASE BANK WATERSTONE- UNIFORM $12.94 JPMORGAN CHASE BANK WPSG- REFUND ($1.43) SALES TAX FUND -FIRE - Total $20,011.12 FA Claims List - 3/2/2021 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE - Total $20,011.12 38 SALES TAX POLICE JPMORGAN CHASE BANK LOWES- CONDUIT $559.76 JPMORGAN CHASE BANK LOWES- REFUND ($493.02) POLICE OBSERVATION TOWER -Total $66.74 AEP IPSO ELECTRIC USE $3,03535 JPMORGAN CHASE BANK Al NAT'L FIRE -FEE $1,536.00 JPMORGAN CHASE BANK ACADEMY -RIFLE PARTS $10194 JPMORGAN CHASE BANK AMAZON- AWARDS /RECOG $129.89 JPMORGAN CHASE BANK AMAZON- DEHUMIDIFIER $219.99 JPMORGAN CHASE BANK AMAZON- EQUIPMENT $1,756.90 JPMORGAN CHASE BANK AMAZON -PCS $474.80 JPMORGAN CHASE BANK AMAZON -RAM UPGRADE $1,439.82 JPMORGAN CHASE BANK AMAZON- REFUND ($119.95) JPMORGAN CHASE BANK AMAZON- SUPPLIES $2,212.28 JPMORGAN CHASE BANK AMER WASTE - RENTAL $108.95 JPMORGAN CHASE BANK AT YR SVC- RENTAL $80.00 JPMORGAN CHASE BANK BADGER -SWAT ITEMS $178.92 JPMORGAN CHASE BANK BEST BUY -HARD DRIVE $424.95 JPMORGAN CHASE BANK BROWNELLS- SUPPLIES $52.68 JPMORGAN CHASE BANK CLASSIC CHEV -PARTS $335.64 JPMORGAN CHASE BANK CORNERSTONE- REFUND ($92.99) JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $144.71 JPMORGAN CHASE BANK CRISIS NEGOTIATOR -TRA $50.00 JPMORGAN CHASE BANK DELL - COMPUTERS $13,358.15 JPMORGAN CHASE BANK DELL- MONITORS $4,24132 JPMORGAN CHASE BANK DELL- SOUNDBARS $361.33 JPMORGAN CHASE BANK DEMAND PROJ - TRAINING $80.00 JPMORGAN CHASE BANK GALLS - SUPPLIES $197.00 JPMORGAN CHASE BANK GALLS- UNIFORM $2,990.80 JPMORGAN CHASE BANK IAFCI -DUES $80.00 JPMORGAN CHASE BANK IAPE -MEMB FEE $50.00 JPMORGAN CHASE BANK KUM &GO -FUEL $12.62 JPMORGAN CHASE BANK KUM &GO - SUPPLIES $5.98 JPMORGAN CHASE BANK LENOX- TOWING $150.00 JPMORGAN CHASE BANK LEUPOLD -SWAT ITEMS $323.67 JPMORGAN CHASE BANK LOWES- SUPPLIES $150.68 JPMORGAN CHASE BANK MARLOW WHITE- UNIFORM $322.00 JPMORGAN CHASE BANK MIDWAYUSA -SWAT ITEMS $2,178.33 JPMORGAN CHASE BANK OREILLY -PARTS $88.37 JPMORGAN CHASE BANK PETKEY- PROF/TECH $45.00 JPMORGAN CHASE BANK PETSMART- SUPPLIES $319.96 173 Claims List - 3/2/2021 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE JPMORGAN CHASE BANK PUB AGENCY - TRAINING $525.00 JPMORGAN CHASE BANK RAYALLEN- SUPPLIES $25.42 JPMORGAN CHASE BANK SAFARILAND -DRUG TEST $1,134.24 JPMORGAN CHASE BANK SAMS- SUPPLIES $371.94 JPMORGAN CHASE BANK SOUTHERN RUBBER -STAMP $44.90 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM $868.19 JPMORGAN CHASE BANK STREETCOP- TRAINING $199.00 JPMORGAN CHASE BANK TRACTOR SPLY- SUPPLIES $103.27 JPMORGAN CHASE BANK TRAINING SUPPLIES $143.00 JPMORGAN CHASE BANK TRAVEL EXPENSE $43.57 JPMORGAN CHASE BANK TREX ARMS -SWAT ITEMS $85.00 JPMORGAN CHASE BANK ULINE -EQUIP $99.67 JPMORGAN CHASE BANK WALMART- SUPPLIES $144.37 JPMORGAN CHASE BANK WATERSTONE- CLEANING $1,236.23 PRECISION DELTA CORPORATION FIREARMS SUPPLIES $4,981.82 SUMNERONE INC PD COPIER LEASE RENTALS $111.75 TREASURER PETTY CASH NOTARY -RAU $25.00 TREASURER PETTY CASH NOTARY - STEPHENS $10.00 TREASURER PETTY CASH NOTARY -WELLS $10.00 TREASURER PETTY CASH NOTARY - WOLERY $10.00 TREASURER PETTY CASH OKIAI MEB FEE- WOLERY $30.00 TREASURER PETTY CASH TRAINING EXPENSE $300.00 WOOD, PUHL & WOOD, P.L.L.0 SWAT TRAINING COURSE $1,000.00 SALES TAX FUND - POLICE -Total $48,531.46 SALES TAX POLICE -Total $48,598.20 39 SALES TAX STREETS AEP /PSO ELECTRIC USE $1,561.76 JPMORGAN CHASE BANK ALL WHL DRIVE -PARTS $138.59 JPMORGAN CHASE BANK ANCHOR STONE -ROCKS $855.06 JPMORGAN CHASE BANK ATWOODS- MATERIALS $36.93 JPMORGAN CHASE BANK CORNERSTONE -AXE $44.99 JPMORGAN CHASE BANK HARBOR FREIGHT -CART $39.99 JPMORGAN CHASE BANK LOWES - BUCKETS $6.96 JPMORGAN CHASE BANK LOWES- SUPPLIES $14.98 JPMORGAN CHASE BANK LOWES -WOOD $96.35 JPMORGAN CHASE BANK OREILLY -BLUE DEF $120.00 JPMORGAN CHASE BANK RED WING -BOOTS $157.49 JPMORGAN CHASE BANK RHOMAR -EQUIP $2,102.08 JPMORGAN CHASE BANK SHELTON- CONCRETE $451.50 JPMORGAN CHASE BANK TIMMONS -DEF $74.72 JPMORGAN CHASE BANK TWIN CITIES- CONCRETE $6,704.50 JPMORGAN CHASE BANK WELSCO- RENTAL $33.52 M Claims List - 3/2/2021 Fund Vendor Name Payable Description Payment Amount 39 SALES TAX STREETS JPMORGAN CHASE BANK WHITE STAR -GLASS $210.59 SIGNALTEK INC TEMP CABINET REPAIR $3,318.75 UNIFIRST HOLDINGS LP UNIFORM SERVICE $209.47 WASHINGTON CO RURAL WATER 116 LANDSCAPE IRRIG $47.05 DISTRICT SALES TAX FUND-STREETS -Total $16,225.28 SALES TAX STREETS -Total $16,225.28 40 CAPITAL IMPROVEMENTS OWASSO FENCE CO TEMPORARY FENCING $706.75 CI - E 76TH ST WIDENING -Total $706.75 DIVERSIFIED CIVIL CONTRACTORS LLC CONSTRUCTION SERVICES $157,760.23 CIP 106/145TH INTERSECT -Total $157,760.23 BH MEDIA HOLDING GROUPS, INC NEWSPAPER POSTINGS $40.96 CIP ELM CREEK TRIB 5A -Total $40.96 DOERNER, SAUNDERS, DANIEL R CONDEMNATION $1,300.50 CIP GARN RD WIDE 106.116 -Total $1,300.50 BH MEDIA HOLDING GROUPS, INC NEWSPAPER POSTINGS $63.96 ELM CREEK DRAINAGE -Total $63.96 GRADE LINE CONSTRUCTION 2020 STREET REHAB $111,107.61 PROGRAM ST REHAB FYI 9-20 - Total $111,107.61 CAPITAL IMPROVEMENTS -Total $270,980.01 70 CITY GARAGE AEP /PSO ELECTRIC USE $754.77 JPMORGAN CHASE BANK AMAZON -PARTS $445.16 JPMORGAN CHASE BANK AMAZON- WHEELS $25.99 JPMORGAN CHASE BANK AMERIFLEX -PARTS $169.60 JPMORGAN CHASE BANK AMZ -PARTS $152.86 JPMORGAN CHASE BANK BOBCAT -PARTS $38.36 JPMORGAN CHASE BANK BUMP2BUMP -PARTS $980.01 JPMORGAN CHASE BANK BUMP26UMP- SUPPLIES $28.99 JPMORGAN CHASE BANK FASTSIGNS- REPAIR $747.00 JPMORGAN CHASE BANK GOODYEAR- RECAPS $4,76910 JPMORGAN CHASE BANK GOODYEAR -TIRES $263.80 JPMORGAN CHASE BANK JIM GLOVER -PARTS $988.26 JPMORGAN CHASE BANK JIM NORTON -PARTS $609.07 JPMORGAN CHASE BANK LENOX- TOWING $85.00 JPMORGAN CHASE BANK MATTHEWS FORD - REPAIR $299.30 JPMORGAN CHASE BANK OREILLY -PARTS $730.05 JPMORGAN CHASE BANK SUMMIT -PARTS $143.44 JPMORGAN CHASE BANK SUPERBRIGHT -PARTS $248.66 JPMORGAN CHASE BANK WHITE STAR -PARTS $178.38 10 Claims List - 3/2/2021 Fund Vendor Name Payable Description Payment Amount 70 CITY GARAGE TREASURER PETTY CASH OK DEPT LABOR - LIVINGS $50.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL $53.66 CITY GARAGE -Total $11,761.46 CITY GARAGE -Total $11,761.46 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS' COMP CLAIMS $15,341.72 WORKERS' COMP SELF -INS -Total $15,341.72 WORKERS' COMP SELF -INS -Total $15,341.72 77 GENERAL LIABILITY - PROPERT MICHAEL C WACKENHUTH TR- 2020 -12171 CONSULTANT $637.50 GEN LIAR -PROP SELF INS -Total $637.50 GENERAL LIABILITY - PROPERT -Total $637.50 City Grand Total $732,033.20 11 TO: The Honorable Mayor and City Council FROM: Michele Dempster Human Resources Director SUBJECT: OkMRF Retirement Request DATE: February 26, 2021 BACKGROUND: Oklahoma Municipal Retirement Fund (OkMRF), the retirement plan for employees who do not participate in the State Police or State Fire pension plans, requires the City Council, acting as the OkMRF Retirement Committee, to approve applications for retirement. To be eligible for retirement benefits through OkMRF an employee must have a minimum of five years of employment. Once an employee has five years of service the employee is considered vested and upon leaving employment with the City has three options depending upon age. 1. Normal Retirement is available to a vested employee age 65 or older, or age 62 with thirty years of service. 2. Early Retirement is available to a vested employee between ages 55 and normal retirement age. 3. Deferred Retirement is available to a vested employee under the age of 65. Deferred Retirement allows an employee to "defer" retirement benefits until a future date, at which time the employee would begin receiving monthly retirement benefits. March 9, 2021, will be the last day of employment for Jeffrey Bain with the Engineering Division of Public Works. Mr. Bain has been a participant in the OkMRF retirement plan while employed with the City since February 2001, and has applied for, and meets the prerequisites for Early Retirement. RECOMMENDATION: Staff recommends approval of Early Retirement benefits for Jeffrey Bain through the Oklahoma Municipal Retirement Fund. TO: The Honorable Chair and Trustees Owasso Public Works Authority (OPWA) The Honorable Mayor and City Council FROM: Roger Stevens, Public Works Director SUBJECT: Contract Amendment - Wastewater Treatment Plant and Main Plant Lift Station Expansion Project DATE: February 26, 2021 BACKGROUND: On December 1, 2020, the OPWA approved a contract for the construction of the Wastewater Treatment Plant and Main Plant Lift Station Expansion Project. The contract was awarded to Crossland Heavy Contractors. During the pre - construction meeting, Crossland Heavy advised city staff of their legal counsel's opinion that contractors working for the OPWA do not receive the same tax exempt status for purchases related to the construction project, as contractors working for the City. To ensure this project begins in a timely manner, staff consulted with the City Attorney to provide a solution to Crossland Heavy, addressing their concerns regarding the use of a tax exempt status. By amending the original contract to include the City of Owasso as a party, along with the OPWA, and Crossland Heavy, the contractor could then utilize a tax exempt status for purchases related to the construction project. CONTRACT AMENDMENT: The proposed amendment would change the Wastewater Treatment Plant and Main Plant Lift Station Expansion Contract by adding the City of Owasso as a party to the contract along with the Owasso Public Works Authority. By this amendment, the City of Owasso grants Crossland Heavy Contractors the right to act as an agent of the City of Owasso which grants tax exempt status to the contractor for the purchase of all products and equipment directly related to the construction of the Owasso Wastewater Treatment Plant and Main Plant Expansion Project. RECOMMENDATION: Staff recommends amending the construction contract by adding the City of Owasso as a third party and authorization to execute the necessary documents. ATTACHMENT: Contract Amendment SECTION 00300 AGREEMENT - AMENDMENT THIS AGREEMENT - AMENDMENT is dated as of the 2nd day of March, 2021, by and between the Owasso Public Works Authority /City of Owasso (hereinafter called OWNER) and Crossland Heavy Contractors [tic (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: OWASSO WASTEWATER TREATMENT PLANT AND MAIN LIFT STATION EXPANSION PROJECT OWASSO PUBIC WORKS AUTHORITY/ CITY OF OWASSO OWASSO, OKLAHOMA The project for which the Work under the contract documents may be the whole or only a part, is described as follows: 1. Install Main Lift Station including all associated Mechanical, Structural and Electrical components 2. Install a grit removal system including a vortex -type grit removal system, grit classifier equipment, grit dewatering equipment, and dry grit storage. 3. Modify Aeration Basin No. 1 and Install a new Aeration Basin No. 2 including a fine bubble diffuser system, mixers in Anoxic zone, recirculation pump station and filtrate pump station. 4. Install new Blower building No. 3 and all its associated Architectural, Structural, Mechanical and Electrical Components. 5. Install new Digester No. 1, Digested sludge Pump Station and all its associated components. 6. Install new Plant water System and its associated components. ARTICLE 2. ENGINEER The project has been assigned to the Project Manager or his/her duly authorized representative, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and 0920 00300 - Page 1 of 14 will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work will be substantially completed within Six Hundred and Seventy (670) calendar days from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within Seven Hundred and Thirty (730) calendar days from the date of Notice to Proceed, which will be on or before March 15, 2021 , 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER, if the Work is any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds the amount agreed upon in CONTRACTOR'S bid. 4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that the determination of actual quantities and their classification is to be made by the OWNER at the time of application for payment. 4.3 CONTRACT AMOUNT: Contract Amount is Twenty One Million, One Hundred Eighty Seven Thousand, Eight Hundred Seventy Nine and no /100 Dollars $21,187,879.00. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement. Applications for Payment will be processed by OWNER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment in accordance with 0920 00300 - Page 2 of 14 the OWNER'S Payment Schedule included as Exhibit "B" to this agreement during construction as provided below. All progress payments will be on the basis of the progress of the Work. 5. 1.1 Progress payments shall not exceed an amount equal to 95% of the WORK completed until such time as CONTRACTOR shall complete in excess of fifty percent (50 110) of the contract amounts. 5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as OWNER shall determine in accordance with the General Conditions, provided that OWNER has determined that satisfactory progress is being made, and upon approval by the Surety. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the Contract Price. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself /herself with the nature and extent of Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in 0920 00300 - Page 3 of 14 accordance with the other terms and conditions of the Contract Documents. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as (s)he deems necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 6.7 CONTRACTOR has obligated himself /herself to the OWNER to be responsible for the workmanship, labor and materials used in the project for one (1) year after the project has been accepted by the OWNER. 6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials and other items necessary for the completion of the project. The OWNER has issued him a Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (pages 1 to 6 inclusive). 7.2 Exhibits "A ", "B ", "C" and "D" to this Agreement. 7.3 Advertisement for Bids (Section 00100). 7.4 Requirements for Bidders (Section 00110). 7.5 Instructions to Bidders (Section 00120). 0920 00300 - Page 4 of 14 7.6 Bid (Section 00200). 7.7 Bid Bond (Section 00210). 7.8 Bid Affidavits (Section 00220). 7.9 Statement of Bidders Qualifications (Section 00230). 7.10 Certificate of Non - Discrimination (Section 00240). 7.11 Performance Bond (Section 00410). 7.12 Maintenance Bond (Section 00420). 7.13 Statutory payment Bond (Section 00430). 7.14 Notice of Award (Section 00510). 7.15 Notice to Proceed (Section 00520). 7.16 Change Order (Section 00600). 7.17 General Conditions (Section 00700). 7.18 Project Specifications (Section 00800). 7.19 Special Provisions (Section 00900). 7.20 Project Drawings. 7.21 Addendum Numbers 1 to 4 inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to inclusive). 7.23 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 0920 00300 - Page 5 of 14 8.3 OWNER and CONTRACTOR each binds himself /herself, his /her partners, successors, assigns, and legal representatives to the other party hereto, his/her partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Contract Documents should be held void or unenforceable by law. IN WITNESS WHEREOF, the parties hereby have signed this Agreement in duplicate. One counterpart has been delivered to CONTRACTOR, the other belongs to OWNER. All portions of the Contract Documents have been signed by OWNER and CONTRACTOR. This Agreement will be effective on March 2 2021. OWNER: Owasso Pubic Works Authority/ City of Owasso to Bill Bush, OP WA Chair/ Mayor (SEAL) ATTEST: Juliann M. Stevens, City Clerk Address for giving notices: Owasso Public Works Authority City of Owasso 200 S Main Owasso, OK 74055 CONTRACTOR: By: (SEAL) Title Crossland Heavy Contractors, Inc. Attn: Jason Smith 14149 East Admiral Place Tulsa, Oklahoma 74116 0920 00300 - Page 6 of 14 EXHIBIT "C" CERTIFICATION OF TAX EXEMPT PUBLIC PROJECT The City of Owasso hereby certifies that: Crossland Hean Contractors Inc has duly entered into a public contract pursuant to the law for the following purposes, to -wit: Owasso Wastewater Treatment Plant and Main Lift Station Expansion Project Accordingly, under the provisions of 68 O.S. §1356(l), the sale of tangible personal property or services necessary for carrying out such public contract to the contractor or any sub - contractor to such public contract are exempt from sales tax. Any contractor or sub - contractor of such public contract shall certify, in writing, on the copy of the invoice or sales ticket to be retained by the vendor that the purchases are necessary for carrying out such public contract with the City of Owasso. CITY OF OWASSO, OKLAHOMA Contract Administrator/Engineer 0720 00300 - Page 14 of 15 CITY OF Owasso GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 02113/21 Department Payroll Expenses Total Expenses 105 Municipal Court 6,464.40 9,233.10 110 Managerial 22,565.69 31,704.95 120 Finance 21,192.88 32,476.16 130 Human Resources 9,418.10 14,205.30 160 Community Development 19,110.49 29,313.87 170 Engineering 19,594.77 30,464.53 175 Information Systems 18,091.95 27,147.78 181 Support Services 9,585.14 14,509.42 190 Cemetery 1,218.40 1,927.50 201 Police Grant Overtime 1,902.82 1,927.50 201 Police -COPS Grant 7,613.79 13,066.46 215 Central Dispatch 23,708.21 38,743.15 221 Animal Control 4,259.28 6,356.86 250 Fire Safer Grant 28,741.27 44,460.07 280 Emergency Preparedness 2,342.31 3,301.01 370 Stormwater /ROW Maint. 6,595.25 11,145.30 515 Park Maintenance 7,477.36 11,784.64 520 Culture /Recreation 9,593.55 16,110.17 550 Community- Senior Center 5,835.61 7,916.18 580 Historical Museum 756.80 850.64 710 Economic Development 4,717.39 7,153.74 General Fund Total 230,785.46 353,798.33 185 Garage Fund Total 9,116.90 14,352.75 255 Ambulance Fund Total 553.85 622.53 250 Fire Fund 37 Total 180,506.41 270,763.01 201 Police Fund 38 Total 179,477.28 272,925.76 300 Streets Fund 39 Total 21,333.99 34,639.82 370 Stormwater Fund 27 Total 5,340.30 8,791.10 150 Worker's Compensation Total 677.32 815.99 720 Strong Neighborhoods Total 4,753.72 6,726.85 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 2125/21 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE ADMIN FEES STOP LOSS FEES HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 34,548.03 40,524.56 39,997.48 63,655.00 14,509.32 75,687.48 268,921.87 6,933.70 2,426.48 9,360.18 278,282.05 O K L A H O M A DEPARTMENT OF ENVIRONMENTAL ODAIITY SCOTT A.Trector N OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY KEVIN ernor Executive Director Governor February 9, 2021 Mr. Roger Stevens, Public Works Director City of Owasso P.O. Box 180, 301 West 2nd Ave Owasso, Oklahoma 74055 Re: Permit No. SL000072210079 Abbott Farms Phase III Facility No. S -21310 Dear Mr. Stevens: Enclosed is Permit No. SL000072210079 for the construction of 1,308 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve the Abbott Farms Phase III, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on February 9, 2021. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, one (1) set to your engineer and retaining one (1) set for our files. Respectfully, Qusay R. Kabariti, P.E. Construction Permit Section Water Quality Division QRK/RC /md Enclosure c: Debbie Nichols, Regional Manager, DEQ TULSA DEQ OFFICE Brian K Kellogg, P.E., Kellogg Engineering, Inc. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1611 please recycle 0 O K L A H O M A DEPARTMENT OF ENVIRONMENTAL DUALITY SCOTT A.Ttor N Executive Director OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY PERMIT TO CONSTRUCT February 9, 2021 KEVIN STITT Governor PERMIT No.SL000072210079 SEWER LINES FACILITY No. S -21310 Pursuant to O.S. 27A 2 -6 -304, the City of Owasso is hereby granted this Tier I Permit to construct 1,308 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve the Abbott Farms Phase III, located in Section 7, T -21 -N, R -14 -E, Tulsa County, Oklahoma, in accordance with the plans approved February 9, 2021. By acceptance of this permit, the permittee agrees to operate and maintain the facilities in accordance with the "Oklahoma Pollutant Discharge Elimination System Standards - OPDES" (OAC 252:606) rules and to comply with the state certification laws, Title 59, Section 1101 -1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for certified operators. This permit is issued subject to the following provisions and conditions. 1) 2) 3) 4) 5) 6) 7) That the recipient of the permit is responsible that the project receives supervision and inspection by competent and qualified personnel. That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the permit. That wherever water and sewer lines are constructed with spacing of 10 feet or less, sanitary protection will be provided in accordance with OAC 252:656- 5- 4(c)(3) of the standards for Water Pollution Control Facility Construction. That tests will be conducted as necessary to insure that the construction of the sewer lines will prevent excessive infiltration and that the leakage will not exceed 10 gallons per inch of pipe diameter per mile per day. That the Oklahoma Department of Environmental Quality shall be kept informed of occurrences which may affect the eventual performance of the works or that will unduly delay the progress of the project. That the permittee will take steps to assure that the connection of house services to the sewers is done in such a manner that the functioning of the sewers will not be impaired and that earth and ground water will be excluded from the sewers when the connection is completed. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 please O K L A H O M A DEPARTMENT OF ENVIRONMENTAL QUALITY SCOTT A.THO OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY Executive Director tor KEVIN STITT GovemoT PERMIT No.SL000072210079 f r1 IVJ-"AIRi:41 FACILITY No. S -21310 8) That any deviations from approved plans or specifications affecting capacity, flow or operation of units must be approved by the Department before any such deviations are made in the construction of this project. 9) That the recipient of the permit is responsible for the continued operation and maintenance of these facilities in accordance with rules and regulations adopted by the Environmental Quality Board, and that this Department will be notified in writing of any sale or transfer of ownership of these facilities. 10) The issuance of this permit does not relieve the responsible parties of any obligations or liabilities which the permittee may be under pursuant to prior enforcement action taken by the Department. 11) That the permittee is required to inform the developer /builder that a DEQ Storm Water Construction Permit is required for a construction site that will disturb one (1) acre or more in accordance with OPDES, 27A O.S. 2 -6 -201 et. seq. For information or a copy of the GENERAL PERMIT (OKR10) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (NOI) form, Notice of Termination (NOT) form, or guidance on preparation of a Pollution Prevention Plan, contact the Storm Water Unit of the Water Quality Division at P.O. Box 1677, Oklahoma City, OK 73101 -1677 or by phone at (405) 702 -8100. 12) That all manholes shall be constructed in accordance with the standards for Water Pollution Control Facility Construction (OAC 252:656 -5 -3), as adopted by the Oklahoma Department of Environmental Quality. 13) That when it is impossible to obtain proper horizontal and vertical separation as stipulated in Water Pollution Control Facility Construction OAC 252:656- 5- 4(c)(1) and OAC 252:656- 5- 4(c)(2), respectively, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested using the ASTM air test procedure with no detectable leakage prior to backfilling, in accordance with the standards for Water Pollution Control Facility Construction OAC 252:656-5 - 4(c)(3). Failure to appeal the conditions of this permit in writing within 30 days from the date of issue will constitute acceptance of the permit and all conditions and provisions. Rocky Chen, P.E., Engineering Manager, Construction Permit Section Water Quality Division 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 please recycle C.1 O K L A H O M A DEPAUMENI OE ENVIIONMEWAI OMALIIY SCOTT A.THOtot OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY KEVIN ernor Executive Director Governor February 9, 2021 Mr. Roger Stevens, Public Works Director City of Owasso P.O. Box 180, 301 West 2nd Ave Owasso, Oklahoma 74055 Re: Permit No. WL000072210080 Abbott Farms Phase III Potable water Line Extension Facility No. 3002718 Dear Mr. Stevens: Enclosed is Permit No. WL000072210080 for the construction of 1,770 linear feet of six (6) inch PVC potable water line and all appurtenances to serve the Abbott Farms Phase III, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on February 9, 2021. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, one (1) set to your engineer and retaining one (1) set for our files. Respectfully, Qusay R. Kabariti, P.E. Construction Permit Section Water Quality Division QRK/RC /md Enclosure c: Debbie Nichols, Regional Manager, DEQ TULSA DEQ OFFICE Brian K Kellogg, P.E., Kellogg Engineering, Inc. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 please recycle 0 0 K L A H 0 M A DVARM W OF ENVIIONMEWAE QUAVY SCOTT A.T N Executive Director rector OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY tA11111utllW 1XK81& W1 * February 9, 2021 KEVIN STITT Governor PERMIT No. WL000072210080 WATER LINES FACILITY No. 3002718 Pursuant to O.S. 27A 2 -6 -304, the City of Owasso is hereby granted this Tier I Permit to construct 1,770 linear feet of six (6) inch PVC potable water line and all appurtenances to serve the Abbott Farms Phase III, located in Section 7, T -21 -N, R -14 -E, Tulsa County, Oklahoma, in accordance with the plans approved February 09, 2021. By acceptance of this permit, the permittee agrees to operate and maintain the facility in accordance with the Public Water Supply Operation rules (OAC 252:631) and to comply with the State Certification laws, Title 59, Section 1101 -1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for certified operators. This permit is issued subject to the following provisions and conditions. 1) 2) 3) 4) 5) 6) 7) This water line provides adequate fire flow in accordance with the 2009 International Fire Code through the approved hydraulic analysis. The fire flow provided is 1,000 gpm. That the recipient of the permit is responsible that the project receives supervision and inspection by competent and qualified personnel. That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the permit. That the Oklahoma Department of Environmental Quality shall be kept informed on occurrences which may affect the eventual performance of the works or that will unduly delay the progress of the project. That wherever water and sewer lines are constructed with spacing of 10 feet or less, sanitary protection will be provided in accordance with Public Water Supply Construction Standards [OAC 252:626- 19 -2]. That before placing this facility into service, at least two samples of the water, taken on different days, shall be tested for bacteria to show that it is safe for drinking purposes. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 please recycle 0 K L A H 0 M A DUAETMEN1 OF ENVIAONMENTAE OIIAVTY SCOTT A. THO OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY Executive Director for PERMIT TO CONSTRUCT KEVIN STITT Governor PERMIT No. WL000072210080 WATERLINES FACILITY No. 3002718 8) That any deviations from approved plans or specifications affecting capacity, flow or operation of units must be approved by the Department before any such deviations are made in the construction of this project. 9) That the recipient of the permit is responsible for the continued operation and maintenance of these facilities in accordance with rules and regulations adopted by the Environmental Quality Board, and that this Department will be notified in writing of any sale or transfer of ownership of these facilities. 10) The issuance of this permit does not relieve the responsible parties of any obligations or liabilities which the permittee may be under pursuant to prior enforcement action taken by the Department. 11) That the permittee is required to inform the developer /builder that a DEQ Storm Water Construction Permit is required for a construction site that will disturb one (1) acre or more in accordance with OPDES, 27A O.S. Section 2 -6 -201 et seq. For information or a copy of the GENERAL PERMIT (OKR10) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (NO[) form, Notice of Termination (NOT) form, or guidance on preparation of a Pollution Prevention Plan, contact the Storm Water Unit of the Water Quality Division at P.O. Box 1677, Oklahoma City, OK 73101 -1677 or by phone at (405) 702 -8100. 12) That any notations or changes recorded on the official set of plans and specifications in the Oklahoma Department of Environmental Quality files shall be part of the plans as approved. 13) That water lines shall be located at least fifteen (15) feet from all parts of septic tanks and absorption fields, or other sewage treatment and disposal systems. 14) That whenever plastic pipe is approved and used for potable water, it shall bear the seal of the National Sanitation Foundation and meet the appropriate commercial standards. 15) That when it is impossible to obtain proper horizontal and vertical separation as stipulated in Public Water Supply Construction Standards OAC 252:626- 19- 2(h)(1) and OAC 252:626- 19- 2(h)(2), respectively, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested to the highest pressure obtainable under the most severe head conditions of the collection system prior to backfilling. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 please recycle 0 K L A H 0 M A 07PARTANT CF ENVIRONMENTAL OUMIN SCOTT A.THO OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY KEVIN Executive Director tor Governor PERMIT No. WL000072210000 WATERLINES PERMIT TO CONSTRUCT Failure to appeal the conditions of this permit in writing within 30 days from the date of issue will constitute acceptance of the permit and all conditions and provisions. Rocky Chen, P.E., Engineering Manager, Construction Permit Section Water Quality Division 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 TULSA COUNTY DISTRICT COURT STATE OF OKLAHOMA CAROLE ROSS, as Special Administrator ) of the ESTATE OF PATRICK D. ROSS, ) Plaintiff, ) VS. ) THE CITY OF OWASSO, ) Defendant. ) Case No. CV- 2013 -898 Hon. William LaFortune AFFIDAVIT ADDRESSING REASONABLENESS OF ATTORNEY FEES AND SUPPORTING BILLING/EXPENSE RECORDS Plaintiff Carole Ross ( "Plaintiff'), by and through her undersigned attorney of record, and in compliance with this Court's Order Setting Hearing filed on December 10, 2020 (which was subsequently amended on January 15, 2021), hereby submits the Affidavit of Christopher L. Camp [Ex. A], attached hereto. In accordance with the holding in Burk v. Oklahoma City, 598 P.2d 659 (Okla. 1979), the Affidavit addresses the reasonableness of the attorney fees Plaintiff now seeks to recoup from Defendant City of Owasso (pursuant to the mandatory fee - shifting provision of 51 O.S. § 24A. 17(B) and the Oklahoma Supreme Court's Order awarding fees filed on November 16, 2020). Attached to the Affidavit are the detailed billing records [Ex. A -1] and expense ledger [Ex. A -2] supporting Plaintiffs request for fees and costs, along with the curricula vitae for Christopher L. Camp and D. Mitchell Garrett, Jr. [Ex. A -31, the two attorneys who performed the legal services reflected on the billing records. 1 Respectfully submitted: CAMP LAW FIRM By: Christaphe L. Camp, OBA #1 41 7122 South Sheridan Road, Suite #2 -382 Tulsa, Oklahoma 74133 Telephone: (918) 200 -4871 Facsimile: (918) 550 -8337 E -mail: camplawfirm @gmail.com Attorney for Carole Ross, Special Administrator of the Estate of Patrick D. Ross, Deceased CERTIFICATE OF MAILING I hereby certify that on January 18, 2021, a true and correct copy of the Affidavit of Christopher L. Camp (and Exhibits A -1, A -2, and A -3 thereto) were delivered to the following attorney of record: David L. Weatherford, Esq. davidweatherford @sbcglobal.net Birmingham, Morley, Weatherford & Priore, P.A. 1141 East 371 Street Tulsa, Oklahoma 74105 -3103 CAL Christophe L. Camp, OBA #1 41 STATE OF OKLAHOMA ) ss. COUNTY OF TULSA ) AFFIDAVIT OF CHRISTOPHER L. CAMP I, Christopher L. Camp, of lawful age, being first duly sworn upon oath, to the best of my knowledge, information and belief, state as follows: 1. I have acted as lead counsel for Patrick Ross, now deceased, and his widow, Carole Ross -- respectively, the original plaintiff and substitute plaintiff (hereinafter jointly referred to as "Plaintiff') in the action styled Patrick D. Ross v. City of Owasso, Tulsa County District Court Case No. CV- 2013 -898 (the "Action "), Appellant in Oklahoma Supreme Court Case Nos. 115,210 ( "Ross P') and 117,321 ( "Ross If'), and Real Party in Interest in Oklahoma Supreme Court Case No. 117,599 ( "Ross IIP'). I have personal knowledge of the matters referenced hereinafter, and make this affidavit in accordance with this Court's Order Setting Hearing filed in the Action on December 10, 2020, pursuant to the Oklahoma Supreme Court's Order filed in Ross II on November 16, 2020, and for the purpose of setting forth: (a) the amount and reasonableness of the attorney fees that Plaintiff necessarily incurred in the Action, Ross I, and Ross II in order to successfully prosecute his claim against Defendant City of Owasso ( "Defendant" or "Owasso ") for its violation of -- and to compel its compliance with -- the Oklahoma Open Records Act, 51 O.S. § 24A.1, et seq. (the "Act "); (b) the amount and reasonableness of the costs Plaintiff necessarily incurred in successfully prosecuting the Action and Ross 11; and (c) the amount and reasonableness of the attorney fees and costs Plaintiff necessarily urcurrred in preparing and presenting the pending request for attorney fees and costs that this Affidavit and the accompanying billing records support. A. Attorneys' Fees. 2. Time and labor required. The following is an accurate summary representation of (a) the two attorneys who provided services to Plaintiff in the Action, Ross L and Ross IL (b) the hours expended by each attorney for which compensation is requested; (c) the attorneys' effective hourly rate, and (d) the total fee for each attorney. according to the attached fee records. The two attorneys listed above recorded their time daily, and all time so recorded is reflected or time records in this case that are maintained in the regular copse of business of Camp Law Film. Au abstract of all such time for which compensation is requested is attached as "Exhibit A -1 ". For the period beginning June 18. 2013, and ending February 1 By virtue of the Oklahoma Supreme Cowl's Order filed on November 16. 2020. Owasso has already been ordered to pay Plaintiff' $779.11 as reinRbursement for the appeal - related costs Plaintiff incmTed in Ross II. HOUR YRATE(S) HOURLY FFE RATE Christopher L. Camp 610.5 $ 250.00 (prior to 4/21/2015) $ 262.43 $ 160 215.00 (31.6) $ 275.00 (4/21/2015 to 4/20/2020) $ 300.00 (since 4 /21/2020) D. Mitchell Garrett, Jr. 173 $ 300.00 $ 300.00 $ 5,190.00 TOTALS: 596.2 $263.46 1 $165,405.000 The two attorneys listed above recorded their time daily, and all time so recorded is reflected or time records in this case that are maintained in the regular copse of business of Camp Law Film. Au abstract of all such time for which compensation is requested is attached as "Exhibit A -1 ". For the period beginning June 18. 2013, and ending February 1 By virtue of the Oklahoma Supreme Cowl's Order filed on November 16. 2020. Owasso has already been ordered to pay Plaintiff' $779.11 as reinRbursement for the appeal - related costs Plaintiff incmTed in Ross II. 1) 11,202 12, with respect to each attorney for whom fees are sought, Exhibit A -1 provides an accurate and itemized description of the legal services rendered on behalf of Plaintiff in the Action (as best I was able to cull out all unrelated tasks and expenditures of time), Ross I, and Ross H, reflecting all hours for which compensation is requested, how those hours were allotted to specific tasks, and the fee incurred by Plaintiff with respect to each such task. I personally reviewed all time entries to attempt to redact and exclude from the calculation above and from Exhibit A -1 all non - related time entries, and to proportionately reduce all time entries to the extent that any portion of the work described therein related solely to Plaintiffs claims in the Action for defamation and slander per se (brought against Defendants Jeri Moberly and Shawn Reiss only), were performed in Ross III, or otherwise had no bearing upon Plaintiffs claim under the Oklahoma Open Records Acts Then, to the fullest extent possible, I audited the hours charged to Plaintiff against corresponding time - tracking data contained within any available firm records (including phone bills, Microsoft Word document statistics, and Westlaw usage reports). 3. The customary fee. Currently, my normal hourly rate is $300.00. For the five -year period immediately preceding April 21, 2020 (i.e., the twentieth anniversary of 2 The attached billing records include entries for the time that affiant estimates attorneys Camp and Garrett will necessarily spend working on this case on February 10' (preparing for the attorney fee hearing) and February 116' (appearing before the Court to testify and present argument as to the reasonableness of the fees and costs incurred by Plaintiff in successfully prosecuting his Open Records Act claim against the City of Owasso). 3 In addition to asserting a claim for relief based on the City of Owasso's violation of the Oklahoma Open Records Act, Plaintiff's Petition also provided detailed allegations regarding Owasso's failure to comply with the mandatory requirements of the Oklahoma Open Meeting Act, 25 O.S. § 301 et seq. Plaintiff ultimately chose not to pursue these allegations as a separate cause of action and, thus, voluntarily dismissed his Open Meeting Act claim on October 7, 2015. Moving forward with the prosecution of his Open Records Act claim, however, Plaintiff continued to develop and rely upon evidence that Owasso had violated the Open Meeting Act (e.g., arguing that "Defendant's `decision' to treat the Fortney Report as `confidential' [under 51 O.S. § 24A.7 was] invalid due to the City Council's failure to follow the mandatory provisions of the Open Meeting Act "). [See Response in Opposition to Defendant City of Owasso's to Motion for Summary Judgment (Fled June 3, 2016), pp. 4 -13 (T¶ 10 -52) & 22 -25 (¶ C)] my admission to the Oklahoma bar), my normal hourly rate was $275.00. Prior to April 21, 2015 (which marked my fifteenth year as an attorney), my normal hourly rate was $250.00. The normal hourly rate for D. Mitchell Garrett, Jr., who also performed legal services in the Action, is $300.00 per hour. I believe the hours expended by Mr. Garrett and myself, as set forth on the foregoing summary chart, were reasonable and necessary in accordance with standards in the legal community for similar work under similar circumstances, in the opinion of affiant. The effective hourly rates attributed to our representation of Plaintiff in the successful prosecution of his Open Records Act claim are reasonable for services of a similar nature under the facts and circumstances of this case. 4. Standard and Effective Hourly Rates. The standard hourly rates reflected in the foregoing chart for Christopher L. Camp (which, during the 7'h- year pendency of this case, increased from $250 to $300) and D. Mitchell Garrett, Jr. ($300) are the fixed amounts that said attorneys customarily charge per hour in their respective law practices. Their effective hourly rate in this case (i.e., the average charge Plaintiff incurred for each of the 627.8 total hours that Camp and Garrett spent performing the legal services itemized on Exhibit A -1) was $263.46 per hour. As stated above, it is the opinion of this affiant that the hours expended in this case by each attorney were reasonable, necessary, and in accordance with standards in the legal community for similar work under similar circumstances. The effective hourly rates billed to Plaintiff in the Action, Ross I, and Ross 77 are reasonable for services of a similar nature under the facts and circumstances of this case. 5. Whether the fee is fixed or contingent. I represented Plaintiff on his Open Records Act claim on a contingency fee basis (which requires me, upon the 0 successful prosecution of such claim, to seek payment by filing a motion for attorney fees pursuant to 51 O.S. § 24A.17(13)(2)). The total fee for legal services, exclusive of costs, is $165,405.00, all of which was reasonably incurred in order to procure the Opinion issued by the Oklahoma Court of Civil Appeals on April 30, 2020 (which "remand[ed] this matter with instructions to the district court to order City to comply with Ross's Open Record request regarding the Fortney Report"), the Oklahoma Supreme Court's Order of November 16, 2020 (finding that Plaintiff, as the prevailing party, was entitled to the recovery of attorney fees from the City of Owasso pursuant to 51 O.S. § 24A. 17(A)(2), and directing the district court to hold a hearing on the issue of reasonableness), and the Mandate subsequently issued by the Oklahoma Supreme Court on December 30, 2020 (instructing the district court to enter judgment in favor of Plaintiff and "take further action as required by the order or opinion issued in this appeal "). 6. Amount of time involved and the results obtained. This matter initially arose following the discovery that former Owasso City Manager Rodney Ray ( "Ray ") had engaged in certain criminal activity in connection with his official position. The City of Owasso commissioned a private attorney, Guy Fortney ( "Fortney "), to investigate the matter. At the conclusion of his investigation, Fortney produced a report (the "Fortney Report," which consists of a cover page, a table of contents, an index of exhibits, a 20- page narrative summary, and ten 10 exhibits) identifying five felony criminal statutes, along with city policy, that Ray likely violated in connection with the role he played in concealing and destroying certain public records. Nevertheless, in a 4 -1 vote taken on July 25, 2013, the Owasso City Council approved a settlement under which Ray was allowed to resign and was paid a substantial severance, despite Fortney's findings, and 5 language in Ray's employment contract requiring the forfeiture of severance pay should cause exist for ending his employment. On that same date, Mayor Doug Bonebrake also announced his unilateral decision that the Fortney Report would be withheld from the public. On June 26, 2013, one of the five City Council members, Plaintiff Patrick Ross formally requested the Fortney Report under the Open Records Act. On July 111, the City denied Ross' request, claiming the Fortney Report was a confidential personnel record under 51 O.S. § 24A.7(A)(1). As a result, on August 6, 2013, Ross filed Tulsa County District Court Case No. CV- 2013 -898, wherein he brought a cause of action against the City of Owasso for violating the Open Records Act. In the months that followed -- and in addition to utilizing the formal processes available under the Oklahoma Discovery Code (including written, documentary, and depositional discovery) -- affiant engaged in an informal but significant investigation of the facts and conducted a great deal of legal research, all of which was reasonable and necessary for the successful prosecution of Plaintiffs Open Records Act claim. Nevertheless, following extensive briefing, the trial court granted summary judgment to the City in June 2016, finding the Fortney Report was confidential under the Act and "not subject to disclosure." On review in Ross I, however, the Oklahoma Court of Civil Appeals ( "COCA ") held that although the Fortney Report qualified as a "personnel record," it was not "confidential as a matter of law," and its release was "neither mandatory nor prohibited" until a formal decision by the City Council. Accordingly, COCA remanded, directing the City Council to officially decide (i.e., by voting on the issue at a public meeting) whether the Fortney Report should be G declared confidential pursuant to § 24A.7(A) or, alternatively, released. In its December 2016 order, COCA also held that the proper exercise of discretion under § 24A.7(A) would require the City "to assess a number of facts ... based on the situation at the time" of the request. On December 20, 2016, the City Council formally voted to declare the Fortney Report confidential, effectively denying Ross' open records request (and, in the opinion of affiant, violating its obligation to refrain from concealing the criminal conduct of city officials). Thereafter, Ross conducted depositional discovery and gathered evidence establishing that the City Council (a) failed to assess, or to afford due weight and consideration to, the facts, law, and standards pertinent to the decision at hand, (b) knew that the reasons favoring release of the Fortney Report (including the public's right to be informed) far outweighed any reason to withhold it, and (c) could not identify any substantive facts or legal principles to support its bald assertion that withholding the Fortney Report was "in the best interest of the residents of the City of Owasso." Nevertheless, on June 1, 2018, the trial court entered its Decision in favor of the City, finding "that the Fortney Report is a confidential personnel report and that, pursuant to 51 O.S. § 24A.7, the report belonged to the City Council and was within their discretion to keep confidential." The Decision, however, failed to answer whether the City abused the discretion it exercised under § 24A.7 (thus violating COCA's directive that such issue be separately addressed and expressly resolved). The Decision also ignored undisputed evidence (primarily consisting of the City's own testimony) which established, as a matter of fact, that the City's act of withholding the Fortney Report from 7 the public constituted an abuse of discretion. Accordingly, Plaintiff filed Ross II, challenging the trial court's June 151 Decision. On April 30, 2020, COCA issued its decision in Ross II (which "remand[ed] this matter with instructions to the district court to order City to comply with Ross's Open Record request regarding the Fortney Report"). Twenty days later, Owasso petitioned for certiorari, asking the Oklahoma Supreme Court to construe 51 O.S. § 24A.7(A)(1) as imposing no limitations on the discretion a public body must exercise under when making a decision whether a personnel record requested under the Act should be declared confidential or released. Likewise, on August 25, 2020, the Oklahoma Municipal League filed an amicus curiae brief in support of Owasso's Petition for Certiorari, arguing that "[t]he Act does not impose any limitations or restrictions upon a public body's exercise" of "its statutory authority to designate [a personnel record] as confidential." Plaintiffs counsel submitted thoroughly researched responses both to Owasso's Petition for Certiorari and to OML's amicus curiae brief. On November 16, 2020, the Oklahoma Supreme Court entered an order denying Owasso's Petition for Certiorari, finding that Plaintiff, as the prevailing party, was entitled to the recovery of attorney fees from the City of Owasso pursuant to 51 O.S. § 24A.17(A)(2), and directing the district court to hold a hearing on the issue of reasonableness. The Supreme Court subsequently entered its Mandate on December 30, 2020, instructing the district court to enter judgment in favor of Plaintiff and to "take further action as required by the order or opinion issued in this appeal." A total of eighty-nine (89) months passed between the filing of Ross' Petition in Tulsa County District Court Case No. CV- 2013 -898 on August 6, 2013, and the entry of 0 the Oklahoma Supreme Court's Mandate on December 30, 2020. The individuals above spent a total of 627.8 hours representing Plaintiff and engaged in work including, but not limited to: a. Reviewing and responding to court filings; b. Researching a significant but necessary amount of statutory and case law (including, inter alia, tuthorities relating to the proper construction and application of the Oklahoma Open Records Act), and reducing the resulting findings, analyses, and strategies to notes and /or outlines; C. Investigating facts, reviewing evidentiary documents, conducting witness interviews, and reducing the resulting findings and analyses to notes and /or outlines; d. Drafting discovery requests and reviewing Owasso's responses to the same; e. Gathering, reviewing, and organizing relevant documents and records (including evidence requested from Plaintiff pursuant to 12 O.S. § 3234;) f Drafting correspondence, motions, and other pleadings; g. Preparing for and conducting depositions of the two different individuals designated by the City of Owasso to testify pursuant to 12 O.S. § 3230(C)(5), and extensively outlining their testimony and cross - referencing the same with pertinent evidentiary records and controlling legal authorities; h. Appearing before the Court; i. Communicating with opposing counsel and the client; 6 j. Preparing and successfully prosecuting two separate appeals (which resulted in two reversals and an order compelling Owasso's production of the Fortney Report); and k. Preparing and successfully presenting Plaintiffs opposition to the petition for certiorari filed by Owasso and the amicus curiae filed by the Oklahoma Municipal League in support of Owasso's petition. All time so expended was reasonably necessary to procure the Opinion issued by the Oklahoma Court of Civil Appeals on April 30, 2020 (which "remand[ed] this matter with instructions to the district court to order City to comply with Ross's Open Record request regarding the Fortney Report"), the Oklahoma Supreme Court's Order of November 16, 2020 (finding that Plaintiff, as the prevailing party, was entitled to the recovery of attorney fees from the City of Owasso pursuant to 51 O.S. § 24A. 17(A)(2), and directing the district court to hold a hearing on the issue of reasonableness), and the Mandate subsequently issued by the Oklahoma Supreme Court on December 30, 2020 (directing the district court to enter judgment in favor of Plaintiff and "take further action as required by the order or opinion issued in this appeal "). Further, in the opinion of affiant, the work performed by the above - listed attorneys was, and will continue to be, substantially valuable. In addition to the excellent outcome that Plaintiff received in this case (which, in turn, benefits the citizens of Owasso by shedding light on "a `core' Open Records matter going directly to questions of the legitimacy of the Mayor and City Council's good governance and use of funds "), the results obtained herein will inure to the benefit of all Oklahomans for years to come because 51 O.S. § 24A.7(A)(1) will now be interpreted and applied in a manner designed to "ensure compliance" with the public's "constitutionally guaranteed right" of 10 access to government records. See ¶ 12, infra. 7. Novelty and difficulty of the questions presented. The time records attached hereto as "Exhibit A -1" contain an extremely detailed description of the statutory and case law with which affiant was necessarily required to familiarize himself in order to obtain final judgment in favor of Plaintiff on his claim under the Oklahoma Open Records Act. Along the way, affiant was forced to seek appellate review on two separate occasions (resulting in two reversals and an order compelling Owasso's production of the Fortney Report) and to successfully oppose the petition for certiorari filed by Owasso (who was joined in its petition by the Oklahoma Municipal League as amicus curiae). Many of the issues with which affiant was faced -- including the central issue in this case -- were unique, novel, involved matters of first impression and /or questions of substance that had not yet been considered or determined by Oklahoma courts, and /or turned on fine -line distinctions of fact and /or law. Those issues included, without limitation: a. Whether the "release of records under § 24A.7(A)(1) should be subject to a ... balancing test [similar to the one utilized under 51 O.S. § 24A.7(A)(2)] between the need of the public to see the workings of government in furtherance of the purposes of the Act and the interests of the state or public body in keeping certain information confidential'; b. Whether the City of Owasso could "decide to keep a personnel record confidential without a vote of the City Council to do so "; C. Whether a document is considered to be non - confidential by default when a public body fails to make an affirmative declaration that the document is confidential in response to a request under the Act; C. Whether information concerning illegal activity could properly be I1 designated as "confidential" under the Act; d. Whether the disclosure of criminal activity is mandatory or could ever constitute a "clearly unwarranted invasion of personal privacy'; e. Whether the requirements of the Act could be overruled by a confidentiality agreement between the City and the City Manager "; f. Whether the City was entitled to any defense that the Fortney Report was "not in its possession," "cease[d] to be a personnel records," or otherwise was "not subject to the ORA" because it was "not held in City files" or "was produced by a private contractor "; g. Whether the Fortney Report could be considered a "personnel record" for purposes of the Act despite not being maintained in the City Manager's personnel file; h. Whether the Fortney Report was confidential as a matter of law; i. Whether "a public body has unlimited discretion to refuse to release personnel files mentioned in § 24A.7(A)(1)'; j. Whether the City Council's act of passing a resolution to declare a document "confidential" under Section 24A.7(A)(1) can itself, as a matter of law, establish a "rational basis" for refusing disclosure under the Act; and k. Whether unofficial, unverifiable, and/or partial disclosure can properly substitute for verified, official, disclosure via the Act; along with countless other issues. Given the nature of the issues that were necessarily litigated in this case, and the fact that dozens of those issues presented matters of first 12 impression, I believe that the skills and abilities of attorneys experienced in the areas of civil and appellate litigation and municipal law (including those needed for conducting effective depositions, engaging in complex legal research, and generating detailed, articulate, and persuasive briefs) were imperative to the successful prosecution of Plaintiff's claim against the City of Owasso under the Oklahoma Open Records Act. 8. The skill requisite to perform the legal service properly. Under the circumstances detailed above (see TT 6 & 7, supra), I believe that the skills and abilities of attorneys experienced in the areas of complex civil and appellate litigation and municipal law were imperative to the successful prosecution of Plaintiff's claim against the City of Owasso under the Oklahoma Open Records Act. 9. Preclusion of other employment by the attorney due to acceptance of the case. Because of the complicated and lengthy nature of the Action (as detailed in 11 6-7, supra) which required a commitment of over six hundred (600) attorney hours, I was precluded from handling other litigation and clients that, unlike this case, would not have required me to wait over seven years before receiving any kind of compensation. Likewise, I was unable to service my other clients as fully as I could have done had I not been confronted with the responsibilities of handling the litigation in the Action. 10. Experience, reputation, and ability of the attorneys. I have practiced law for over twenty (20) years, during which time I have been associated with the following AV- rated* law firms: Feldman, Franden, Woodard & Farris; Sneed Lang Herrold, P.C.; Herrold Herrold & Co., Lawyers, P.C.; Bridger -Riley & Associates, P.C.; and Rosenstein, Fist & Ringold, Inc. Prior to licensure, I worked for Barber & Bartz, P.C. and Gable Gotwals Mock Schwabe Kihle Gaberino, P.C. I specialize in the area of 13 complex civil and appellate litigation, with a primary focus on civil rights and business tort litigation. D. Mitchell Garrett, Jr., is an AV -rated attorney who has practiced law for approximately fifteen (15) years. During this time, he has achieved outstanding results for his clients (including numerous multi - million dollar judgments and settlements), received multiple honors and awards, and been recognized for his many professional achievements. Garrett specializes in the areas of complex civil and appellate litigation in both state and federal court. The curricula vitae for the above - listed attorneys are attached hereto as Exhibit 11. Awards in similar cases. As will be presented at the attorney fee hearing on February 11, 2020, the fees sought by Plaintiff herein are commensurate with awards in similar cases in the State of Oklahoma in terms of both the hourly rates charged by the attorneys and the total number of hours spent performing work (given the overall duration of the case). In view of the factors set forth above, I believe the total fee stated and sought in this case is reasonable and necessarily incurred under the circumstances of this case. B. Enhancement. 12. Service rendered to the public. In additional to achieving an outstanding result for Plaintiff, the above - listed attorneys were successful in securing a valuable right for the citizens of State of Oklahoma. 14 As the City of Owasso expressly acknowledged in its briefing in Ross II, the case at bar involved a matter of first impression "relating to application of the Oklahoma Open Records Act and the exceptions within the Act'— namely, whether the "release of records under § 24A.7(A)(1) should be subject to a ... balancing test [similar to the one applied in Oklahoma Pub. Employees Assn v. State ex rel. Oklahoma Office of Pers. Mgmt, 2011 OK 68, ¶ 27, 267 P.3d 83 81 between the need of the public to see the workings of government in furtherance of the purposes of the Act and the interests of the state or public body in keeping certain information confidential." The Oklahoma Court of Civil Appeals resolved this "matter of first impression" in the affirmative (i.e., in favor of Ross). See Ross II, 2020 OK CIV APP 66, 115. The decision is Ross 77 was released for publication and, thus, is "considered to have persuasive effect" pursuant to Okla.Sup.Ct.R. 1.200(d)(2). Moreover, according to the Oklahoma Municipal League, the "decision of the Court of Civil Appeals [in Ross ZI] implicates matters of important statewide concern, impacting not only the parties to this appeal, but to all Oklahoma cities and towns." After the Court of Civil Appeals issues its decision in Ross II, Owasso petitioned for certiorari, asking the Oklahoma Supreme Court to construe 51 O.S. § 24A.7(A)(1) as imposing no limitations on the discretion a public body must exercise under when making a decision whether a personnel record requested under the Act should be declared confidential or released. Likewise, in its amicus curiae brief supporting Owasso's Petition for Certiorari, the Oklahoma Municipal League argued that "[t]he Act does not impose any limitations or restrictions upon a public body's exercise" of "its statutory authority to designate [a personnel record] as confidential." On November 17, 2020, the 15 Oklahoma Supreme Court denied Owasso's Petition for Certiorari, presumably rejecting these arguments. In the opinion of affiant, had Plaintiff not prevailed before the Court of Civil Appeals and the Supreme Court, Oklahoma citizens improperly denied access to Section 24A.7(A)(1) records in the future would essentially be barred from seeking judicial review, and would be left with absolutely no recourse anytime the government abuses its discretion (or otherwise acts improperly or in bad faith) in denying an Open Records request for the production of Section 24A.7(A)(1) personnel records. However, because of the work performed in this case by Plaintiffs legal counsel (which directly resulted in the Oklahoma Court of Civil Appeals' consideration and resolution of this novel issue and the Oklahoma Supreme Court's denial of certiorari), public bodies in the State of Oklahoma will no longer be permitted to refuse requests for Section 24A.7(A)(1) personnel records simply by making baseless -- and unchecked -- assertions of confidentiality. Affiant believes that by securing a ruling that established a broad interpretation and application of 51 O.S. § 24A.7(A)(1), Plaintiffs attorneys provided an important and essential service to the public4 that warrants enhancement of the requested fee, as generally permitted by the holding in Burk v. Oklahoma City, 598 P.2d 659 (Okla. 1979). 4 The ORA was enacted "to ensure and facilitate the public's right of access to, and review of, government records so (that] they may efficiently and intelligently exercise their inherent political power" -- a power which "the Oklahoma Constitution recognizes and guarantees." 51 O.S. § 24A.2. As a matter of public policy, "the people are vested with the inherent right to know and be fully informed about their government." 51 O.S. § 24A.1. Explaining this principle, the Oklahoma Supreme Court has held: Openness in government is essential to the functioning of a democracy. The greatest threat to privacy comes from government in secret. In order to verify accountability, the public must have access to government files. Such access permits checks against the arbitrary 16 13. Exceptional delay in the payment of fees. Courts addressing the issue have held that in awarding attorney fees, the "lodestar" amount may be appropriately enhanced when "an attorney's performance includes exceptional delay in the payment of fees" While acknowledging that typically under a fee - shifting arrangement, the attorney will not receive compensation until successful resolution of the litigation, these cases recognize that an enhancement may be proper where there was extraordinary delay that was unanticipated and /or unjustifiably caused by the defense. Here, Plaintiff filed his Open Records Act lawsuit against the City of Owasso on August 6, 2013. Eighty -nine (89) months later -- and after prevailing in two separate appeals and successfully opposing the petition for certiorari filed by Owasso (who was joined in its petition by the Oklahoma Municipal League as amicus curiae) -- Plaintiff was at long last awarded final judgment in his favor by the Oklahoma Supreme Court on December 30, 2020. See Mandate filed in Ross 11.5 While comprehensive statistics regarding the litigation of Open Records Act claims in Oklahoma were not immediately available at the time this Affidavit was prepared, the undersigned affiant was able to obtain statistical data about all of the lawsuits filed between 2001 and 2019 seeking enforcement of the Freedom of Information Act. Of the 8,481 total cases brought, only exercise of official power and secrecy in the political process. It gives private citizens the ability to monitor the manner in which public officers discharge their public duties and ensures that such actions are carried on in an honest, efficient, faithful, and competent manner. Okla. Public Employees Assn v. State, 267 P.3d 838 (Okla. 2011); see also 2009 OK AG 4, 19, citing 51 O.S. §§ 24A.2 & 24A.5(3)(b). 5 Plaintiff Patrick Ross was not alive to enjoy the victory, having died eleven (11) months earlier on January 21, 2020. 17 25 -- or 3/10 of one percent (0.3 %) -- lasted longer than the case now before this Court. By that metric, there is no doubt that this was a case involving the type of "exceptional delay" warranting enhancement of the fee award. 14. Other factors. Affiant reserves the right to present additional factors warranting enhancement of the fee requested herein at the hearing on February 11, 2021. C. Litigation Expenses. 15. To the best of my ability, information, and belief, the costs and related expenses that were necessarily incurred by Plaintiff in order to successfully prosecute his claim under the Oklahoma Open Records Act (and thereby obtain a court order compelling the City of Owasso to produce the "Fortney Report" that Plaintiff initially sought by way of his Open Records request submitted on June 26, 2013) total $4,887.61, consisting of filing fees, court reporter fees, online research charges, postage, copying, and other similar expenses. These costs are reflected on the attached Exhibit A -2, and do not include any of the items comprising the Oklahoma Supreme Court's $779.11 cost award in Ross H. In completing this Affidavit and Exhibit A -2, I have done my best to cull out and costs that I believe may not have been incurred in connection with Plaintiffs claim under the Act, but rather that related solely to Plaintiffs causes of action against Defendants Moberly and Reiss for defamation and slander per se, or were in furtherance of some other matter or issue that in no way affected Plaintiffs Open Records Act litigation. In my opinion, all costs so itemized on Exhibit A -2 were reasonably incurred. 18 D. Conclusion. 16. I hereby declare under oath, to the best of my knowledge, information and belief, that the attorney fees Plaintiff reasonably and necessarily incurred in the Action, Ross 1, and Ross H in order to (a) successfully prosecute his claim under the Oklahoma Open Records Act, 51 O.S. § 24A.1, et seq., (b) obtain a court order compelling Defendant City of Owasso to comply with the Act by producing the "Fortney Report," and (c) prepare and present the instant request for attorney fees and costs, totals $165.405.00. Likewise, the costs Plaintiff reasonably and necessarily incurred in connection with the foregoing (exclusive of the $779.11 in costs that the Oklahoma Supreme Court already awarded to Plaintiff in Ross 11) total $4,887.61. FURTHER AFFIANT SAITH NAUGHT. Christopher L. Camp Subscribed and sworn to before me this 121h day of January 2021. qwp (-A. nMW Notary Public My Commission Expires: MAEGA State of R Notary Public, State of Oklahoma T Commission If 18008282 My Commission Expires OB- 16.2023 19 Ross v. City of Owasso, et at. Tulsa County District Court Case No. CV- 2013 -898 Exhibit A -1 Attorney Fees Incurred by Plaintiff Ross in Connection with Prosecution of Oklahoma Open Records Act Claim and in Preparing and Presenting Plaintiff's Motion for Attorney Fees and Costs DATE 6 -18 -13 TC Patrick Ross 6 -19 -13 TC (2) Patrick Ross 6 -20 -13 TC (2) Patrick Ross 6 -21 -13 TC Patrick Ross 6 -25 -13 TC (8) Patrick Ross 6 -26 -13 TC (2) Patrick Ross 6 -27 -13 TC (3) Patrick Ross 6 -28 -13 TC (2) Patrick Ross 1 RATE HOURS CHARGE 250.00 0.0 0.00 03 i3?-09 250.00 0.0 0.00 03 75.00 250.00 0.0 0.00 03 73 99 250.00 0.0 0.00 0-1-1 39-99 250.00 0.0 0.00 325.00 250.00 0.0 0.00 03 250.00 0.0 0.00 04 X99 250.00 0.0 0.00 9.2- 3000 7 -01 -13 Receipt and review copy of con'espondence from City of 250.00 0.3 Owasso to Patrick Ross denying Ross' 6 -26 -13 request under the Oklahoma Open Records Act for a copy of the report prepared by Guy Fortney regarding City Manager Rodney Ray; analyze the grounds articulated by Owasso for denying Ross' ORA request, and in particular, Owasso's specific assertion that (a) the "report regarding Rodney Ray is not subject to disclosure" under the ORA because "a public body may keep personnel records confidential which relate to internal personnel investigations," and (b) "[n]either the City Council nor any member of City staff is in possession" of the report 7 -01 -13 Research (begin) on Westlaw Re: Whether records that a 250.00 4.2 public body otherwise has the option of designating as "confidential" under the ORA are subject to disclosure if the personnel record in question contains information that the public employee to whom the record pertains committed or potentially committed a criminal offense; locate, read, analyze decisions from other jurisdictions (including Portland v. Anderson, Oregonian Pub. v. PSD, In re Witness Before Special Grand Jtuv 2000 -2, In re Lindsev, lit re Grand Jury Subpoena Duces Tecrun, U.S. v. Nixon, Ward Telecom. & Comp. Svcs. V. N.Y., and Guard Pub. V. Lane Co. School Dist.) holding in the affirmative, and finther finding that a "government lawyer [is] duty -bound to report internal criminal violations, not to shield them from public exposure'; review Garner and Branzburg decisions (recognizing that "a government attorney should have no privilege to shield relevant information from the public citizens to whom she owes ultimate allegiance "); KeyCite all (33); draft notes summarizing findings (for use in drafting petition and prosecuting action against Owasso for its violation of the ORA) (0.5) OA CHARGE 75.00 1,050.00 DATE 7 -02 -13 Access, review, and analyze City of Owasso's agendas (posted 5 -23, 6 -14, 6 -20, and 6 -24) and minutes of City Council meetings (held 5 -24, 6 -18, 6 -21, and 6 -25) pertinent to Owasso's violations of the Open Records Act and OMA; research application of 25 O.S. § 307(B)(4); determine that City Council cannot rely upon Section 307(B)(4) to justify denial of Ross' Open Records Act request and to shield Ray investigation from disclosure because (a) the City Council did not make the required finding of "serious impairment," and (b) Section 307(B)(4) does not protect discussions of the investigative findings after the conclusion of the investigation; search for cases recor?mizing that use of "personnel record" exception to withhold information that public body's officers and employees engaged in criminal conduct undermines and impermissibly circumvents the core purpose of the Open Records Act; locate, read, and analyze cases (including Anchorage, Picton, Denver Pub. Co., SHOPO, Guv Gannett Pub., Sun Newspapers, Morning Call, Yakima Newspapers, and Journal /Sentinel) holding that a public body cannot use the confidentiality clause in a settlement agreement to avoid its duty of production under open records laws; KeyCite all (2.5); run same search parameters in Okla. Atty. Gen. Opinions database; read and analyze findings (1.0); draft notes summarizing findings (0.4) RATE 250.00 3.9 7 -02 -13 Research construction and application of 51 O.S. § 24A.7 and 250.00 interplay between Oklahoma Open Records Act and penalty provision of 25 O.S. § 307; review Handbook for CitY and Town Officials published by Oklahoma Municipal League, pull (from Westlaw), read, and analyze pertinent statutory and decisional authorities cited therein 7 -03 -13 Research on Westlaw Re: Authorities expressly holding that 250.00 a public body may act or decide matters only through a public vote formally conducted by its governing body in conformity with the requirements of the Open Meeting Act (as same relates to Mayor Bonebrake's unilateral (and thus unlawful) decision to designate Guy Fortney's report as "confidential" under 51 O.S. § 24A.7); locate case law on point; read and KeyCite same 2.1 1N CHARGE 975.00 525.00 200.00 DATE DESCRIMON RATE Ho Rs CB_ARGE 7 -03 -13 Draft letter to Owasso City Council (for client to submit 250.00 2.0 500.00 under his own signature) memorializing and challenging City Council's violation of the Oklahoma Open Records Act: proof and revise /finalize 7 -03 -13 TC (3) Patrick Ross Re: Answered client's questions 250.00 0.3 75.00 regarding anticipated Open Records Act case against the City of Owasso; suggest that client limits what he reveals about anticipated litigation when speaking with Morgan and Brown; status of delivery of July 31 letter addressing violation of Open Records Act; Bonebrake's delivery of his copy to Lombardi 7 -09 -13 Receipt and review news article by Mike Brown addressing 250.00 0.1 25.00 City Council's lack of transparency in refusing to release Guy Foutney's report regarding the crimes likely committed by Rodney Ray 7 -10 -13 TC (2) Patrick Ross Re: Evidence (including a -mails 250.00 0.6 150.00 Councilor Moberly sent to Ross and Councilor Brown) establishing or otherwise supporting Ross' claim that the decision to withhold Guy Fortney's findings from the public and to deem the written report "confidential" had already been made unilaterally by Bonebrake (rather than by the City Council, as required under Section 24A.7 of the Open Records Act) 7 -11 -13 TC Patrick Ross Re: City Council's refusal during July 91 250.00 0.2 50.00 meeting to address client's letter seeking Owasso's compliance with the Open Records Act; Councilor Moberly's demand that Ross produce all Camp Law billing statements (based on her odd assertion that the legal services Ross obtained in connection with his Open Records Act request constitutes the "transaction of public business by a public official ") 7 -15 -13 TC Patrick Ross 250.00 0.5 125.00 7 -16 -13 TC Patrick Ross 250.00 0.3 75.00 7 -17 -13 TC Patrick Ross 250.00 0.3 75.00 7 -18 -13 TC (4) Patrick Ross 250.00 0.5 125.00 9 RATE HOURS CHARGE 7 -19 -13 TC (4) Patrick Ross 250.00 0.4 100.00 7 -20 -13 TC Patrick Ross 250.00 0.1 25.00 7 -22 -13 TC Patrick Ross 250.00 0.3 75.00 7 -23 -13 TC Patrick Ross 250.00 0.3 75,00 7 -24 -13 TC (2) Patrick Ross 250.00 0.2 50.00 7 -24 -13 Meet with client to gather and review documents 250.00 2.0 500.00 7 -25 -13 TC (2) Patrick Ross 250.00 0.6 150.00 7 -26 -13 TC (2) Patrick Ross 250.00 0.4 100.00 7 -28 -13 TC Patrick Ross 250.00 0.5 125.00 7 -29 -13 Receipt (from Joey Senat) and review Open Records /OMA 250.00 2.0 500.00 Primer; identify principles and authorities addressed by same that are pertinent to instant dispute between Ross and the Owasso City Council; pull and read full text of strongest cases and AG opinions; KeyCite all; prepare notes for use in drafting petition 7 -30 -13 Research on Westlaw Re: Articles and digests addressing the 250.00 2.5 625.00 prosecution of claims against public bodies for violating sunshine laws and specifying the evidence a plaintiff must produce in order to prevail; locate and review 126 Am.Jur. POF 3d 343; pull, read, analyze, and KeyCite decisions cited therein that are analogous to the circumstances faced by Ross; read and analyze remainder of research printed out on 7 -29 -13 7 -30 -13 TC (3) Patrick Ross 250.00 0.7 175.00 7 -31 -13 TC Patrick Ross 250.00 0.1 25.00 8 -02 -13 Draft (begin) Petition for violation of the Oklahoma Open 250.00 1.0 250.00 Records Act; research (continue) on Westlaw Re: Interplay between governmental body's duty of production under the ORA and the penalty provision of the Oklahoma Open Meeting Act, 25 O.S. § 307(F)(2) 5 DATE 8 -02-13 8 -03 -13 DFscR=ov TC (2) Patrick Ross Connmuricate with client 8 -03 -13 Draft annotated chronology of events (for use in pleading Open Records Act claim and for purpose of identifying each individual open meeting violation that potentially forfeited, or otherwise bears upon.. Owasso's right (if any) under the Open Records Act to withhold the Ray investigative report from public view); to the fullest extent possible, cross - reference each separate event with corresponding agenda item, minute entry, newspaper article, e-mail, personal note, and/or other contemporaneous record; for each event, identify /articulate precise deficiency, violation, and/or malfeasance on the part of the individual City Councilors, the City Attorney, and/or other municipal employee(s) 8 -04 -13 Communicate with client RATE HotiRs 250.00 0.4 250.00 0.1 250.00 3.0 250.00 0.1 8 -04 -13 Revise annotated chronology of events; supplement with 250.00 1.2 additional factual details provided by client; modify for incorporation into "Facts" section of Petition 8 -04 -13 Draft (continue) Petition; continue work on factual details 250.00 and elemental averments; work on legal averments setting forth governing principles of sunshine laws pertinent to case at bar; research on Westlaw Re: Statutes, reported decisions, and Atty. Gen. opinions (to be cited in footnotes) supporting each legal principle /averment enumerated in the Petition 8 -05 -13 TC (3) Patrick Ross 8 -05 -13 Draft (continue) Petition 5.5 250.00 0.6 250.00 4.2 8 -05 -13 Receipt and review correspondence from Patrick Ross Re: 250.00 0.3 Client's suggested corrections and changes /additions to Petition; revise draft Petition by incorporating client's edits; e -mail client Re: Confirmation that suggested corrections and changes have been received and have been made 8 -06 -13 TC (3) Patrick Ross 250.00 0.8 CHARGE 100.00 25.00 750.00 25.00 300.00 1,315.00 150.00 1,050.00 75.00 200.00 RATE HOURS CRARGE 8 -06 -13 Draft (completed) 39 -page Petition; proof and revise: prepare 250.00 5.3 1.325.00 Exhibits "A" through "O" for attachment to Petition: prepare Civil Cover Sheet: finalize Petition for filing: draft Original Snnnnons 8 -07 -13 Receipt and review notes that client drafted and cross- 250.00 0.5 125.00 referenced with the numbered paragraphs of the Petition for use irr preparing written discovery requests and deposition questions 8 -08 -13 TC (3) Patrick Ross 250.00 0.2 50.00 8 -12 -13 Research on OSCN /ODCR and PACER: prepare chart 250.00 02 50.00 reflecting City Attorney Lombardi's representation of the 388:99 City of Owasso in all matters except for one (CJ -2010- 6989). as same potentially relates to Mayor Bonebrake's primary reason for bringing in an outside attorney to investigate Ray (i.e.. to improve the City Council's ability to shield Ray's criminal conduct fi-om public view and to sidestep its obligations under the Open Records Act) (1.0) [NO CHARGE - 0.81 8 -13 -13 TC Patrick Ross 250.00 0.1 25.00 8 -15 -13 Communicate with client 250.00 0.1 25.00 8 -16 -13 Communicate with client 250.00 0.1 25.00 8 -18 -13 TC from Patrick Ross 250.00 0.3 75.00 8 -19 -13 TC (4) Patrick Ross 250.00 0.8 200.00 8 -20 -13 TC (4) Patrick Ross 250.00 0.3 75.00 8 -26 -13 TC Patrick Ross 250.00 0.4 100.00 8 -30 -13 TC Patrick Ross 250.00 0.4 100.00 8 -31 -13 TC (2) Patrick Ross 250.00 02 50.00 9 -03 -13 Conummicate with client 250.00 0.1 25.00 9 -05 -13 TC (2) Patrick Ross 250.00 0.7 175.00 7 DATE RATE Hours 9 -06 -13 TC David Weatherford 250.00 0.3 9 -09 -13 R/R Transfer Order 250.00 0.2 9 -09 -13 R/R Appearance of Counsel and Reservation of True to 250.00 0.1 Ansiver• for Defendont Cihl of Oivasso 9 -10 -13 TC Patrick Ross 250.00 0.2 9 -12 -13 TC (2) David Weatherford 250.00 0.2 9 -14 -13 Communicate with client [NO CHARGE] 250.00 0.0 04 9 -16 -13 TC Patrick Ross 250.00 04 9 -17 -13 TC (6) Patrick Ross 250.00 1.3 9 -19 -13 TC Patrick Ross 250.00 0.3 9 -19 -13 Draft (begin) detailed letter to Owasso City Council 250.00 3.0 exhaustively responding to Councilor Jeri Moberly's demand 4-0 that Ross produce all Camp Law billing statements (since, according to Moberly, Ross was a "public official" engaged in the "transaction of public business" when he hired Camp Law to handle his dispute with the City of Owasso over the City's denial of his request for records under the Open Records Act); conduct research on Westlaw pertinent to legal assertions therein 9 -20 -13 Receipt and review e-mail thread between Ross and 250.00 0.4 Councilor Jeri Moberly Re: Moberly's demand that Ross produce all billing statements for legal services performed on his behalf in connection with Open Records dispute; identify and mark key portions of same 9 -20 -13 Draft (continue) letter to Owasso City Council; research 250.00 8.5 (continue) on Westlaw Re: Authorities supporting legal arguments CHARGE 75.00 50.00 250.00 50.00 50.00 100.00 325.00 75.00 750.00 1,000.00 100.00 2.125.00 875.00 DATE CHARGE 9 -20 -13 E -mail to client Re: Draft -in- progress of letter to Owasso 250.00 0.1 25.00 City Council addressing Councilor Moberly's demand for copies of bills reflecting work performed by Camp Law Firm in connection with the Open Records dispute between Ross and Owasso 9 -26 -13 TC Patrick Ross 250.00 0.2 50.00 9 -27 -13 TC (2) Patrick Ross 250.00 0.4 100.00 9 -27 -13 Draft (completed) letter to Owasso City Council; research 250.00 7.5 1.875.00 (completed) on Westlaw Re: Authorities supporting legal 3$ 959-99 arguments; proof and revise: finalize for service 10 -01 -13 R/R Defendant City of Owasso's Ansiver d Counterclaim: 250.00 2.7 675.00 identify allegations in Petition that Owasso is denying; analyze factual and legal grounds for counterclaims; conduct related legal research 10 -01 -13 TC (2) Patrick Ross 250.00 0.5 125.00 10 -04 -13 R/R Defendant City of Owasso's Discovery Requests to 250.00 0.2 50.00 Plaintiff Patrick D. Ross; calendar response deadline 10 -07 -13 Communicate with client [NO CHARGE] 250.00 0.0 0.00 84 2589 10 -09 -13 TC Patrick Ross 250.00 0.1 25.00 10 -10 -13 TC Patrick Ross 250.00 0.4 100.00 10 -11 -13 TC David Weatherford 250.00 0.2 50.00 10 -17 -13 Draft PlainNfs Motion to Strike Affurnrative Defenses and to 250.00 6.5 1,625.00 Deem Admitted Portions of Defendant's Answer 10 -17 -13 TC Patrick Ross 250.00 0.2 50.00 10 -18 -13 Revise Plaintiff's Motion to Strike Afnnative Defenses and 250.00 0.3 75.00 to Deem Admitted Portions of Defendant's Answer 10 -18 -13 TC (2) Patrick Ross 250.00 0.5 125.00 DATE DESCREMON RATE HoLRs 10 -21 -13 Draft Answer to Counterclaims; review 12 O.S. §§ 2008 & 250.00 0.5 0.2 2012; identify other available affirmative defenses 11 -06 -13 TC (3) Patrick Ross 10 -23 -13 TC David Weatherford 250.00 0.1 10 -23 -13 Communicate with client 250.00 0.2 10 -29 -13 TC Patrick Ross 250.00 0.3 10 -30 -13 TC Patrick Ross CHARGE 125.00 25.00 50.00 75.00 250.00 0.4 100.00 10 -31 -13 TC (2) David Weatherford 250.00 0.1 25.00 11 -01 -13 TC (2) Patrick Ross 250.00 0.2 50.00 11 -06 -13 TC (3) Patrick Ross 250.00 0.8 200.00 11 -07 -13 RIR Defendant's Application for Extension of Time to 250.00 0.1 25.00 Respond to Motion to Stoke 11 -12 -13 R/R Order Granting Extension of Time to Respond to Motion 250.00 0.1 25.00 to Strike 11 -15 -13 TC (3) Patrick Ross 250.00 0.3 75.00 11 -19 -13 R/R Defendant Cifi of Owasso's Response to Motion to 250.00 0.8 200.00 Strike; analyze arguments; pull, read, and KeyCite cases cited in Response; draft notes regarding same 11 -19 -13 TC (2) Patrick Ross Re: Owasso's Response to Motionn to 250.00 0.8 200.00 Strike 11 -19 -13 TC David Weatherford 250.00 0.1 25.00 11-20-13 Receipt and review a -mails (3) from client (with attachments) 250.00 0.4 100.00 Re: Client's chronology and detailed observations relating to Guy Fortney's investigation of City Manager Rodney Ray and preparation of the report detailing his findings, efforts by Mayor Bonebrake and others to prevent Fortuey's report (or any of the information and conclusions set forth therein) from being made public, and all related City Council meetings 11 -21 -13 Conum micate with client [NO CHARGE] 250.00 04 25.00 10 DATE DESCRSIIOM RATE HOLIES CHARGE 11 -23 -13 Receipt, review, and respond to correspondence from client 250.00 0.4 200.00 Re: Mayor Bonebrake's statement that investigation was finished and Fortney had completed his report: locate 6 -21- 13 Tulsa World article memorializing statement (as same relates to Owasso's version of the facts in Open Records litigation): forward to client 11 -27 -13 R/R Order Deriving Plai ifij s Motion to Strike Afnnative 250.00 0.1 25.00 Defenses and to Deem Admitted Portions of Defendant's Ansnver 12 -03 -13 TC David Weatherford 250.00 0.3 75.00 12 -10 -13 TC Patrick Ross 250.00 0.1 25.00 12 -13 -13 TC Patrick Ross 250.00 0.4 100.00 12 -17 -13 TC (3) fi-om Patrick Ross 250.00 1.1 275.00 12 -24 -13 TC Patrick Ross [NO CHARGE] 250.00 0.0 0.00 04 X5.00 1 -21 -14 TC (4) fiom Patrick Ross 250.00 0.3 75.00 2 -04 -14 TC Patrick Ross 250.00 0.2 50.00 2 -14 -14 TC Patrick Ross 250.00 0.4 100.00 2 -21 -14 Communicate with client [NO CHARGE] 250.00 0.0 0.00 44 "goo 2 -23 -14 Communicate with client [NO CHARGE] 250.00 0.0 0.00 9-2 50 QQ 2 -25 -14 Receipt from client and review e-mail thread between client, 250.00 0.0 0.00 City Attorney Julie Lombardi, and City Councilor Jeri 93 X00 Moberly Re: "Citizen complaint" allegedly received by Moberly purportedly complaining of Ross' statements about the corruption of city employees; draft response [NO CHARGE] 2 -26 -14 Receipt (fi-om Judge Fitzgerald) and review Scheduling 250.00 0.1 25.00 Conference Docket; update calendar 11 DATE DESCRIPTION RATE HOURS CHARGE 2 -28 -14 TC David Weatherford 250.00 0.1 25.00 3 -27 -14 Appear before Hon. Mary Fitzgerald for scheduling 250.00 0.8 200.00 conference 3 -28 -14 TC Patrick Ross 250.00 0.2 50.00 3 -28 -14 TC (2) David Weatherford 250.00 0.2 50.00 3 -29 -14 Receipt and review correspondence from client; review 250.00 0.4 100.00 attached transcript of Councilor Moberly's statements at the 8 -06 -13 meeting of the City Council Re: Open Records dispute; Moberly's view that Ross is "glorifying the idea of transparency," and her demand that Ross produce all Camp Law billing statements (which Moberly "estimate[s] to be in excess of ten thousand dollars "); communicate with client following review of transcript 4 -01 -14 R/R Scheduling Order; update calendar 250.00 0.2 50.00 4 -08 -14 TC Patrick Ross 250.00 0.1 4 -09 -14 TC David Weatherford Re: Possibility of settlement: 250.00 0.1 Weatherford's preparation of draft Settlement Agreement and Release 4 -09 -14 Receipt, review, and analyze Weatherford's first draft of 250.00 0.2 proposed Settlement Agreement and Release (whereby, inter alia, the parties would enter into a mutual release, agree to pay all of their own attorney fees and litigation expenses, and Owasso would release Fortney's report as a public document by 4 -16 -14 and waive any claims that the document is not subject to public disclosure) and accompanying mutual Dismissal with Prejudice (proposed); Weatherford requesting immediate review in hopes of moving forward with an agenda item at 4 -15 -14 City Council meeting 12 25.00 25.00 50.00 DATE DESCRIPTION RATE HouRs 4 -09 -14 Draft detailed correspondence to client Re: Request that 250.00 0.3 client review proposed Settlement -4g eement and Release; necessity that all investigative materials be released, concerns regarding possible abuse of non - disparagement clause (as currently worded), City's retraction of defamatory remarks about Ross, inclusion in coumteroffer of demand for attorney fees to which Ross would be entitled under Open Records Act, and other miscellaneous issues 4 -09 -14 Receive e-mail from client responding to earlier request that 250.00 0.2 he review the proposed Settlement Agreement review /analyze attached red -lined draft 4 -09 -14 TC (2) Patrick Ross Re: Changes to Settlement Agreement; 250.00 0.3 negotiations 4 -09 -14 Meeting with David Weatherford Re: Continued settlement 250.00 0.6 negotiations; work on resolving various disputes as to wording of SetdementAgreement 4 -09 -14 Receive correspondence from David Weatherford (with 250.00 0.1 attachment); review first edits to Settlement Agreement; Weatherford's plan to contact Guy Fortney in follow -up to issues raised at earlier meeting CHARGE 75.00 50.00 75.00 150.00 25.00 4 -11 -14 TC David Weatherford 250.00 0.1 25.00 4 -11 -14 Receipt and review e-mail from Patrick Ross Re: Changes to 250.00 0.1 25.00 ¶T 1 & 7 and grounds for same, stance on recovery of fees, and negotiation strategy 4 -12 -14 TC Patrick Ross 250.00 0.1 4 -13 -14 Receive e-mail from client Re: Terms of settlement; 250.00 0.5 review /analyze changes and additions to latest proposed draft of Settlement Agreement (0.2); communicate with client Re: Same (0.3) 4 -14 -14 Draft correspondence to David Weatherford Re: Status of 250.00 0.1 client's review of, and revisions to, draft Settlement 4greemenr, anticipated completion and delivery of same to Weatherford 4 -14 -14 TC from David Weatherford 250.00 0.1 13 25.00 125.00 25.00 25.00 DATE DESCRIPTION RUTE HOLRS 4 -14 -14 TC (3) Patrick Ross 250.00 0.6 4 -14 -14 Revise Settlement Agreement; forward copy of same to 250.00 0.5 Weatherford and Ross; review documents file in preparation for drafting "Attachment A" 4 -15 -14 TC (3) David Weatherford (0.3); receipt and review 250.00 0.4 correspondence from Weatherford Re: Incorporation into Settlement Agreement of some requested changes, Weatherford's belief that latest version is likely the best Owasso is willing to do, and acknowledgment that if no agreement can be reached to conclude the Open Records litigation, the parties are likely to "spend a fortune, with some risk, over the next several months" (0.1) 4 -15 -14 TC (3) Patrick Ross Re: Conversations /negotiations with 250.00 0.3 Weatherford, substance of Weatherford's written correspondence, and apparent acknowledgment on the part of Owasso regarding the high cost of litigating Ross' Open Records suit; address different fee - shifting standards applicable to each party under the Open Records Act: discussed items to be included in "Attachment A" 4 -15 -14 Draft "Attachment A" to proposed Settlement Agreement 250.00 0.3 4 -15 -14 Draft correspondence to client Re: Completion of 250.00 0.2 "Attachment A ", view that statements not specifically referenced therein likely constitute opinion and/or are too vague to warrant inclusion in Settlement Agreement CIARGE 150.00 125.00 100.00 75.00 75.00 4 -15 -14 Draft correspondence to David Weatherford (with 250.00 0.4 100.00 attachment) Re: Transmittal of "Attachment A ", thought process regarding contents of same, firm counteroffer, Ross standing farm on demand that Owasso retract all disparaging remarks about him and pay the attorney fees he incurred to obtain Owasso's compliance with his Open Records request seeking Guy Fortney's report (02); TC (3) Weatherford Re: Following up on same (02) 4 -17 -14 Communicate with client [NO CHARGE] 250.00 0.0 0.00 04 -25.00 4 -24 -13 TC David Weatherford 250.00 0.1 25.00 14 DATE DESCRIPTION RATE HOURS CHARGE 4 -28 -14 TC Patrick Ross 250.00 0.1 2500 4 -30 -14 TC David Weatherford 250.00 0.1 25.00 5 -01 -14 TC David Weatherford 250.00 0.1 25.00 5 -12 -14 TC (2) Patrick Ross 250.00 0.2 50.00 5 -28 -14 Receipt and review correspondence from David Weatherford 250.00 0.2 50.00 (with attachment) Re: Attempts to restart settlement talks and Owasso's continued refusal to compensate Ross for the attorney fees incurred in pursuit of Owasso's compliance with his Open Records request; review and analyze Weatherford's latest revisions to proposed Settlement Agreement 6 -04 -14 Communicate with client Re: Events occurring in executive 250.00 0.4 100.00 session on 6 -21 -13 and 6 -25 -13 pertinent to Open Records Act action 6 -25 -14 TC (2) David Weatherford 250.00 0.1 25.00 7 -01 -14 Communicate with client Re: Deposition of Moberly 250.00 0.2 50.00 7 -09 -14 Communicate with client Re: Request for update 250.00 0.2 50.00 7 -10 -14 Meet with client (2.0) [NO CHARGE - 1.0] 250.00 1.0 250.00 4-0 250.09 7 -10 -14 Receipt and review Carol Weatherly correspondence to 250.00 0.0 0.00 Mayor Bonebrake Re: Harassment of Ross and Brown for 04 25.00 their opposition to unlawful practices [NO CHARGE] 7 -10 -14 Work on identification of `privilege violations" that City of 250.00 3.1 775.00 Owasso claims Plaintiff committed by filing Open Records action (0.8); conduct legal research Re: Invalidity of position (2.0); communicate with client Re: Findings (0.3) 7 -10 -14 TC David Weatherford Re: Amended scheduling order 250.00 02 50.00 7 -14 -14 Communicate with client 250.00 0.1 25.00 7 -17 -14 Conununicate with client [NO CHARGE] 250.00 0.0 0.00 04 9540 15 DATE DESCRrPnoN RATE HOURS CHARGE 7 -18 -14 Communicate (multiple) with David Weatherford Re: 250.00 0.2 50.00 Coordination of signature and presentation of Amended Scheduling Order 7 -21 -14 Draft Amended Petition 250.00 2.1 525.00 7 -28 -14 R/R Amended Scheduling Order; update calendar; e-mail 250.00 0.2 50.00 correspondence with David Weatherford Re: Same 7 -28 -14 Receipt, review, and respond to correspondence from client 250.00 0.1 25.00 Re: Amended Scheduling Order and amendments to Petition 7 -29 -14 Receipt and review correspondence from client Re: 250.00 0.4 100.00 Monitoring of Open Records litigation (0.1); TC Patrick Ross Re: Same; general matters (0.3) 7 -29 -14 Correspondence (multiple) with Keith Wilkes (attorney hired 250.00 0.0 0.00 by City of Owasso to represent Councilor Jeri Moberly) [NO 04 i25.00 CHARGE]; receipt, review, and respond to multiple a -mails from client Re: Same [NO CHARGE] 7 -30 -14 Communicate with client [NO CHARGE] 250.00 0.0 0.00 4,4 1 44 7 -31 -14 Communicate with client 250.00 0.1 25.00 8 -04 -14 Communicate with client 250.00 0.1 25.00 8 -05 -14 Receipt, review, and respond to a -mails from client Re: 250.00 0.2 50.00 Client's request for recommendation on handling inquiries regarding item on agenda for upcoming City Council meeting referencing Amended Petition filed in Open Records litigation 8 -08 -14 R/R Answer to Amended Petition; identify allegations in 250.00 1.2 300.00 Petition that Owasso is denying; analyze factual and legal grounds for newly- asserted counterclaims; conduct related legal research 9 -09 -14 Receipt, review, and respond to a -mails from client Re: 250.00 0.1 25.00 Recent court filings and delivery of copies 16 DATE DESCRRWrioN RATE HOURS 10 -08 -14 R/R email correspondence from David Weatherford Re: 250.00 0.1 Responses to prior written discovery requests and need for protective order to cover executive session issues in discovery/depositions- 10-15-14 Communicate with client 250.00 0.2 10 -20 -14 Communicate with client [NO CIIARGE] 250.00 0.0 10 -22 -14 Communicate with client [NO CHARGE] 250.00 10 -23 -14 Communicate with client Re: Upcoming call with David 250.00 Weatherford 10 -23 -14 Correspondence with David Weatherford Re: Follow -tip on 250.00 issues raised in 10 -08 -14 e-mail and coordination of TC Re: Same 10 -26 -14 Communicate with client 250.00 10 -28 -14 Coniammicate with client [NO CHARGE] 250.00 11 -05 -14 TC Patrick Ross 250.00 11 -07 -14 Communicate with client [NO CHARGE] 250.00 11 -14 -14 Communicate with client [NO CHARGE] 250.00 12 -01 -14 R/R Witness and Exhibit List of Defendant Cih, of Orvasso 250.00 12 -04 -14 R/R correspondence fi-om opposing counsel Re: Agreed 250.00 Protective Order issues. witness and exhibit lists and deposition of Plaintiff 12 -09 -14 Draft correspondence to opposing counsel Re: Conference to 250.00 discuss protective order proposals; coordination of same 17 93 0.0 0.2 0.1 0.1 0.0 94 0.3 0.0 04 0.0 04 0.1 02 0.1 CHARGE 25.00 25.00 75.00 0.00 3.99 0.00 25.00 50.00 25.00 DATE DESCRIPTION RATE HOLRs CHARGE 12 -10 -14 TC David Weatherford Re: Request for highlighted version 250.00 0.1 25.00 of previous settlement agreement; draft of Agreed Protective Order 12 -10 -14 TC Patrick Ross Re: Issues regarding Agreed Protective 250.00 0.4 100.00 Order; concerns with draft prepared by defense counsel 12 -10 -14 TC David Weatherford 250.00 0.1 25.00 12 -11 -14 R/R correspondence from Keith Wilkes Re: telephone 250.00 0.1 25.00 conference with David Weatherford regarding proposed protective order issues, deposition scheduling, case scheduling, and conflicts 12 -16 -14 R/R correspondence from opposing counsel Re: Dates 250.00 0.1 25.00 Plaintiff is available to be deposed; request that Ross tender formal, written settlement demand to Weatherford and Wilkes 12 -16 -14 TC Patrick Ross Re: Defendant's request that Ross tender a 250.00 0.4 100.00 formal, written settlement demand; possible terms 12 -16 -14 Prepare for and participate in conference call with Keith 250.00 0.6 150.00 Wilkes and David Weatherford; deposition scheduling 12 -17 -14 TC Patrick Ross Re: Settlement issues; no regularly- 250.00 0.2 50.00 scheduled City Council meeting to be held again until 1 -06- 15 12 -17 -14 Prepare settlement offer and present to opposing counsel 250.00 0.4 100.00 12 -19 -14 TC Patrick Ross Re: Status of settlement negotiations:_ issues 250.00 0.4 100.00 relating to same 12 -22 -14 Receipt and review audio of 8 -06 and 8 -13 City Council 250.00 0.5 125.00 meetings; note missing portion of 8 -13 meeting and compare with notes Re: Comments (if any) as to Open Records compliance 12 -23 -14 TC David Weatherford 250.00 0.2 50.00 12 -23 -14 TC (2) Patrick Ross 250.00 0.2 50.00 12 -23 -14 Communicate with Keith Wilkes Re: transcript of apology 250.00 0.2 DATE DESCRIM ON RAZE HOURS CrURGE 12 -29 -14 Receipt and review e-mail from client Re: List of specific 250.00 0.3 information and records that client is requesting be obtained through written, testimonial; and document discovery: prepare notes Re: Initial ideas /strategy regarding same 1 -08 -15 Correspondence with David Weatherford (with attachments); 250.00 0.3 review revised/amended scheduling order and application regarding same; TC Weatherford Re: Incorporation of requested change to deadline for submitting witness and exhibit lists and presentation to judge 1 -12 -15 TC Patrick Ross Re: Defendant of Owasso's Discover- 250.00 0.3 Requests 1 -22 -15 R/RNotice of Hearing; update calendar 250.00 0.1 1 -22 -15 Receipt, review, and respond to correspondence from client 250.00 0.2 Re: Depositions addressing Open Records dispute 1 -27 -15 Draft Plaintiff's Ritness R• Exhibit List, review file and 250.00 1.0 correspondence from client in preparing same 1 -29 -15 Draft PlaintiPanick Ross' Responses to Defendant Cih+ of 250.00 2.9 Owasso's Discovery Requests (0.7); review documents file for purpose of locating records responsive to Interrogatory No. 3 and Request for Production No. 2 and review personal notes provided by client (1.0); research on Westlaw Re: Temporal parameters of attomey /client privilege (0.8); application of work product privilege (0.4); determine that responsive records are privileged and protected from disclosure 1 -29 -15 Finalize discovery responses and deliver to David 250.00 0.3 Weatherford; draft correspondence to Weatherford Re: Same; privilege issues; witness and exhibit list; pretrial conference currently set for 2 -13 -15 75.00 75.00 75.00 25.00 50.00 250.00 725.00 75.00 2 -10 -15 TC David Weatherford 250.00 0.1 25.00 2 -10 -15 Communicate with opposing counsel Re: Pre -trial setting and 250.00 0.1 25.00 depositions 19 2 -10 -15 Conummicate with David Weatherford Re: Weatherford's 250.00 0.2 proposed amendments to scheduling order and Wilkes' revisions to same 2 -11 -15 Receipt and review correspondence from client (with 250.00 0.4 attachments); review and analyze client's notes regarding City of Owasso's counterclaims to Ross' Open Records action 2 -11 -15 R/R City of Owasso's UnopposedApplicntion forAnrended 250.00 0.1 Scheduling Order 2 -12 -15 R/R correspondence from David Weatherford regarding new 250.00 0.1 scheduling order, cancellation of the 2 -13 -15 pretrial conference, completion of the proposed Agreed Protective Order, and deposition scheduling CHARGE 50.00 100.00 25.00 25.00 2 -14 -15 R/R correspondence from opposing counsel attaching most 250.00 0.5 125.00 recent draft ofproposedAgreedProtective Order; review and edit proposed order 2 -19 -15 Receipt, review, and respond to correspondence from 250.00 0.1 25.00 opposing counsel Re: Signature of and/or input regarding proposed protective order 2 -20 -15 R/R correspondence from opposing counsel (with 250.00 0.2 50.00 attachment) Re: Proposed Agreed Protective Order, dispute over particular terms; status 2 -24 -15 R/R correspondence from opposing counsel attaching 250.00 0.1 25.00 Agreed Protective Order; Defendants' execution of same 2 -26 -15 Draft correspondence to opposing counsel Re: Request for 250.00 0.1 25.00 phone conference; concerns with particular terns of Agreed Protective Order; scheduling issues and availability for discovery 3 -02 -15 R/R correspondence fi-om opposing counsel Re: Depositions 250.00 0.1 25.00 and coordination of conference regarding Agreed Protective Order, discovery, and other issues 20 3 -03 -15 R/R correspondence fi-om opposing counsel Re: Availability 250.00 0.1 to conduct a conference to resolve any farther questions or concerns regarding the proposed Agreed Protective Order; timing of 3 -04 -15 Communicate with client 250.00 0.1 3 -18 -15 RJR Defendannts 'TointMotionforProtectiveOrder 250.00 0.2 3 -20 -15 RJR file- stamped Agreed Protective Order 250.00 0.1 3 -30 -15 Review evidentiary docunuents and pleadings file in 250.00 1.4 preparation for drafting targeted discovery requests to City of Owasso 3 -30 -15 Draft (begin) Plaintiffs Combined First Set of 250.00 3.0 Interrogatories, Requests for Production, and Requests for Admission to Defendmnt Cih' of Owasso 3 -31 -15 TC Patrick Ross Re: Client's input regarding written 250.00 0.1 discovery requests to be served on Owasso 3 -31 -15 Draft (completed) 34 -pp. Plaint's Combined First Set of 250.00 3.5 Interrogatories, Requests for Production, and Requests for Admission to Defendant Cihl of Owasso; proof, revise, and finalize for service 3 -31 -15 Correspondence to David Weatherford Re: Transmittal of 250.00 0.3 Plaintiffs Combined First Set of Interrogatories, Requests for Production, and Requests for Admission to Defendant Cihy of Owasso; communicate with David Weatherford Re: Expedited responses and request for Word version 4 -04 -15 TC David Weatherford 250.00 0.1 4 -04 -15 Draft (begin) Plaintiff's Motion to Mode Agreed" Protective Order because the current order improperly (a) grants Defendants the ability to unilaterally decide whether something is relevant, and (b) shifts the burden and expense of proving relevance onto the requesting party; research on Westlaw Re: Cases holding that the resisting or responding party bears the burden of showing lack of relevance; locate, review, and KeyCite YWCA v. k1elson, 994 P.2d 304 (Okla. 1997) 21 250.00 25.00 50.00 25.00 350.00 25.00 800.00 FAVIC 25.00 275.00 DATE RATE HOURS CHARGE 4 -07 -15 TC Patrick Ross 250.00 0.4 100.00 4 -17 -15 Receipt, review, and respond to correspondence from 250.00 0.1 25.00 opposing counsel Re: Discovery: outstanding issues 4 -30 -15 TC David Weatherford 275.00 0.1 27.50 5 -01 -15 E -mail fiom David Weatherford 275.00 0.1 27.50 6 -01 -15 Review proposed Amended Scheduling Order and request to 275.00 0.1 27.50 strike pretrial 6 -01 -15 TC David Weatherford Re: New proposed deadlines and 275.00 0.2 55.00 related schedulins issues 6 -01 -15 R/R Unopposed Application for Amended Scheduling Order 275.00 0.0 0.00 [NO CILARGE] 04 27.50 6 -08 -15 RJR Second Amended Scheduling Order as entered: update 275.00 0.1 2750 calendar 6 -10 -15 R/R correspondence from David Weatherford: review 275.00 0.6 165.00 attached City ofOwasso's Answer to Interrogatories and Cih' of Owasso's Response to Requests for Admissions 6 -15 -15 R/R correspondence from opposing counsel Re: Preliminary 275.00 01 27.50 witness & exhibit lists and incorporation by reference to most previous lists 7 -10 -15 TC (2) David Weatherford 275.00 0.2 55.00 7 -13 -15 Communicate with client 275.00 0.1 27.50 7 -16 -15 R/R FVitness mid Exhibit List of Defendant Citr of Owasso 275.00 0.1 27.50 7 -22 -15 TC (2) Patrick Ross Re: Discovery 275.00 0.7 192.50 7 -24 -15 TC Patrick Ross Re: Follow -up to 7 -22 -15 call addressing 275.00 0.4 110.00 discovery DATE DESCRIMON RATE HOURS CHARGE 7 -28 -15 Meeting with David Weatherford Re: Document production 275.00 1.2 3;0.00 and request for ESI; scheduling issues; coordination of mediation and agreement to use John Rothman; depositions to be taken; forthcoming request for supplementation of Owasso's discovery responses 7 -29 -15 Receipt and review Cih' of Owasso's Response to Requests 275.00 1.5 412.50 on for Doctents and accompanying 72 -pp. document production 7 -29 -15 E -mail correspondence (multiple) with client Re: Owasso's 275.00 0.2 55.00 discovery responses, issues spotted by client, and suggested follow -up questions when deposing Owasso's 12 O.S. § 3230(C)(5) designee 8 -04 -15 TC David Weatherford 275.00 0.1 8 -12 -15 TC Patrick Ross Re: Deposition scheduling and dates of 275.00 0.2 unavailability due to upcoming surgery 8 -13 -15 TC David Weatherford 8 -14 -15 TC Patrick Ross 275.00 0.2 275.00 0.2 8 -17 -15 Meeting with Patrick Ross Re: Document review; possible 275.00 0.5 supplemental production by Ross 8 -18 -15 TC Patrick Ross Re: Identification of potentially responsive 275.00 0.2 records lost in hard drive crash; possible availability elsewhere; documents that Wichmann and Alexander have located and will be delivering 8 -24 -15 TC from David Weatherford Re: Mediation to be scheduled 275.00 0.2 with Michael Gassett 8 -30 -15 TC Patrick Ross Re: Status of location/identification of 275.00 0.5 additional records responsive to Defendant's document requests; receipt and review multiple a -mails attaching responsive documents; analyze, organize, and mark same for production 23 27.50 55.00 55.00 55.00 137.50 55.00 137.50 DATE RATE HouRS CHARGE 8 -31 -15 Correspondence with client Re. Client's review of document 275.00 0.2 55.00 production (in final format); client's approval and authorization to produce same to opposing counsel: mediation 8 -31 -15 Receipt from client and review partial transcript of audio 275.00 0.2 55.00 recording of Sept. 2013 City Council meeting 9 -01 -15 E -mail correspondence to Wilkes and Weatherford Re: 275.00 0.0 0.00 Transmittal of Ross' document production [NO CHARGE] 4.4 9 -01 -15 Receipt, review, and respond to correspondence from 275.00 0.2 55.00 Shannon with Mediators of Oklahoma Re: Confirmation and details of mediation scheduled for 9- 30 -15; TC client Re: Same 9 -14 -15 TC Patrick Ross Re: Mediation 275.00 0.3 82.50 9 -17 -15 R/R Notice of Hearing (resetting pre -trial conference) 275.00 0.1 27.50 9 -23 -15 Receipt, review, and respond to correspondence from client 275.00 0.2 55.00 Re: Status of preparation of mediation statement; opening demand and acceptable parameters 9 -28 -15 TC Patrick Ross Re: Discuss possible terms of opening offer; 275.00 0.2 55.00 client's authorization to prepare demand on his behalf based on experience, expertise, and best judgment 9 -28 -15 Draft Mediation Statement; proof, revise, and finalize; 275.00 2.5 687.50 prepare attachments 9 -28 -15 TC Pahick Ross Re: Review of mediation statement and 275.00 0.1 27.50 approval to send 9 -28 -15 Draft correspondence to mediator Michael Gassett (with 275.00 0.2 55.00 attachments) Re: Upcoming mediation 9 -30 -15 Prepare for mediation; attend and participate in mediation 275.00 6.0 1,650.00 10 -04 -15 Communicate with client Re: Status of preparation of formal 275.00 0.1 27.50 settlement documents 10 -05 -15 R1RPartia7 Disndssal with Prejudice and Stipidation; review 275.00 0.4 110.00 mediation documents 24 DATE.. DESCRIMON RATE HOURS CHARGE 10 -06 -15 Communicate with client Re: Partial Dismissal with 275.00 0.5 117.50 Prejudice and Stipulation (0.3); issues with City Council (0.2) 10 -06 -15 Revise Partial Dismissal with Prejudice and Stipulation; e- 275.00 0.1 27.50 mail revised draft to David Weatherford for review 10 -07 -15 Communicate with client Re: Client's approval of revisions 275.00 0.2 55.00 to Partial Dismissal with Prejudice and Stipulation 10 -08 -15 Communicate with Keith Wilkes Re: Settlement agreement 275.00 0.0 0.00 and dismissal with prejudice of claims against Moberly [NO 04 83.58 CHARGE] 10 -21 -15 Communicate with client Re: Client's questions regarding 275.00 0.2 55.00 strategy going forward 10 -22 -15 Communicate with client, J.B. Alexander, and Chuck 275.00 0.2 55.00 Wichmann Re: Open records request to City of Owasso for Newton O'Connor's billing in this case; review billing abstract 10 -30 -15 Receipt and review correspondence from client Re: 275.00 0.4 110.00 Depositions; case expenses, Fortney Report, and recovery of attorney fees (0.2); TC Patrick Ross Re: Same (0.2) 11 -09 -15 TC David Weatherford 275.00 0.2 55.00 11 -09 -15 Draft correspondence to client Re: Depositions and certain 275.00 0.2 55.00 testimony needed pertaining to Open Records violation; payment of mediation fee 11 -16 -15 R/R file- stamped copy of Scheduling Order; update calendar 275.00 0.1 27.50 11 -17 -15 Receipt, review, and respond to correspondence from client 275.00 0.2 55.00 Re: Miscellaneous questions about pending Open Records claim 11 -18 -15 TC Patrick Ross 275.00 0.5 137.50 11 -20 -15 Receipt, review, and respond to correspondence from client 275.00 0.1 27.50 11 -25 -15 Communicate with client 275.00 0.1 27.50 25 DATE RATE HOURS CHARGE 12 -07 -15 Receipt, review, and respond to correspondence from client 275.00 0.1 27.50 1 -18 -16 R/R THItness and Exhibit List of Defendant Cih- of Owasso 275.00 0.1 27.50 2 -09 -16 TC with David Weatherford 275.00 0.2 55.00 2 -10 -16 TC with David Weatherford 275.00 0.2 55.00 2 -22 -16 R/R City of Owasso's Motion far Sunnnary Judgment and 275.00 1.0 275.00 Brief in Support Thereof, analyze; pull and read legal authorities cited by Owasso; draft preliminary notes Re: Responsive argtunents 2 -25 -16 TC with David Weatherford 275.00 0.2 55.00 2 -26 -16 Meeting with David Weatherford 275.00 1.0 275.00 2 -26 -16 Draft notes memorializing key points raised and/or alluded 275.00 0.7 192.50 to during meeting with Weatherford and summarizing the various arguments that Owasso will be making to support its position that it did not violate the Open Records Act 3 -04 -16 Draft Plaintiff's Unopposed Application to Enlarge Deadline 275.00 0.9 247.50 for Responding to Defendant's Motion for Summary Judgment and Discovery Deadline and accompanying proposed order granting same 3 -18 -16 TC with David Weatherford 275.00 0.2 55.00 3 -22 -16 TC with David Weatherford 275.00 0.2 55.00 4 -07 -16 TC Judge Fitzgerald's chambers Re: Agreed enlargement of 275.00 0.1 27.50 deadline for responding to City of Owasso's Motion for Sunmtary Judgment 4 -15 -16 TC with David Weatherford 275.00 0.2 55.00 4 -23 -16 Prepare (begin) for deposition of Julie Lombardi; identify 275.00 6.0 and assemble documents that will be introduced as exhibits or otherwise referred to during deposition: review pleadings, Am.Jur. POF article, and list of key legal points regarding application of Open Records Act; identify and prepare list of evidentiary points that Plaintiff must establish through the testimony of Owasso's 12 O.S. § 3230(C)(5) designee; draft (begin) questions and work on examination strategy; review portions of pleadings and motions filed by Lombardi in other cases in which Lombardi, on behalf of Owasso, acknowledged certain points that can be used to support Ross' arguments here CHARGE 1.650.00 4 -24 -16 Prepare (continue) for deposition of Judie Lombardi (portions 275.00 4.5 1,237.50 with client); draft (completed) examination questions; finalize deposition exhibits 4 -25 -16 Prepare (completed) for deposition of Julie Lombardi; briefly 275.00 0.5 137.50 review notes, questions, and exhibits 4 -25 -16 Appear at Owasso City Hall; depose City Attorney Julie 275.00 3.5 962.50 Lombardi (as Owasso's 12 O.S. § 3230(C)(5) designee) 5 -13 -16 Receipt, review, and respond to correspondence from client 275.00 0.1 27.50 Re: Question regarding Lombardi deposition and transcript 5 -16 -16 Prepare bookmarked copy of PDF Lombardi deposition 275.00 0.4 110.00 exhibits for delivery to Rachael Roper, CSR; draft correspondence to Roper Re: Transmittal of same; unused exhibits 5 -16 -16 Draft Plainfi s Unopposed Application to EnlargeDendline 275.00 0.4 110.00 for Responding to Defendant's Motion for Summary Judgment and accompanying proposed order granting same 5 -20 -16 Receipt, review, and respond to correspondence from Court 275.00 0.2 55.00 Reporter Rachael Roper Re: Completion of Lombardi deposition transcript and related issues 5 -21 -16 Receipt, review, analyze, and annotate transcript of 275.00 3.5 962.50 deposition of Julie Lombardi/Owasso 3230(C)(5) designee 5 -23 -16 R/R Order signed by Judge Fitzgerald granting enlargement 275.00 0.0 0.00 of briefing deadline [NO CHARGE] 4.4 ?758 27 DATE DESCRIPTION RATE CHARGE 5 -25 -16 Draft Affidavit of Patrick Ross (0.6); review client notes 275.00 1.1 302.50 regarding factual details (0.5) 5 -25 -16 Draft (begin) PlaintiffPahickRoss'Response in Opposition 275.00 2.0 550.00 to Defendant City of Owasso's Motion for Summary Judgment; conduct related legal research on Westlaw 5 -25 -16 Research (offliue); read and analyze Springfield, OPEA, 275.00 1.4 385.00 Chasngfff, Giiver, Fincher, Denver Post, and Prac. Guide to Emp. L. § 8.4.3 (regarding personnel file exception under Open Records Act, application of same, and matters not falling within exception) 5 -26 -16 Draft (continue) Plaints Patrick Ross' Response in 275.00 3.2 880.00 Opposition to Defendant City of Owasso's Motion for Summary Judgment; conduct related legal research on Westlaw 5 -27 -16 Draft Plaintiff's Unopposed Application to File Brief in 275.00 1.0 275.00 Response to Defendant's Motion for Stanmary Judgment and Exhibits Thereto Under Seal (0.6); research in Oklahoma Statutes Re: Standards for sealing court filings and compliance requirements: review 51 O.S. § 24A29 (0.4) 5 -27 -16 Draft (continue) Plaintiff Patrick Ross' Response in 275.00 5.5 1,512.50 Opposition to Defendant Cih7 of Owasso's Motion for Stnnniary Judgment; conduct related legal research on Westlaw 5 -27 -16 Prepare Acknowledgment of Parties Filing Confidential 275.00 0.3 82.50 Material in District Court Case 5 -28 -16 Draft (continue) Plaintiff Patrick Ross' Response in 275.00 6.0 1;650.00 Opposition to Defendant City of Owasso's Motion for Summary Judgment; conduct related legal research on Westlaw 5 -29 -16 Draft (continue) Plaintiff Patrick Ross' Response in 275.00 3.7 1,017.50 Opposition to Defendant City of Owasso's Motion for- Summary Judgment, conduct related legal research on Westlaw 5 -31 -16 Draft Amended Certificate of Delivery 275.00 0.2 55.00 28 DATE RATE CHARGE 5 -31 -16 Draft (continue) Plaints Patrick Ross' Response in 275.00 5.0 1.375.00 Opposition to Defendant City of Owasso's Motion for Si nnnan, Judgment; conduct related legal research on Westlaw 6 -01 -16 Draft (completed) Plaintiff Patick Ross' Response in 275.00 5.8 1.595.00 Opposition to Defendant Cini of Owasso's Motion for Sunnnmy Judgment; proof and revise: prepare Exhibits A, 1, 2,4,6,10,18-20,22-25 & 29 -34 for submission with brief 6 -10 -16 Communicate with Steve Lerman Re: Scanning of briefs and 275.00 0.1 27.50 exhibits 6 -10 -16 Communicate with client Re: Filing and delivery of Plaintiff 275.00 0.3 8150 Patrick Ross' Response in Opposition to Defendant City of Owasso's Motion for Summary Judgment client's review 6 -15 -16 Receipt, review, and respond to correspondence from client 275.00 0.1 27.50 Re: Deposition; payment of costs 6 -16 -16 Receipt and review minute order granting Defendant City of 275.00 0.1 27.50 Owasso's Motion for Sunnumy Judgment 6 -22 -16 TC David Weatherford Re: Order granting Defendant City of 275.00 0.2 55.00 Owasso's Motion for Summary Judgment; preparation of journal entry 6 -24 -16 Receipt and review correspondence from David Weatherford 275.00 0.1 27.50 (with attachment) Re: Proposed Joumal Enin, of Judgment 6 -29 -16 Revise Journal Enhy of Judgment Re: Clarification that 275.00 0.4 110.00 Open Records Act claim was summarily adjudicated (as distinguished from counterclaims previously dismissed and claims still pending); review 12 O.S. § 994(A) and draft language based on same for incorporation into Journal Enhy (so as to permit immediate appeal despite pending claims against Reiss); draft e-mail correspondence to David Weatherford Re: Same 7 -07 -16 Receipt and review correspondence from David Weatherford 275.00 0.2 55.00 (with attachment) Re: Weatherford's review of revisions to proposed Journal Entry of Judgment objection to language regarding attorney fees and proposed alternate version DATE RATE Hours 7 -07 -16 TC David Weatherford Re: Finalization of Jormml Enbv 275.00 0.1 7 -07 -16 E -mail to David Weatherford Re: Transmittal of revisions to 275.00 0.1 proposed Journal Enter of Judgment; receive e-mail front Weatherford (with attachment) Re: Approval and signature of Jounal Enny 7 -10 -16 Analyze possible grounds for Court's ruling June 151 order. 275.00 0.8 review previously- accessed and annotated legal authorities; draft notes preliminarily identifying issues that should be raised on appeal CHARGE 27.50 27.50 220.00 7 -11 -16 Prepare Record on Accelerated Appeal, Vol. 1 (Item Nos. 1- 275.00 4.0 17100.00 5 & 7 -16), Vol 2 (Item Nos. 17 & 19 -25), and Vol. 3 (Item Nos. 6 & 18) (to be filed under seal); draft Index to Contents of Record (and variants of same unique to each volume) and Court Clerk's Certificate ofRecord (proposed) 7 -11 -16 Meet with Tulsa County Deputy District Court Clerk Dimita 275.00 0.6 Farmer Re: Delivery and certification of 664 page Record on Accelerated Appeal 7 -12 -16 TC from JoAnne (Tulsa County Court Clerk) Re: Deputy 275.00 0.1 Court Clerk needs order from Judge Fitzgerald to access sealed record 7 -12 -16 Draft proposed Agreed Order AnthorLing Court Clerk to 275.00 0.2 Access Sealed Filing for Purpose of Cert f ing Record on Accelerated Appeal Pursuant to Okla. Sup. C R. 1.36 7 -14 -16 Draft correspondence to David Weatherford (with 275.00 0.1 attachment) Re: Request that Weatherford review and execute Agreed Order Authori :irrg Court Clerk to Access Sealed Filing for Propose of Certifying Record on Accelerated Appeal Pursuant to Okla. Sup. C. R. 1.36 7 -15 -16 Receipt and review correspondence from Weatherford with 275.00 0.1 accompanying signature page; prepare Agreed Oder for presentation to Judge 7 -18 -16 Draft Plaint's Unopposed Application to Permit Corot 275.00 0.7 Clerk to Access Sealed Filing for Propose of Certif ing Record on Accelerated Appeal Pursuant to Okla.Sup.CGR. 1.36 and accompanying agreed order (proposed) 30 165.00 27.50 55.00 27.50 27.50 192.50 7 -28 -16 Draft (begin) Petition in Error, Exhibit "B" (Summary of the 275.00 2.0 550.00 Case), and Exhibit "C" (Issues Raised on Appeal) 7 -29 -16 Draft (completed) Petition in Error, Exhibit `B" (Summary 275.00 2.8 770.00 of the Case), and Exhibit "C" (Issues Raised on Appeal); reviselcondense Exhibit `B" until same meets page limitation imposed by Rule 1.36; proofread. revise, and finalize all for filing 7 -29 -16 Draft EnnyofAppearance 275.00 0.1 27.50 8 -02 -16 Draft correspondence to client Re: Transmittal of Petition in 275.00 0.3 Error filed on 7- 29 -16; explanation of certain aspects of same; mail CD -ROM containing Record on Accelerated Appeal Vols. 1 -3 to client 8 -16 -16 R/R Response to Petition in Error 275.00 0.2 12 -13 -16 Receipt, review, and analyze Oklahoma Court of Civil 275.00 1.2 Appeals' Opinion issued on 12- 12 -16; prepare notes regarding initial impressions and possible strategies moving forward 12 -13 -16 Draft correspondence to client Re: Opinion issued by 275.00 0.5 Oklahoma Court of Civil Appeals' Opinion issued on 12 -12- 16; next steps for client and for City Council (0.3); TC Patrick Ross Re: Appellate ruling (02) 82.50 55.00 330.00 137.50 12 -14-16 Meet with client Re: Detailed review of Opinion issued by 275.00 1.5 412.50 Oklahoma Court of Civil Appeals on 12- 12 -16; discuss my analysis of the decision; plan next steps 12 -16 -16 Conummicate with client Re: Client's belief that Fortney 275.00 0.5 137.50 Report does not fall within any of the seven categories of personnel records enumerated in 51 O.S. § 24A.7(A) that are exempt from disclosure; client's recollection that disciplinary action was never discussed or taken by the City Council, and that Ray's resignation was `voluntary" with no connection whatsoever to any form of disciplinary action 12 -21 -16 Receipt, review, and respond to correspondence from client 275.00 0.2 27.50 Re: Client's written request for an update regarding his July 2013 Open Records request and delivery of same to Deputy City Clerk Juliann Stevens 31 DATE 12 -21 -16 Receipt and review copy of correspondence from City of Owasso to Patrick Ross responding to client's prior request for an update regarding his July 2013 Open Records request and informing client that during their 12 -21 -16 meeting, the City Council approved Resolution No. 2016 -26 which, according to Deputy City Clerk Juliann Stevens, found "that the investigative report concerning former City Manager Rodney Ray should be kept confidential as a personnel record" (0.1); communicate with client Re: Same (0.2) RATE HOURS 275.00 0.3 12 -23 -16 Communicate with client Re: Recording of City Council 275.00 0.5 meeting regarding Fortney Report and possible need to transcribe same; client notes that nothing David Weatherford said is open session establishes or supports City Council's proclamation that sealing the Fortney Report was justified render the Open Records Act 12 -27 -16 Communicate with client Re: Client's concerns that 275.00 0.3 Resolution 2016 -26 (which purports to designate the Fortney Report as "confidential ") was neither published with the City Council's agenda nor made available on the City of Owasso's website; decision to request a copy of the resolution inim diately via Open Records request 12 -28 -16 Receipt, review, and respond to correspondence from client 275.00 0.1 Re: Confirmation that client's request for copy of Resolution 2016 -26 has been delivered to Julie Stevens 12 -29 -16 Receipt, review, and respond to correspondence from client 275.00 0.3 Re: Concerns with resolution votes on by Owasso City Council to designate Fortney Report as "confidential ": misstatements of fact (including false assertion by City Council that COCA found Fortney Report to be a confidential personnel record) 1 -02 -17 Communicate with client Re: Request for update regarding 275.00 0.2 review and analysis of Resolution 2016 -26 1 -05 -17 Receipt and review correspondence from client Re: 275.00 1.0 Transmittal of Resolution 2016 -26; review and analyze Resolution; identify defects/ways in which Owasso failed to comply with appellate court's ruling and directive (0.6); communicate with client Re: Same (0.4) 32 CHARGE 82.50 137.50 82.50 27.50 82.50 55.00 275.00 DATE DESCREMON RATE HOURS 1 -26 -17 TC Donald Slaughter Re: Issuance of mandate on 1 -12 -17 275.00 03 8150 and publication of decision as 2017 OK CIV APP 4 2 -08 -17 R/R and analyze City of Owasso's Motion to Enter Judgment 275.00 0.3 82.50 Pursuant to Mandate of Appellate Courts; draft notes Re: Fallacy of Owasso's arguments 2 -08 -17 TC Patrick Ross 275.00 0.5 137.50 2 -10 -17 Draft Ross' Combined Response in Opposition to Defendant 275.00 2.9 797.50 City of Owasso's Motion to Enter Jutdgrnent and Motion for Scheduling Order (23); conduct related legal research (0.6) 2 -11 -17 Communicate with client [NO CHARGE] 275.00 0.0 0.00 0-f 27-90 2 -12 -17 Communicate with client 275.00 0.4 110.00 2 -14 -17 Draft correspondence to client Re: Owasso's Motion to Enter 275.00 0.1 27.50 Judgment filed on 2 -06 -17 and Ross' Motion for Scheduling Order field 2- 10 -17; receipt, review, and reply to e-mail from client responding to same 2 -20 -17 R/R Qv of Owasso's Response to Plainti's Motion for 275.00 0.1 27.50 Scheduling Conference 2 -23 -17 Communicate with client Re: Scheduling conference; 275.00 0.3 82.50 client's question regarding timing requirements (if any) applicable to Judge Fitzgerald's ruling on pending motions 3 -02 -17 Communicate with client Re: Status of Owasso's pending 275.00 0.2 55.00 Motion to Enter Judgment and client's pending Motion for Scheduling Order 3 -17 -17 Communicate with client Re: Request for update and status 275.00 0.4 110.00 of pending filings; client to prepare partial transcript of 12- 20-16 City Council meeting regarding resolution to maintain confidentiality of Fortney Report 3 -28 -17 Receipt (from Judge Fitzgerald) and review Scheduling 275.00 0.1 27.50 Conference Docket; update calendar 33 DATE 3 -29 -17 Communicate with client Re: Client's transcription of 275.00 0.7 192.50 pertinent portion of 12 -20 -16 meeting of Owasso City Cormcil regarding the resolution intended to designate the Fortney Report as confidential; discuss key points 5 -01 -17 TC Patrick Ross 275.00 0.4 110.00 5 -11 -17 Prepare for and attend status conference 275.00 1.2 330.00 5 -15 -17 R/R Scheduling Order. calendar 275.00 0.1 27.50 6 -02 -17 Communicate with client Re: Possibility of deposition 275.00 0.2 55.00 7 -10 -17 Communicate with client Re: Follow -up regarding 275.00 0.1 27.50 possibility of deposition 7 -13 -17 Prepare final witness and exhibit list 275.00 0.4 110.00 7 -17 -17 Receipt and review Witness and Exhibit List of Defendant 275.00 0.1 27.50 7 -18 -17 Communicate with client Re: Availability for depositions 275.00 0.1 27.50 7 -27 -17 Receipt, review, and respond to correspondence from client 275,00 0.1 27.50 Re: General 7 -28 -17 Draft Application to Enlarge Scheduling Order; prepare 275.00 0.5 137.50 Application and attachment for filing 7 -31 -17 Receipt and review correspondence from David Weatherford 275.00 0.2 55.00 (with attachment); review and approve proposed Agreed Amended Schedrding Order prepared by Weatherford 8 -10 -17 Communicate with client Re: Scheduling meeting 275.00 0.1 27.50 8 -21 -17 Receipt and review correspondence from David Weatherford 275.00 0.1 27.50 (with attachment) Re: Court's execution of Agreed Amended Scheduling Order 8 -24 -17 Receipt and review correspondence from David Weatherford 275.00 0.2 55.00 (with attachment) Re: 4greed Amended Scheduling Order filed on August 21, 2017 (corrected to include previously - omitted pretrial date); calendar new dates DATE DESCRIMON 8 -30 -17 Communicate with client Re: General update 10 -08 -17 Draft Notice of Deposition and Subpoena to Appear to City of Owasso and accompanying list of topics about which Owasso's 12 O.S. § 3230(C)(5) designee(s) will be asked to testify; review pertinent portions of file in conjunction with preparing list of topics; review COCA ruling and previously - accessed Oklahoma cases regarding abuse of discretion; review Resolution 2016 -26's precise language and rationale RATE HouRs CHARGE 275.00 0.2 55.00 275A0 1.0 275.00 10 -12 -17 TC (2) from David Weatherford 275.00 0.2 10 -16 -17 Communicate with David Weatherford Re: Coordination of 275.00 0.2 date and location of deposition of Owasso's 12 O.S. § 3230(C)(5) designee: indication by Weatherford that Owasso anticipates designating City Clerk Sherry Bishop to testify 10 -17 -17 Communicate with client Re: Upcoming deposition of 275.00 0.4 Owasso 12 O.S. § 3230(C)(5) designee on 10- 25 -17; likelihood that Julie Lombardi will again testify on behalf of Owasso; discuss other possible designees 10 -24 -17 Communicate with client Re: Status of deposition of Owasso 275.00 0.2 12 O.S. § 3230(C)(5) designee 10 -24 -17 Receipt and review correspondence from David Weatherford 275.00 0.2 Re: Deposition of Owasso's 12 O.S. § 3230(C)(5) designee; TC David Weatherford Re: Same; scheduling issue 10 -30 -17 Communicate with David Weatherford Re: Coordinate 275.00 0.2 rescheduling of deposition of Owasso's 12 O.S. § 3230(C)(5) designee 10 -31 -17 Receipt, review, and respond to e-mail from client Re: Copy 275.00 0.1 of deposition subpoena sent to client inadvertently omitted attachment "A -1" (the one -page resolution the Owasso City Council approved to designate the Fortney Report as "confidential ") 10 -31 -17 Communicate with client Re: Deposition of Owasso 12 O.S. 275.00 0.9 § 3230(C)(5) designee rescheduled to 11- 02 -17; discuss Owasso's designation of Sherry Bishop rather than Julie Lombardi; discuss client's initial thoughts regarding Bishop designation; possible strategies IMI 55.00 55.00 110A0 55.00 55.00 55.00 27.50 247.50 DATE DESCRIPTION RATE HOURS 11 -01 -17 Meet with client Re: Joint preparation for deposition of 275.00 2.2 Sherry Bishop; work on factual issues 11 -01 -17 Prepare (continue) for deposition of Shery Bishop 275.00 1.3 11 -02 -17 Prepare (completed) for deposition of Owasso 12 O.S. § 275.00 5.5 3230(C)(5) designee Sherry Bishop 11 -02 -17 Depose Sherry Bishop 275.00 3.8 11 -02 -17 Communicate with client Re: Possible avenues for obtaining 275.00 0.7 copy of Fortney Report; Bishop's testimony regarding criminal violations 11 -07 -17 Communicate with client Re: Follow up regarding getting 275.00 0.3 access to Fortney Report 11 -13 -17 Communication with client Re: Nest steps, etc. 275.00 0.2 11 -15 -17 Communication with client Re: Status 275.00 0.1 11 -17 -17 Communication with client Re: Follow -up regarding Bishop 275.00 deposition 11 -17 -17 Receipt and review correspondence from Jennifer 275.00 Golemboski; transcript of Bishop deposition: access to exhibits 11 -21 -17 Communicate with client Re: Status of preparation of Bishop 275.00 transcript; portions of Fortney Report narrative that have been leaked and are available for review; client's own review and authentication of Fortney Report narrative; possible discrepancy between client's contemporaneous notes and leaked narrative's ornission of any reference to Lombardi's verification of file deletion: client's other related observations 36 0.2 0.2 0.5 CHARGE 605.00 357.50 1.512.50 1.045.00 192.50 82.50 55.00 27.50 55.00 55.00 137.50 u r ;iar#u 11 -27 -17 Receipt, review, and analyze 20 -pp. narrative portion of Guy Fortney's Report of Investigation dated 6- 21 -13; identify missing exhibits; draft notes regarding findings pertaining to City Manager Rodney Ray's crinival conduct (including "Additional Information for the Council's Consideration"). as same pertain to whether City Council properly exercised its discretion in denying Plaintiffs Open Records request; review criminal statutes that the City Council was informed Ray likely violated (21 O.S. §§ 461, 462, 531, 1953 & 1958); review two -page typewritten complaint provided with Fortney Report, along with partial transcript of deposition regarding same taken in May 2015 RATE HouRs 275.00 2.8 11 -27 -17 Communicate with client Re: Client to pay Bailey Reporting 275.00 0.6 invoice (for Bishop deposition) being forwarded to him; address client's questions regarding review of available portions of Fortney Report narrative CHARGE 770.00 165.00 11 -27 -17 Receipt, review, analyze, and armotate transcript of Sherry 275.00 3.7 1,017.50 Bishop deposition taken on 11- 02 -17; review testimony responding to hypothetical questions about Fortney Report alongside actual findings of Report oflnvestigation; prepare notes regarding key testimony and implications of same in context of Owasso's violation of the Open Records Act 11 -27 -17 Communication with client Re: Bishop testimony regarding 275.00 0.8 220.00 criminal violations (94:2 -18) when read alongside client's testimony regarding Fortney Report's findings that criminal statutes were implicated by Ray's conduct; propose filing motion for summary judgment on issue of abuse of discretion; discuss procedural and substantive issues relating to same 11 -28 -17 Draft correspondence to client (with attachment) Re: 275.00 0.1 27.50 Transmittal of transcript of Sherry Bishop deposition 11 -30 -17 Receipt and review correspondence from client Re: 275.00 0.1 27.50 Confirmation of payment to Bailey Reporting for transcription of Sherry Bishop deposition 11 -30 -17 TC to David Weatherford 275.00 0.2 55.00 37 DATE DESCRIPTION RATE EotRs CHARGE 12 -01 -17 Miscellaneous: Prepare /work on abuse of discretion 275.00 2,5 687.50 arguments and identification/organization of evidentiary and legal support; prepare rough draft of facts and controlling authorities for use in seeking summary relief from Comt 12 -01 -17 Communicate with client Re: Continuance of pretrial 275.00 0.6 165.00 conference; use of additional time; "abuse of discretion" issue 12 -04 -17 TC Judge Fitzgerald's chambers Re: Agreed continuance of 275.00 0.1 27.50 pretrial conference 12 -07 -17 Communicate with client Re: Fox 23 obtaining narrative 275.00 0.5 137.50 portion of Fortney Report: missing attachments; specific content of narrative that can be used to seek judgment on issue of Owasso's "abuse of process" under Open Records Act 12 -13 -17 Communicate with client Re: Owasso's initiation of special 275.00 0.3 82.50 investigation into Mike Denton and his leak/release to press, law enforcement, and OTA of narrative portion of Fortney Report 1 -10 -18 Draft correspondence to Janna Clark Re: Open Records 275.00 0.0 0.00 violation, underlying facts, and related issues [NO 4-5 " CHARGE] 1 -22 -18 TC David Weatherford 275.00 0.2 55.00 1 -23 -18 Research Re: Failure /inability of 12 O.S. § 3230(C)(5) 275.00 1.8 495.00 designee to testify regarding topics enumerated in notice; ability (if any) of noticed entity to later change testimony and/or differentiate the entity's knowledge from the designee's knowledge or lack thereof (as same relates to holes in Bishop testimony); available relief 1 -29 -18 Meet with Jana Clark Re: Fortney Report; confirmation that 275.00 1.2 330.00 attachments /exhibits referenced therein were not provided to Fox 23; obtain additional information fron Clark pertinent to pending Open Records issue (1.2); discuss Tim Harris and grand jury issues (1.3) [NO CHARGE -1.3] 1 -30 -18 TC Judge Fitzgerald's chambers Re: Agreed continuance of 275.00 0.1 27.50 pretrial conference 38 DATE DESCRIMON RATE HOME. CHARGE 3 -09 -18 Communicate with client Re: Case status: miscellaneous 275.00 0.2 55.00 3 -23 -18 Communicate with client Re: Scheduling error regarding 275.00 0.4 110.00 pretrial conference; will correct 3- 26 -18; miscellaneous substantive issues 3 -27 -18 Communicate with client Re: Rectification of issue regarding 275.00 0.3 82.50 mix -rip over scheduling of pretrial conference: next steps 4 -22 -18 Draft (begin) Plaintiffs Supplemental Brief and Motion for 275.00 6.0 1,650,00 Judgment against Defendant City of Owassofor Its Violation of the Open Records Act; conduct related legal research 4 -23 -18 Draft (continue) Supplemental Brief and Motion for 275.00 4.5 1,237.50 Judgment against Defendant City of Owasso fo•Its Violation of the Open Records Act; conduct related legal research 4 -23 -18 Draft Unopposed Application for One Dm, Enlargement of 275.00 0.4 110.00 Parties' Supplemental Briefing Deadline and accompanying proposed order; revise and make corrections; file 4 -23 -18 Draft correspondence (with attachment) to David 275.00 0.1 27.50 Weatherford Re: Transmittal of Unopposed Application for One -Da v Enlargement of Parties' Supplemental Briefing Deadline to be filed on behalf of Ross; resend with correct attachment 4 -24 -18 Draft (continue) Supplemental Brief and Motion for 275.00 6.0 1,650.00 Judgment against Defendant Cih, of Owasso fonts Violation of the Open Records Act; conduct related legal research 4 -24 -18 Draft Application to File Certain Exhibits Supporting 275.00 0.4 110.00 Supplemental Brief Under Seal and accompanying proposed order 4 -25 -18 Receipt, review, and analyze City of Owasso's Supplemental 275.00 1.2 330.00 Brief in Support of Motion to Enter Judgment Pursumrt to Mandate of Appellate Courts; pull, read, KeyCite, and distinguish authorities cited by Owasso; prepare notes regarding findings of research 4 -25 -18 Draft (continue) Supplemental Brief and Motion for 275.00 6.5 1,787.50 Judgment against Defendant City of Owasso forlis Violation of the Open Records Act; conduct related legal research 39 DATE DEscRtmo-i RATE HOLits CHARGE 4 -26 -18 TC Patrick Ross Re: Information pertaining to facts being 275.00 0.3 82.50 addressed in Motion for Judgment 4 -26 -18 Prepare Acknowledgement of Parties Filing Confidential 275.00 0.2 55.00 Materials 4 -26 -18 Draft (continue) Supplemental Brief and Motion for 275.00 6.5 1,787.50 Judgment against Defendant Citv ofOrvasso forlts Violation of the Open Records Act; conduct related legal research 4 -27 -18 Communicate with J.B. Alexander Re: Issues relating to 275.00 0.5 137.50 leaked contents of Fortney Report (as pertinent to anticipated challenge to mootness argument) 4 -27 -18 Draft (completed) Plaintiffs 30 -pp. Supplemental Brief and 275.00 6.4 1,760.00 Motion for Judgment against Defendant Citv of Owasso for Its Violation of the Open Records Act. proof and revise; prepare all exhibits for attachment to brief; finalize all for filing 4 -27 -18 Communicate (2) with client Re: Conformed filing of 275.00 0.7 192.50 Supplemental Brief and Motion for Judgment against Defendant City of Owasso for Its Violation of the Open Records Act; discussed arguments, evidence cited, likelihood of favorable ruling, and appellate recourse available should Judge Fitzgerald fail to enter judgment in client's favor 4 -27 -18 E -mail client copy of Supplemental Brief and Motion for 275.00 0.3 82.50 Judgment; draft correspondence to client accompanying same 4 -27 -18 Draft correspondence to Janna Clark and J.B. Alexander Re: 275.00 0.0 0.00 Supplemental Brief and Motion for Judgment [NO 4.4 31000 CHARGE] 4 -28 -18 Receipt, review, and respond to correspondence from client 275.00 0.2 55.00 Re: Client's cash payments related to Open Records Act lawsuit against City of Owasso; identification of expenses for which client does not possess original documentation; prepare notes regarding same 4 -30 -18 Communicate with client Re: Faxing documents for possible 275.00 0.1 27.50 attachment to Second Supplemental Brief Supporting PlainttPatrickRoss'Motion forJttdgment 1, DATE MscRrmoN RITE HOLM 5 -01 -18 Communicate with client Re: Request documents from client 275.00 0.3 reflecting certain out -of- pocket litigation expenses 5 -01 -18 TC to David Weatherford 275.00 0.2 5 -02 -18 R/R Notice ofHeaing 275.00 0.1 5 -02 -18 Communicate with client Re: Follow up regarding certain 275.00 0.2 out -of- pocket litigation expenses incurred by client 5 -04 -18 Communicate with client Re: Two -day continuance of 5 -07- 275.00 0.3 18 hearing due to conflict; request that client make himself available at 1 :30 on 5 -09 -18 to be called as witness (should it become necessary) CHARGE 82.50 55.00 27.50 55.00 82.50 5 -07 -18 Communicate with client Re: Secondary issues 275.00 0.1 27.50 5 -08 -18 Communicate with client Re: Exhibits that were attached to 275.00 0.6 165.00 narrative portion of Fortney Report; discuss items listed on p. 4; request that client forward copy of original open records request of 6 -26 -13 5 -08 -18 Research on Westlaw and in AIR library Re: Effect of 275.00 3.6 990.00 agency's compliance with Open Records statute after commencement of action, but before final judgment rendered; pull, readlanalyze, and KeyCite Lavfreld, Ubich, Duncan Pub., 97alloon Lake Mater Svs., Ybonras; Rit=er, Buchner, Porvhida, Fallouvs, Redinger, Racine Educ. Assoc., Runge, Smith, Cramer, and Shands cases; research interrelated mootness, attorney fee, and public policy arguments pertinent to upcoming hearing; draft detailed notes regarding findings for use at hearing 5 -08 -18 Communicate with client Re: Location of requested 275.00 0.1 27.50 documents for use at 5 -09 -18 hearing; fax delivery of same 5 -09 -18 Communicate with client Re: No longer need client to attend 275.00 0.2 55.00 hearing; will be ordering court reporter to transcribe proceedings in case appeal is necessary 5 -09 -18 TC client Re: Miscellaneous information needed for 275.00 0.3 82.50 upcoming hearing 41 DATE DESCRnMON RATE HOURS 5 -09 -18 Prepare for hearing on pending motions; update authorities 275.00 3.2 and conduct additional research regarding "mootness" for presentation at hearing; draft outline of oral arguments 5 -09 -18 Appear before Judge Fitzgerald for pretrial conference and 275.00 1.2 hearing on pending motions ( Owasso's Motion to Enter Judgment and Supplemental Brief, and Plaintiff's Motion to Enter Judgment, Supplemental Brief, and Second Supplemental Briet) 5 -09 -18 Communicate with client Re: Outcome of hearing; Judge Fitzgerald's request for additional briefing from Owasso on issue of abuse of discretion, and option for Plaintiff to submit new brief within 20 days setting out everything that was orally presented regarding issue of moomess; Fitzgerald's statement that she will likely reject Owasso's mootness argument based on the fact that only the narrative portion of the Fortney Report has been leaked and is now in the public domain; effect of Owasso's continued assertion that entire Fortney Report is confidential; possibility that Owasso will attempt to distinguish between Fortney Report's statement that Ray's conduct "implicated" criminal statutes, and an actual finding that there were criminal violations, and Sherry Bishop deposition testimony that was elicited in anticipation of same (regarding whether Owasso would be abusing its discretion if it hid that Ray had potentially violated criminal statutes), next steps 275.00 1.0 5 -10 -18 Communicate with client Re: Possibility of having third party 275.00 0.4 submit Open Records request for copy of Fortney Report (which, if denied, would further demonstrate that ORA claim is not moot) Cn_aRGE 880.00 330.00 275.00 110.00 5 -15 -18 Communicate with client Re: Owasso's handling of prior 275.00 0.3 8150 Open Records request and outcome of resulting litigation; possible adjustment to strategy in instant suit 5 -23 -18 Communicate with client Re: Bishop departure; decision to 275.00 0.4 110.00 file new brief on final day so as not to alert Owasso to issues it is overlooking (in time for it to brief them); miscellaneous 5 -27 -18 Communicate with client 42 275.00 0.2 55.00 DATE DESCREMON RATE HOLRS CHARGE 5 -29 -18 Draft correspondence to Judge Fitzgerald Re: Unopposed 275.00 02 55.00 request for one -day enlargement of time for parties to submit second supplemental briefs (as necessitated by my mother's death and fimeral); TC to Judge Fitzgerald's chambers Re: Same 5 -29 -18 TC Judge Fitzgerald's chambers Re: Following up on request 275.00 0.1 27.50 for one -day enlargement of briefing deadline 5 -29 -18 Draft Second Supplemental Brief Supporting Plainfiff 275.00 2.8 770.00 Panick Ross' Motion for Judgment against Defendant City of Owasso for Its Violation of the Open Records Act; related research 5 -30 -18 Draft correspondence (with attachment) to Judge Fitzgerald 275.00 0.1 27.50 and David Weatherford Re: Transmittal of Second Supplemental Brief Supporting Plaintiff Patrick Ross' Motion for Judgment against Defendant Ci!r of Owasso for Its Violation of the Open RecoMs Act 5 -31 -18 Communicate with client Re: Confirmation that 275.00 0.6 165.00 supplemental briefing has been filed; client's inquiry regarding projected time it will take Judge Fitzgerald to issue a ruling; address possibility that client will need to sign affidavit regarding materiality of exhibits listed on p. 4 of, and attached to, Fortney Report (and expectation that Owasso may attempt to get Lombardi or Fortney to prepare an affidavit to the contrary), explain summary judgment standard regarding resolution of disputed facts in favor of non- movant; will contact client following receipt of Owasso's brief 5 -31 -18 Communicate (2) with client Re: Cost of transcription and 275.00 0.2 55.00 request for check to Lisa Foster; confirmation of payment 6 -01 -18 E -mail correspondence (multiple) with David Weatherford 275.00 0.2 55.00 and Joni Walker Re: Request for copy of Owasso's Second Supplemental Btef in Support of Motion to Enter Judgment Pursuant to Mandate of Appellate Courts (which post office has not yet delivered); TC David Weatherford Re: Same W DATE. DESCREMON RATE Homts CHARGE 6 -01 -18 Receipt, review, and analyze Owasso's Second Supplemental 275.00 M Brief in Support of Motion to Enter Judgment Pursuant to Mandate of Appellate Courts; identify issues that Plaintiff must inunediately address to keep Open Records claim alive and draft outline of anticipated arguments 6 -01 -18 Receipt, review, and analyze Transcript of Proceedings held 275.00 1.0 on 5- 09 -18; mark /annotate portions pertinent to arguments to be made in Plaintiffs response to Owasso's Second Supplemental Brief 6 -01 -18 Draft correspondence to client (with attachment) Re: 275.00 0.1 Owasso's Second Supplemental Brief in Support of Motion to Enter Judgment Pursuant to Mandate of Appellate Courts 6 -01 -18 Draft (begin) PlaintiffPauick Ross' Response to Defendant 275.00 3.7 City of Orvasso's Second Supplemental Brief in Support of Motion to EnterJrdgment Pursuant to Mandate of Appellate Courts; related legal research 192.50 275.00 27.50 1.017.50 6 -01 -18 Draft correspondence to client (with attachment) Re: Draft- 275.00 0.1 27.50 in- progress of Response to Defendant City of Owasso's Second Supplemental Brief 6 -01 -18 Communicate with client Re: Preparation of Plaintiffs 275.00 0.4 110.00 Response to Angmne» is Raised in Defendant City of Owasso's Second Supplemental Brief Filed on Mcrn 29, 2018, three main issues to be addressed; plan to e-mail brief to Judge Fitzgerald and Owasso's attorney over the weekend and then file with Court Clerk on 6 -04 -18 6 -02 -18 Draft (continue) Plaintiff Patrick Ross' Response to 275.00 6.8 Arguments Raised in Defendant City of Owasso's Second Supplemental Brief in Support of Motion to Enter Judgment Pursuant to Mandate of Appellate Courts; related legal research 1.870.00 DATE DFSCREMON 6 -02 -18 Conummicate (2) with client Re: Notification by client that OSCN showing Judge Fitzgerald has entered judgment "pursuant to mandate of appellate courts" (e.g., in favor of Owasso): decision to modify partially - drafted response brief to motion to reconsider /motion to vacate, discuss possibility that another appeal will have to be filed and, if so, likelihood of success based on evidence (including Bishop's testimony regarding abuse of discretion); discuss possible strategic capitalization on Owasso's argument regarding grand jury decision RATE HOLRS 275.00 0.8 6 -04 -18 Conuntmicate with client Re: Efforts to obtain copy of Judge 275.00 0.3 Fitzgerald's 6 -01 -18 order: optional nature of confidentiality determination under Open Records Act and extent of discretion 6 -05 -18 Receipt, review, and analyze Decision Entering Judgment 275.00 0.9 Pursuant to Mandate ofAppellate Courts: identify errors and draft notes on anticipated arguments; review 12 O.S. § 651 et seq. 6 -05 -18 Draft correspondence to client (with attachment) Re: 275.00 0.1 Decision Entering Judgment Pursuant to Mandate of Appellate Courts 6 -05 -18 TC Patrick Ross Re: Grounds for Judge Fitzgerald's ruling; 275.00 0.7 factual and legal basis for reversal 6 -05 -18 Communicate with client Re: Discussion (continued) of 275.00 Judge Fitzgerald's ruling and identification/explanation of specific errors 6 -05 -18 Revise and begin re- working draft -in- progress of Plaintiff 275.00 Pahick Ross' Response to Arguments Raised in Defendant City of Owasso's Second Supplemental Brief in Support of Motion to Enter Judgment Pursuant to Mandate ofAppellate Courts (converting brief to motion to reconsider /vacate in light of court's June In ruling); related legal research 45 M. 5.7 CHARGE 220.00 82.50 247.50 27.50 192.50 165.00 1,567.50 DATE- DESCRIMON RITE HOLRS CHARGE 6 -06 -18 Research on Westlaw Re: Whether a grand jury's decision 275.00 1.3 357.50 not to return an indictment on the grounds of insufficient legal evidence has the finality component necessary for applying the doctrine of collateral estoppel; locate, read, and analyze decisions holding that a grand jury's decision not to indict in not a final determination that the acts allege did not occur; KeyCite decisions 6 -06 -18 Communicate with client Re: Status ofpreparation of Motion 275.00 0.4 110.00 to Reconsider, Vacate, and /or Motifi, the Court's June P Decision Entering Judgment; explain arguments being made and strategy 6 -08 -18 Draft (continue) Motion to Reconsider, Vacate, and /or 275.00 5.6 1,540.00 Mode the Count's June I" Decision Entering Judgment 6 -08 -18 Communicate with client Re: Status of Motion to Reconsider: 275.00 0.4 110.00 additional information regarding certain issues; miscellaneous 6 -12 -18 Draft (completed) Motion to Reconsider, Vacate, and /or 275.00 4.5 1,237.50 Modi, f l the Court's June Pt Decision Entering Judgment 6 -12 -18 Communicate with client Re: Completion of Motion to 275.00 0.5 137.50 Reconsider Vacate, and /or Modif, the Court's Jrme 1, Decision Entering Judgment; client's review 6 -19 -18 Communicate with client 275.00 0.1 27.50 6 -24 -18 Communicate with client 275.00 0.1 27.50 6 -25 -18 Communicate with client Re: Notification that Owasso has 275.00 0.1 27.50 filed its response to Plaintiff's Motion to Reconsider 6 -26 -18 Communicate with client 275.00 0.1 27.50 6 -27 -18 Receipt, review, and analyze Owasso's Response to Motion 275.00 OS 137.50 to Reconsider, Vacate, and /or Mods the Court's June 1, 2018 Decision; prepare notes regarding issues needing to be addressed by way of a reply brief 46 DATE DEscRn mwi RATE $OURS Cn_�1RGE 6 -27 -18 Draft e-mail to client (with attachment) Re: Summary of 275.00 0.4 110.00 arguments in Owasso's Response to Motion to Reconsider, Vacate, and /orMod fv the Comt's dime I, 2013 Decision and thoughts regarding same 6 -27 -18 Communicate with client Re: Follow up questions regarding 275.00 0.2 55.00 Owasso's Response to Motion to Reconsider 6 -29 -18 Receipt, review, and respond to correspondence from client 275.00 0.5 137.50 Re: Client's thoughts following his side -by -side review of the Motion to Reconsider and Owasso's Response 7 -07 -18 Communicate with client Re: Status of pending Motion to 275.00 0.1 27.50 Reconsider 7 -10 -18 Communicate with client Re: Judge Fitzgerald's denial of 275.00 0.5 137.50 Motion to Reconsider, Vacate, and /or Modf, the ComT's June 11 Decision Entering Judgment; next steps; anticipated fast -track appeal pursuant to Sup.Ct.R. 1.36 and related costs 7 -11 -18 Communicate with client Re: Appeal 275.00 0.2 55.00 7 -13 -18 Receipt and review correspondence from David 275.00 0.2 55.00 Weatherford; review proposed Order denying Plaintiff's Motion to Reconsider drafted by David Weatherford 7 -17 -18 Communicate with David Weatherford Re: Coordination of 275.00 0.1 27.50 preparation of formal journal entry 7 -20 -18 Communicate with client [NO CHARGE] 275.00 0n.0' 0.00 0 "t -2:7.50 7 -23 -18 Communicate with client Re: Status of preparation of appeal 275.00 0.3 82.50 7 -30 -18 Communicate with client [NO CHARGE] 275.00 0.0 0.00 9-1 27.50 7 -31 -18 Communicate with client [NO CHARGE] 275.00 0.0 0.4 8 -02 -18 Communicate with client Re: Status of fmal order; inclusion 275.00 of 12 O.S. § 994(A) language and necessity for same 47 0.3 0.00 ?-7.59 82.50 DATE DESCRIPTION RA'rE HouRS CHARGE 8 -07 -18 Revise proposed Order drafted by David Weatherford; add 275.00 0.3 82.50 12 O.S. § 994(A) language permitting immediate appeal 8 -08 -18 Draft correspondence to David Weatherford (with 275.00 0.1 27.50 attachment) Re: Revisions to Weatherford's proposed Order (denying Ross' Motion to Reconsider Vacate mid /or Mod fi the Court's June 1, 3013 Decision Entering Judgment) and addition of 12 O.S. § 994 final judgment language 8 -09 -18 Receive (from David Weatherford) executed signature page 275.00 0.2 55.00 on proposed Order denying Ross' Motion to Reconsider; prepare for presentation to Judge Fitzgerald 8 -09 -18 Deliver signed, agreed Order denying Ross Motion to 275.00 0.2 55.00 Reconsider to Judge Fitzgerald's chambers for her execution; speak with clerk Becky 8 -09 -18 Communicate with client Re: Weatherford's execution of 275.00 0.4 110.00 final order entering judgment in favor of City of Owasso (as revised to include "no just reason for delay" language permitting immediate appeal) 8 -10 -18 Communicate with client Re: Question about OSCN entry 275.00 0.2 55.00 regarding denial of motion 8 -14 -18 Communicate with client Re: Judge Fitzgerald's execution of 275.00 0.3 82.50 Order, court clerk's certification of appellate record, and estimated time to complete attachments to Petition in Error; miscellaneous 8 -14 -18 Communicate with client Re: Various costs of appeal (filing 275.00 0.2 55.00 fee, copying and binding charges, and cost of courier), explanation of Record on Appeal 8 -15 -18 Communicate with client Re: Follow -up regarding payment 275.00 0.2 55.00 of costs associated with appeal 8 -20 -18 Draft letter to the Office of the Court Clerk of the Oklahoma 275.00 0.2 55.00 Supreme Court Re: Transmittal of Petition in Error, Entry of Appearance, and Record on Accelerated Appeal 8 -20 -18 Communicate with client Re: Notify client that appeal has 275.00 0.3 82.50 been sent out for filing; status of payment of costs EM DATE DESCRIMON RATE Hours CHARGE 8 -21 -18 Meet with client Re: Substantive review of Petition in Error 275.00 1.5 412.50 (and attachments) and Record on Appeal; address procedural issues and what to expect in terms of Owasso's response and timing of COCA'S ruling; next steps 8 -21 -18 Communicate with client 275.00 0.2 55.00 8 -26-18 Communicate with client 275.00 0.1 27.50 8 -27 -18 Communicate with client Re: Confirmation that appeal has 275.00 0.2 55.00 been filed and docketed 8 -28 -18 Communicate with client 275.00 0.1 27.50 9 -04 -18 Communicate with client 275.00 0.1 27.50 9 -11 -18 Communicate with client Re: Client unable to access copy of 275.00 0.5 137.50 Owasso's Counter- Petition in Error: explain that Owasso has challenged Court's award of fees for appeal- related work; opine that both sides challenging the Court's Order may increase the likelihood of reversal 9 -19 -18 TC Patrick Ross 275.00 0.1 27.50 10 -02 -18 Communicate with client Re: Staters of appeal 275.00 0 2 55.00 10 -17 -18 Communicate with client 275.00 0.3 82.50 10 -18 -18 TC Patrick Ross 275.00 0.2 55.00 10 -19 -18 Communicate with client 275.00 0.2 55.00 11 -05 -18 Communicate with client Re: Effect (if any) of activity in 275.00 03 82.50 district court on pending appeal 11 -12 -18 Communicate with client [NO CHARGE] 275.00 0.0 0.00 &3 55-90 11 -21 -18 TC Patrick Ross 275.00 0.2 55.00 11 -29 -18 Communicate with client [NO CHARGE] 275.00 0.0 0.00 04 ?739 12 -13 -18 TC Patrick Ross 275.00 0.3 82.50 sis DATE MscmPrmoN 12 -16 -18 Communicate with client [NO CHARGE] 12 -27 -18 TC David Weatherford Re: Service issues 12 -29 -18 Conrmnnicate with client 1 -02 -19 Communicate with client 1 -08 -19 Communicate with client [NO CHARGE] 1 -11 -19 Comuuuicate with client [NO CHARGE] 1 -12 -19 Communicate with client [NO CHARGE] 1 -15 -19 TC Patrick Ross [NO CHARGE] 1 -25 -19 Commuunicate with client [NO CHARGE] RATE Hours 275.00 0.0 2 -14 -19 0-3 275.00 0.2 275.00 0.2 275.00 275.00 275.00 275.00 275.00 275.00 1 -31 -19 Conununicate with client Re: Supreme Court's disposal of 275.00 Reiss appeal (0? - NO CHARGE): status of Open Records Act appeal (0.1) 2 -01 -19 Communicate with client 275.00 2 -06 -19 Communicate with client [NO CHARGE] 275.00 2 -10 -19 TC Patrick Ross 275.00 2 -14 -19 Communicate with client Re: Status:_ estimation of time until 275.00 COCA issues a decision 3 -01 -19 Communicate with client Re. Request for update 275.00 3 -07 -19 Communicate with client Re: Question regarding appeal 275.00 50 0.1 1 11 11 11 1 11 m 0.1 0.0 &3 0.2 0.3 0.2 0.2 CHARGE 0.00 5-5.00 55.00 55.00 27.50 0.00 11 1 11 1 11 1 11 27.50 33-89 27.50 0.00 55.09 55.00 82.50 55.00 55.00 DATE DESCRIMON RATE HOIIRs CHARGE 3 -22 -19 Communicate with client Re: Status; average length of time 275.00 0.3 82.50 for COCA to dispose of fast -track civil appeals (based on available historical data) 4 -02 -19 Communicate with client Re: Status; correlation (if any) 275.00 0.2 55.00 between duration of appeal and likelihood of reversal 4 -16 -19 Communicate with client Re: Checked OSCN and no ruling 275.00 0.1 27.50 4 -30 -19 Communicate with client Re: Status 275.00 02 55.00 5 -14 -19 Conunrnicate with client Re: Status 275.00 0.1 27.50 5 -30 -19 Communicate with client Re: Status; address client's 275.00 0.3 82.50 concerns as to whether appeals coot is neglecting case 7 -09 -19 Communicate with client Re: Client's request for update. 275.00 0.4 110.00 briefly review reasons why client should expect to receive a favorable ruling from COCA 8 -02 -19 Communicate with client Re: Notify client of 7 -31 -19 docket 275.00 0.3 82.50 entry showing that case was assigned back to COCA's Tulsa Division; thoughts regarding same 9 -07 -19 Communicate with client Re: Client's request for update 275.00 0.3 82.50 10 -01 -19 Communicate with client Re: Client's request for update; 275.00 0.3 82.50 monitoring appeal 11 -28 -19 Communicate with client Re: Cancer diagnosis; tasks that 275.00 0.6 165.00 will need to be performed to preserve appellate challenge and right to recover fees and costs in the event things take a turn for the worst 12 -22 -19 Communicate with client Re: Status; hospitalization; 275.00 0.5 137.50 paperwork for POA/preservation of appellate challenge 12 -23 -19 Research (begin) on Westlaw and in Oklahoma Statutes Re: 275.00 2.8 770.00 Assignment/preservation of claims; draft assignment paperwork and POA pertaining to Open Records Act claim 12 -24 -19 Meet with client Re: Review and execution of POA 275.00 1.3 357.50 paperwork 51 DATE DESCF=ON RATE HouRs CHARGE 1 -19 -20 Meet with client Re: Wishes going forward 275.00 1.7 467.50 1 -21 -20 Research various issues pertaining to preservation of Open 275.00 3.5 96150 Records actions and right to pursue fees as prevailing party after a plaintiff's death; locate and read 59 Am.Jur.2d Parties § 331 (addressing time for substitution following death of a party), 1 Am.Jur.2d Abatement, Survival, and Revival § 98 (providing direction on preparation and submission of suggestion of death), 1 Okla. Prob. Law & Prac. § 18.14 (pertaining to judgment creditors and pending actions) and cases and secondary authorities cited therein; prepare notes regarding same; review Form 22; read and analyze Intrepid Campbell, Hambright and McCamey decisions; prepare notes regarding procedural requirements and best practices 2 -18 -20 Communicate with David Weatherford Re: Death of Patrick 275.00 0.1 27.50 Ross, notice of death that Owasso anticipates on filing in appeal, and Carole Ross' forthcoming motion for party substitution 4 -10 -20 Research on Westlaw and in Vernon's Re: Petitioning for the 275.00 1.0 275.00 appointment of a special administrator, the issuance of letters of administration, form and necessary contents of order appointing special admnristrator and order for hewing; notice and service requirements 4 -30 -20 R/R and analyze Opinion reversing judgment of trial court 300.00 0.4 120.00 and instructing it to order City of Owasso to produce Fortney Report 4 -30 -20 TC (2) Carole Ross Re: Ruling issued by Oklahoma Court of 300.00 0.5 150.00 Civil Appeals; next steps 52 DATE " «: Tr 1 5 -01 -20 Research on Westlaw Re: Substitution of parties requirements under 12 O.S. § 2025; locate, read and analyze, and KeyCite decisional authorities construing and applying statute; timing/deadline for filing motion to substitute estate administrator/representative for deceased plaintiff (within 90 days of filing suggestion of death): determine that actual order of substitution may be entered beyond 90 -day period so long as motion is filed within 90 days; determine that a decedent's lawyer in underlying action is not considered a "representative" for propose of party substitution under 12 O.S. § 2025; conduct detailed review of Campbell decision and procedural requirements addressed therein; pull and review cases, court orders, and court filings citing Campbell; requirement in FFarehouse Market of official court appointment as decedent's personal representative and his or her retention of decedent's attorney; standing of attorney to bring, in attorney's own name, claim for attorney fees; locate and analyze Sivick and decisions citing same, KeyCite all RATE Hours 300.00 3.5 5 -04 -20 Communicate with David Weatherford Re: Effort to 300.00 0.1 determine whether Owasso will be producing Fortney Report or will seek further appellate review (i.e., by filing a petition for rehearing or petition for certiorari) 5 -04 -20 TC J.B. Alexander Re: Request that he submit Open Records 300.00 0.4 request for copies of bills from, and payments to, Owasso attorneys Weatherford and Wilkes (for purpose of establishing undisputed minimum "reasonableness" threshold) 5 -04 -20 Draft Open Records request to City of Owasso (to be 300.00 0.4 submitted by J.B. Alexander) seeking production of attorney bills that Owasso incurred/paid in connection with Ross Open Records litigation; forward draft to Alexander: communicate with Alexander Re: Edits and finalization of request 5 -06 -20 Research Re: 51 O.S. § 24A.17 and Notes of Decisions to 300.00 2.1 same; pull, read, and KeyCite Transportation Info. Svc., KOKI For 23, Barnett, Oak Tree Partners, Muller Kast, and Rule 1.14; conduct various searches regarding taxation of costs and appeal related attorney fees 53 CHARGE 1,050.00 it tt 120.00 120.00 630.00 DATE DESCRIPTION RATE HOURS CHARGE 5 -11 -20 Receipt and review invoices paid by the City of Owasso for 300.00 4.5 1.350.00 legal work performed in connection with Plaintiff's Open Records lawsuit; analyze substance of billing entries and time reported; run calculations related to same; review own billing records and run preliminary calculation of time spent to date prosecuting Open Record claim 5 -12 -20 Research on Westlaw and in Oklahoma Statutes and 300.00 2.2 660.00 Oklahoma Supreme Court Rules Re: Procedural requirements for appellate motions seeking attorney fee and costs; timing/deadline for filing same; specific categories of costs recoverable; requirement that verified statement of costs be filed prior to issuance of mandate; necessary contents of same; determine that under 12 O.S. § 696.4(C)7 an appellate motion for attorney fees need not specify the amount of attorney fees sought and should not include evidentiary materials relating to such amount or its reasonableness; locate, review and analyze, and KeyCite cases construing/applying Okda.Sup.Ct.R. 1.14(A) & (B); prepare notes regarding findings of research and requirements 5 -12 -20 Research (begin) on OSCN Re: Fee and cost motions and 300.00 2.5 750.00 orders filed in prior appeals (including in JVard & Zee, KOKI Fox 23 News, and Kas1) for use as templates and to utilize as precedent for award of fees that is sizeable and represents work spanning several years; pull and review court filings addressing reasonableness of amount requested, reasonableness of hourly rate charged/recoverable, disallowed and discounted charges, expert testimony, consideration to be given to importance of decision, grounds for fee enhancement, and recovery of fees incurred in connection with preparation and presentation of fee request 5 -13 -20 TC attorney James Weger Re: Request transcripts and other 300.00 0.3 90.00 records relating to Judge Morrissey's ruling that $75,000 was a reasonable fee in 2006 case seeking production of records (for anticipated use in this case to illustrate size of past awards and reasonableness considerations supporting same) 5 -13 -20 Research (continue) Re: Rule 1.14 and application of same; 300.00 1.6 480.00 review Vernon's Okla. Forms 2d; pull and read 12 O.S. 978, 20 O.S. § 30.4, and Hollevnian and Carroll cases 54 DOTE DESCRIMON RATE Homts Cn.4ItGE 5 -13 -20 Review file Re: Identification of expenditures and supporting 300.00 0.5 150.00 documentation relating to Case No. SD- 117321 now recoverable: assemble contemporaneous payment records for use as exhibits accompanying verified cost statement 5 -1420 Draft Plaintiff /Appellant Patrick Ross' Motion for Appeal- 300.00 1.5 Related Costs and Verified Statement of Costs in Support of Plaint ff /Appellant Patrick Ross' Motion forAppeal- Related Costs 5 -15 -20 Draft Plaintiff /Appellant Patrick Ross' Motion for Attontev 300.00 1.3 Fees on Appeal 5 -15 -20 Draft letter to Clerk of the Oklahoma Supreme Court (with 300.00 0.2 filing instructions); prepare materials for FedEx delivery 04 (0.4) [NO CHARGE — 0.2] 5 -15 -20 Draft letter to Tulsa County Court Clerk (with filing 300.00 0.2 instructions) 5 -15 -20 Draft Petition for Appointment of Special Administrator for 300.00 1.8 the Estate of Pahtick D. Ross, Letters of Special Adlninish'ation, Order fol' Hearing Petition foi' Appohihiie»t of Special Administrator for the Estate of Patrick D. Ross, and Order Appointing Special Administrator (for sole and express purpose of obtaining court's authorization for Carole Ross to serve as client's successor in litigating to conclusion Tulsa County District Count Case No. CV- 2013 -898 and Appeal No. SD- 117,321) 5 -15 -20 Meet with Carole Ross Re: Necessity of filing suggestion of 300.00 2.0 death, moving for party substitution, and seeking her appointment as special administration; review paperwork with client prior to her execution of same 5 -15 -20 Draft Verified Statement of Costs in Support of 300.00 2.8 Plaintiff /Appellant Patrick D. Ross' Motion for Appeal - Related Costs, Plainti /Appellant Pahtick D. Ross' Motion for Appeal - Related Costs, and Plaint ff /Appellant Patrick D. Ross' Motion for Attontev Fees on Appeal, locate and prepare cost records for attachment to Verified Statement; review Okla. Sup. Ct. R. 1.14(A)(2) (enumerating categories of recoverable costs), 20 O.S. § 15, and Sisitev v. Sinallev decision; proofread, revise, and finalize all for filing 55 450.00 r•� t� •I II ... .1 It 540.00 600.00 DATE DEscRnmoN 5 -15 -20 Draft letter to Tulsa County Court Clerk — Civil Division Re: Transmittal of PlaintifflAppellant Patrick D. Ross' Motion for Appeal - Related Costs, Verified Statement of Costs in Support of P1ainNffYAppellaw Patrick D. Ross' Motion for Appeal - Related Costs, and Plaintiff /Appellant Patrick D. Ross' Motion for Motion for Attornetp Fees on Appeal RATE $oLRS 300.00 0.2 5 -16 -20 Receipt and review (begin) materials provided by Jim Weger 300.00 relating to reasonableness of fee awarded by Judge Morrissey in 2006 case for production of documents under open records law 5 -16 -20 Research (continue) on OSCN Re: Fee and cost awards in 300.00 prior Open Records cases (to demonstrate past precedent for size of fee award Plaintiff will be requesting); pull and review (continue) court filings addressing reasonableness of amount requested and hourly rate, and disallowance and reduction of certain charges; pull and read/analyze 11 cases cited in 2 Civ. Actions Against Govt. § 7 :86 addressing important policy considerations governing fee awards in Open Records cases (including removal of financial barriers to pursuit of valid claims and deterrent against wrongfully resisting disclosure that threat of being forced to pay prevailing plaintiff's fees is meant to have) 5 -16 -20 Read IA Vernon's Okla. Forms 2d, Civ. Pro. Ch. 5D (Intro.), 300.00 15 Fed. Proc. L. Ed. § 38:455 (and selected cases cited therein), 83 Neb. L.Rev. 1073, 14 No. 10 Fed. Litigator 246, and Plain ix, YParehouse Market, Sivick, Jackson, King, and Bellis cases pertaining to survival of Open Records, FOIA, and other sunshine law litigation following plaintiff's death (for purpose of demonstrating to Supreme Court that overwhelming number of authorities addressing the issue have recognized policy in favor of allowing such litigation to proceed post -death given ongoing public interest in transparent government) 56 CHARGE 60.00 1.2 360.00 2.8 840.00 1.5 450.00 DATE DESCRIPTION RATE HoLits CHARGE 5 -16 -20 Research (continued); read 5 USCA § 552, application of 12 300.00 2.4 720.00 O.S. § 2025; run/modify various searches on Westlaw; read Sinito; narrow parameters of citing references and read portions of pertinent cases; read In re Lucent, Nil. Sec. Counselors, Hendricks, and Onnsbt; review 12 O.S_ §§ 1051 -52, Notes of Decisions, and pertinent cases listed therein (including Williams); re -read OPEA and review authorities citing same; look for certain provisions in FOIA statutes that parallel language state Open Records Act; locate and read 71 La_ L. Rev. 703 (addressing transparency issues), Okl. A.G. Opinions (dated 4- 17 -89, 10- 25 -02, 12- 08 -03, 5- 13-09, 11- 30-09, and 5- 04 -15), 51 O.S. §§ 24A.1 -3, Okla. Admin. Code § 375, and Anagnost, IUPA, Mentor, Tulsa Tribune, and Okla. Assoc. ofBroarlcastels cases 5 -16 -20 TC client Re: Deadline for challenging appellate court's 300.00 0.2 60.00 order; City's option of seeking rehearing or petitioning for certiorari 5 -17 -20 Research Re: Application of fee - shifting rule where counsel 300.00 1.4 420.00 has represented plaintiff on pro Bono or reduced rate basis; pinpoint authorities holding that plaintiff's counsel should recover full value of his services: locate and review additional authorities recognizing that courts must consider whether the public benefits fi-om the disclosure sought and whether the government's decision to withhold the records was reasonable; locate cases that utilized lodestar calculation as starting point and then increased/enhanced the award based on the facts of the case 5 -17 -20 Research on Westlaw Re: Actions which survive death of 300.00 2.2 660.00 plaintiff. 12 O.S. § 1051 and cases applying same; construction of "injury to the person or to [his] personal estate" language; decisions specifically addressing survival of claim for prevailing party attorney fees; locate, read and analyze, and KeyCite Campbell, Clements, Spiker Harrison, and authorities cited therein: search for Oklahoma cases addressing whether action under the Oklahoma Open Records Act (or any action to vindicate citizen's rights generally) survives the death of the plaintiff who brought it; determine that there are no reported decisions in Oklahoma addressing this precise issue 57 DATE DEscRrProN RATE HOURS CHARGE 5 -18 -20 Conunnicate with David Weatherford Re: Follow up 300.00 0.1 30.00 regarding whether Owasso will be producing Fortney Report or will be seeking further appellate review 5 -18 -20 (DMG) Miscellaneous: Conduct search for Patrick Ross' 300.00 0.5 150.00 estranged daughter Paula Devin Smith on People Search database (so that Smith may be served with notice of estate administration proceedings in conjunction with statutory requirements); locate and contact 5 -18 -20 (DMG) Work on identifying, locating, and contacting hens 300.00 1.1 330.00 as same relates to satisfaction of notice requirements under Title 58 5 -18 -20 TC client Re: Party substitution issue 300.00 0.1 30.00 5 -18 -20 Research on Westlaw Re: Update/supplement 2018 research; 300.00 1.7 510.00 seek cases specifically addressing whether a case seeking the disclosure of records under the federal Freedom of Information Act survives the death of the plaintiff who brought it; locate, read, and analyze, Sinito progeny, Mallick, and pertinent portions of other authorities cited therein; KeyCite all; search for Oklahoma statutory and/or decisional authority recognizing persuasive value of FOIA decisions when interpreting and applying similar provisions of the Oklahoma Open Records Act 5 -18 -20 (DMG) Prepare all estate administration paperwork for filing 300.00 0.3 90.00 and presentation to Court; draft civil cover sheet 5 -18 -20 (DMG) Review SCAD order and local administrative orders 300.00 0.3 90.00 Re: Special protocol to for presenting request for appointment of special administrator to Court (due to COVID-19 restrictions) 5 -18 -20 (DMG) Meet with Carole Ross in Owasso Re: Review and 300.00 2.0 600.00 explanation of estate administration paperwork, execution of Verification of Petition, execution of oath set forth on Letters of Special Administration 5 -18 -20 Meet with Carole Ross (with DMG) Re: Review and 300.00 0.0 0.00 execution of estate administration paperwork [NO 2-8 60900 CHARGE] Ff? DATE DESCRIMON RATE HoT Rs CHARGE 5 -18 -20 (DMG) Appear before Judge Glasco Re: Presentation of 300.00 1.0 300.00 request for appointment of special administrator; obtain Court's issuance of Order Appointing Special Adminish•ator and Letters of Special Administration 5 -18 -20 Attend hearing before Judge Glasco Re: Court's issuance of 300.00 0.0 0.00 Order Appointing Special Administrator and Letters of d-8 300.09 Special Administration 5 -19 -20 TC (2) David Weatherford Re: Death of Patrick Ross and 300.00 0.2 60.00 party substitution issue 5 -19 -20 Research unresolved issues regarding assignment; read and 300.00 2.8 840.00 analyze primary and secondary authorities addressing standing and abatement of causes of action under Open Records Act and similar sunshine laws, including 37A Am.Jur.2d Freedom of Information Acts § 482, Okl.A.G. 09- 33, Okla. Admin. Code 375:9 -1 -4, and cases cited therein; locate and review authorities treating denial of Open Records request as a "personal injury" and/or "injury to personal estate'; locate Oklahoma authorities expressly recognizing that in construing the provisions of the Oklahoma Open Records Act, courts may look to cases interpreting similar provisions of the federal act (FOIA); prepare extensive notes memorializing important findings 5 -19 -20 Research (continued) on Westlaw Re: Assignment issues and 300.00 1.9 570.00 treatment of attorney fee claims following death of plaintiff 5 -19 -20 Draft Motion to Substitute Party; research on Westlaw Re: 300.00 15 1.050.00 Additional authorities (a) construing 12 O-S. § 1051, and (b) addressing survival of FOIA actions following death of the plaintiff; locate, read, and analyze Acebal and Feinman cases; search for other analogous decisions arising under LMRDA; review and proofread Motion, revise and finalize; prepare for filing 5 -19 -20 Draft letter to the Office of the Court Clerk of the Oklahoma 300.00 0.2 60.00 Supreme Court Re: Transmittal of Entry of Appearance and Motion to Substitute Party 59 DATE DESCRIMON RATE HOURS CHARGE 5 -20 -20 Receipt, review, and analyze (begin) Owasso's Petition for 300.00 Cei7iormi; pull, read, analyze, and distinguish (begin), legal authorities cited therein; KeyCite all (1.6); prepare notes regarding points that mast be addressed and prepare preliminary outline of anticipated arguments for Ross' response (0.8) 5 -22 -20 Research (continued) in preparation for drafting response to 300.00 Owasso's Petition for Certiorari; deep analysis of OPEA v. State and Okla. Assoc. ofBroadcasters v. Norman decisions; pull and review legal authorities cited in Footnote Nos. 4, 5, 18, 23, 33 & 37 of OPEA; compare 51 O.S. § 24A.7 and § 24A_8 (for purpose of developing counter - argument to distinction Owasso attempts to draw between the two); analyze rationale for, and application of balancing test and "comparative weighing of antagonistic interests; review bit'l Union of Police Assoc. (addressing appellate court's authority to weigh evidence), Sbvhhart (holding that the issues raised may "necessitate an examination of the entire lower court record ") locate, review, and analyze secondary authorities holding that application of balancing test is appropriate (including Kv. Bd. of Examiners of Psychologists, Carlson, Scottsdale Unif. Sch. Dist., Graham, Paff, Schenck, Loigman, N.J. Media Group, and Washington Post); locate, read, and analyze Oklahoma cases addressing significance of legislative silence following the judicial and/or administrative construction of a particular statute; KeyCite all research; draft notes summarizing/outlining findings 2.4 6.7 5 -22 -20 Receipt (fiom Oklahoma Supreme Court) and review Order 300.00 0.2 directing Owasso to respond to Appellant's Motion for Attorney Fees on Appeal, Motion for Appeal - Related Costs, and Motion to Suhstitute Party within 15 days, calendar deadlines; notify client regarding same .1 720.00 2.010.00 .� If DATE. DESCRIPTION RATE HOURS CHARGE 5 -22 -20 Research on OSCN; locate and review filings by City of 300.00 1.1 330.00 Owasso in Tulsa Co. Dist. Court Case No. CJ- 2011 -7458 (including 2 -23 -12 Response to Smnmrmy Judgment and 4- 19-12 Response in Opposition to Plaint's Tf'rit of Mandamus) that directly contradict many of Owasso's arguments in seeking certiorari review (including by acknowledging that "the internal personnel investigation privilege of § 24A.7(A)(1) belongs to the public body [and] not the personnel who may be the subject of the internal investigation ") 5 -22 -20 Draft correspondence to Carole Ross Re: Motions and other 300.00 0.6 180.00 items filed with the Oklahoma Supreme Court on May 18`s and May 201 5 -27 -20 Research on Westlaw Re: Ross I citing references; cases 300.00 4.6 1,380.00 construing "abuse of discretion" in Open Records litigation; read Okl. A.G. Opin. (dated 3- 13 -20); read pertinent portions of Durham, Chrysler Alire :, Hmines, Modern Brotherhood of America, Powell, Dear, Hannon, McMinn, Anendell, McKencie, Jackson, Destefano, Cooper INS, Virk, Howard Stallsmitlr, Carbone, Earick, Atlanta, Stein, Forche, Dunbar, Garcia, Trdlr Ma_nr, Link, Smith, Godich, Siviliart, Creaser, CPCP, and 4fidtlev cases; review pertinent portions of 27 A.L.R.0 680, 110 Am.Jur. Trials 367, 5 U.S.C. § 706, and 87 A.L.R.2d 271, research inability to abuse "unlimited" discretion; implied requirement that governmental bodies may not abuse the discretion they have been given under Open Records Act and/or related sunshine laws; "law of the case" doctrine and requirement that subsequent court of review is bound by the same when litigants did not timely challenge earlier appellate ruling (as same applies to conflict between Owasso's current position that its decisions under 51 O.S. § 24A.7 are not subject to appellate review for abuse of discretion, and holding in Ross I that once Owasso City Council wades decision as to confidentiality of the Fortney Report, such decision would be ripe for COCA review for abuse of discretion); ability (if any) of Supreme Court to disregard settled law of the case if same is later shown to be erroneous (2.4); continue review and analysis of materials offline (22) 61 DATE DEscitn 7oN RATE HOURS CHARGE 6 -04 -20 Review Okla. Sup. Ct. R. 1.178 and cases applying same; 300.00 1.3 timing requirements (0.3); research (begin) failure to preserve issue for appeal and acts constituting waiver of right to challenge a particular issue on appeal (1.0) 6 -05 -20 TC David Weatherford 300.00 0.2 6 -05 -20 Draft letter to the Office of the Count Clerk of the Oklahoma 300.00 0.2 Supreme Court Re: Transmittal of Putative Pmtv's Unopposed Motion for Leave to Respond to Appellee's Petition for Certiorari 6 -05 -20 Research on Westlaw Re: Termination of attorney's 300.00 2.6 authority upon death of client; authorities recognizing that any filings following client's death are considered a nullity; necessity of revising (to reflect substitution of Carole Ross as party plaintiff) and resubmitting motions filed prior to Plaintiff's death: continue waiver research; locate and review cases addressing acts constituting affirmative waiver 6 -07 -20 Receipt and review Owasso's Response to Motion to 300.00 Substitute Partv 6 -07 -20 Receipt and review Owasso's Response to Motion for 300.00 Attom4ev Fees on Appeal and Appeal - Related Costs; review portion of Campbell decision upon which Owasso relies 6 -22 -20 Receipt (from Oklahoma Supreme Court) and review Order 300.00 granting Motion to Substitute, directing Ross to respond to Owasso's Petition for Certiorari within 15 days, striking three May 18a' motions submitted on behalf of Patrick Ross, and authorizing client to refile such motions in her own name now that she has been substituted as Plaintiff/Appellant 6 -22 -20 Draft correspondence to Carole Ross (with attachment) Re: 300.00 Oklahoma Supreme Court's Order of June 22, 2020; next steps 6 -29 -20 Draft letter to the Office of the Court Clerk of the Oklahoma 300.00 Supreme Court Re: Transmittal of Plaintiff /Appellant's Motion for Appeal- Related Costs, Appellant's Verified Statement of Costs in Support of Motionfor Appeal - Related Costs, and Plainti /Appellant's Motion for Motion for Attor net, Fees on Appeal a 390.00 60.00 �1 11 780.00 0.1 30.00 0.3 90.00 0.2 60.00 0.5 150.00 0.2 60.00 DATE DESCRKMON 7 -02 -20 Research Re: Owasso's argument as to confidentiality of personnel records. review and analyze 1976 Oki. A.G. Opin. 334, Lafalier, Citizens Against Tarpmer Abuse, Cox, OAB, FF'arrd, Progressive Independence, Hensley, lf'at &ins, OPEA, Migliaccio, and Vandelmp cases; review 51 O.S. § 24A.5, 1 Pol. And Prac. § 9.2, 29 Okl. A.G. Opin_ 137, and pertinent portions of 169 A.L.R. 653 and cases cited therein RATE Hours 300.00 1.6 7 -03 -20 Research Re: Miscellaneous; read and analyze NCHF, Ter yyl 300.00 0.8 Goble, Peterson, Rose, Sousie, Scottsdale USD, and Xy, Bd of Examiners cases and 5 U.S.C. § 552 (and selected cases listed in Notes of Decisions thereto) 7 -06 -20 Draft (continue) Ansiver in Opposition to Petition for 300.00 7.0 Certiorari; continue deep analysis of "balancing test" issue and application of same to 51 O.S. § 24A.7 7 -07 -20 Draft (completed) Ansiver in Opposition to Petition for 300.00 8.3 Certiorari; proofi-ead; revise and condense; prepare for filing (via courier) (6.5); miscellaneous related research (1.8) 7 -07 -20 Draft e-mail correspondence to David Weatherford (with 300.00 0.2 attachment) Re: Transmittal of Answer in Opposition to Petition for Certiorari; mail physical copy of brief 7 -08 -20 Draft correspondence to Carole Ross (with attachment) Re: 300.00 0.5 Filing of Answer in Opposition to Petition for Certiorari; explain/summarize arguments and address next procedural steps 7 -09 -20 Receipt (from the Supreme Court of Oklahoma) and review 300.00 0.2 Order directing Owasso to respond to Ross' Motion for Attor nev Fees on Appeal and Motion for Appeal - Related Costs by 7- 24 -20; calendar deadlines; notify client regarding same 7 -10 -20 Receipt and review correspondence from Margaret 300.00 0.1 McMorrow -Love Re: Oklahoma Municipal League's forthcoming application for leave to file anricus curiae brief in support of Owasso's Petition for Certiorari 63 CHARGE 480.00 240.00 ?.100.00 2.490.00 .1 11 150.00 60.00 30.00 DATE DESCRIMO\ 7 -10 -20 Research on Westlaw Re: Deadline for filing anicus curiae brief, locate and review 5 Okla. Prac., App. Prac. §§ 5 :18 (procedure for filing) & 5 :20 (amicus curiae in proceedings on petition for writ of certiorari); application of rule that anricus curiae brief mist be filed within the same briefing cycle as governs the actual litigants, and no later than the date upon which the brief whose position is being supported would be due (as same relates to position that an andcus curiae brief must be submitted prior to Owasso filing a reply in support of its Petition for Certiorari) RATE HoLRS 300.00 1.2 7 -10 -20 Research on Westlaw Re: Available grounds for objecting to 300.00 the filing of an arninrs curiae brief; locate and review 5 Okla. Prac., App. Prac. §§ 5 :14 (addressing prohibition against raising new non-jurisdictional facts or issues), 17 (basic qualifications to become amicas curiae) & 23 (avoidance of unnecessary repetition by an ices curiae); read and analyze pertinent decisional authorities cited therein (including Mitchell, Goodwin, Nesbitt, Torres, Davis, Dlorland, First of McAlester, Okla. Ciry v. State ex reL Okla. Dept. of Labor, Teleco, and Haves); review 1B Vernon's Okla. Forms 2d, Civ. Proc. §§ 9.87 -9.89 Re: Time for objecting to application under Okla. Sup_ Ct. R. 1.12 to file anricus curiae brief and sample objection W-I 7 -10 -20 Draft e-mail correspondence to Margaret McMorrow -Love 300.00 0.1 Re: Ross' objection to Oklahoma Municipal League's forthcoming request for leave to file andcus curiae brief basis for objection; receipt and review reply from McMorrow -Love 7 -25 -20 Receipt, review, and analyze Application of Oklahoma 300.00 Municipal League for Leave to File a Statement as Arnicus Curiae in Support ofPeti►ionfor Certiorari (0.2); review and analyze Okla. Sup. Ct. R. 1.12 and authorities applying same (1.8); draft notes re: preliminary impressions and anticipated arguments in opposition to Application (0.5) 64 2.5 CHARGE 360.00 yI1 IJ 30.00 750.00 DATE DESCRUMON RATE HOL"Rs 7 -25 -20 Research on Westlaw and OSCN /ODCR (in preparation for 300.00 2.8 drafting response in opposition to OML's Application for Leave to File a Statement as Amicus Curiae) Re: Sample briefs opposing applications under Okla. Sup. Ct. R. 1.12; locate and review unpublished orders granting and orders denying leave; analyze grounds cited by Supreme Court for each decision 7 -27 -20 Research on Westlaw Re: Court's discretion to address 300.00 arguments raised for the fast time by amicus curiae; search for reported and unreported cases in which Oklahoma Municipal League sought leave to present arguments as amicus curiae; locate cases on point (including Ser7uovah Co. RWD and Tvlet); read and analyze briefing submitted and orders issued in same 7 -28 -20 Draft (begin) Appellant's Response in Opposition to 300.00 Oklahoma Municipal League's Application for Leave to File a Statement as Amicus Curiae 7 -29 -20 Receipt (from the Supreme Court of Oklahoma) and review 300.00 Order granting Oklahoma Municipal League's Application for Leave to File a Statement as Amicus Curiae and authorizing Plaintiff to file response to same within ten days of OML's submission of amicus curiae brief; review Oklahoma Supreme Court Rules and Oklahoma Statutes in effort to determine deadline (if any) for filing amicus ctaiae brief M 2.1 CHARGE 840.00 630.00 1.3 390.00 0.5 150.00 DATE DESCMMON RATE HOURS CHARGE 8 -28 -20 Receipt and review Statement of Oklahoma Municipal 300.00 3.0 900.00 League in Support of Petition for Certiorari; analyze arguments; research on Westlaw Re: Cases expressly distinguishing discretion properly exercised from "no limitations" on a public body's decision - making authority; cases expressly rejecting argument that "budgetary issues" and/or the cost of complying with an Open Records request can alone warrant denial of the request; search for decisions expressly recognizing that while public bodies which unlawfully withhold public records may indeed rack up costly legal bills and incur fee - shifting penalties, compliant public bodies face little to no pecuniary exposure; search for cases holding that absent judicial review and the ability of courts to balance competing interests, public bodies would be fi-ee to abuse their discretionary authority unchecked; work on development of responsive arguments; draft preliminary notes regarding same 9 -01 -20 Research on Westlaw Re: Additional authorities addressing 300.00 1.8 540.00 legislative acquiescence; search for decisions where principal was applied in context of Title 51; review legislative history of 51 O.S. § 24A.7 and legislative sessions since COLA's ruling in Ross 1; application of Okla.Sup.Ct.R. 1.178(x); cases applying prohibition against interpreting sunshine laws in a manner likely to establish "potential evasion loopholes" 9 -04 -20 Review (continued) authorities citing and/or construing 5 300.00 3.3 990.00 U.S.C. § 552 and 51 O.S. § 24A.17,- read and analyze Merrill, IUPA, Lmvson, CATA, Tal, Odour, Hollingshead, Long, Castro, Potter, Anderson, Fiydrnmr, Kretclnnar; UNITE, and Sampson cases; review pertinent portions of 41 Am. U.L. Rev. 1243 (addressing litigation of issues raised via andcus curiae), 4 Am.Jur2d Amicus Curiae § 3, 128 Am.Jur. Trials 495, 101 Geo. L.J. 493, 2002 Wis. L_Rev. 1197, and 12 (Spring) Kan. J. L. & Pub. Policy 437; conduct additional research as to whether the cost of complying with an Open Records request can alone warrant its denial 9 -08 -20 Draft (begin) Response in Opposition to Oklahoma 300.00 5.7 1,710.00 Municipal League's Statement in Support of Petition for Certiorari (2.0); related legal research (3.7) .a DATE DEscRrmoi 9 -09 -20 Draft (completed) Response in Opposition to Oklahoma Municipal League's Statement in Support of Petition for Certiorari; work on major revisions (primarily to condense, and/or remove arguments to meet page limit requirement) (3.5); conduct related legal research (0.9); proof, finalize, and prepare for filing (0.3) RATE HOURS 300.00 4.7 9 -09 -20 File Response in Opposition to Oklahoma Municipal 300.00 1.0 League's Statement in Support of Pefition for Certiorari; 3 § roundtrip travel between Tulsa and Oklahoma Supreme Court in Oklahoma City (3.5) [NO CHARGE — 2.5] 9 -09 -20 Draft e-mail correspondence to David Weatherford and 300.00 03 Margaret McMorrow -Love (with attachment) Re: Transmittal of Response in Opposition to Oklahoma Municipal League's Statement in Support of Petition for Certiorari; mail physical copies of brief 9 -09 -20 Draft correspondence to Carole Ross Re: Filing of Response 300.00 0.5 is Opposition to Oklahoma Municipal League's Statement in Support of Pefition for Certiorari, address different possible outcomes and plan for proceeding under each; estimated time for ruling 9 -09 -20 TC client Re: Explanation of substantive issues and 300.00 0.4 procedural posture 11 -17 -20 Draft correspondence to Carole Ross Re: Order issued by 300.00 Supreme Court of Oklahoma denying Owasso's Petition for Certiorari 11 -18 -20 Draft Plaints Motion for Attonneu Fees Pursuant to 51 300.00 O.S. § 24A. 7(B) and Application to Set Hearing on Issue of Reasonableness and accompanying Order Setting Hearing 11 -19 -20 Draft e-mail correspondence to David Weatherford Re: 300.00 Filing ofPlainfij's Motion for Atlonev Fees Pursuant to 51 O.S. § 24A.1 7(B) and Application to Set Hearing on Issue of Reasonableness; possibility of amicable resolution; possibility of stipulation by Owasso on issue of entitlement to the recovery of fees reasonably incurred at the trial court level; receipt and review Weatherford's response; reply to same 67 03 1.5 61K CRARGE 1.410.00 11 11 90.00 150.00 120.00 90.00 450.00 60.00 DATE DESCRWHON RATE HOURS CHARGE 12 -10 -20 Communicate with David Weatherford Re: Execution of 300.00 0.1 30.00 Order Setting Hearing on Plaintiffs Motion for flttornel- Fees and Order granting Carole Ross' motion that she be substituted for Patrick Ross as party Plaintiff pursuant to 12 O.S. 5 2025(A) 12 -26 -20 Prepare (begin) spreadsheet of fees and expenses incurred by 300.00 6.0 1.800.00 Plaintiff in successfiilly prosecuting district court action and two related appeals against City of Owasso under Oklahoma Open Records Act; review billing records from June 2013 to December 2020 and identify charges incurred in connection with ORA action and pursuit of Fortney Report; remove and/or proportionately reduce charges wholly or partially attributable to peripheral matters having no bearing on ORA dispute; review spreadsheet for time entries (or portions thereof) subject to attorney -client privilege and/or work product privilege and make appropriate redactions /deletions 12 -27 -20 Draft (continue) spreadsheet of fees and expenses incurred 300.00 6.7 2,010.00 by Plaintiff in successfiilly prosecuting district court action and two related appeals against City of Owasso tinder Oklahoma Open Records Act; review (continue) billing records from June 2013 to December 2020 and identify charges incurred in connection with ORA action and pursuit of Fortney Report; remove and/or proportionately reduce charges wholly or partially attributable to peripheral matters having no bearing on ORA dispute; review (continue) for time entries subject to attorney -client privilege and/or work product privilege and make appropriate redactions /deletions 12 -28 -20 Prepare (continue) spreadsheet of fees and expenses incurred 300.00 6.2 1.860.00 by Plaintiff in prosecution of Open Records Act claim 12 -29 -20 (DMG) Research (begin) Re: WDL's prior handling of fee 300.00 1.2 360.00 applications as judge and counsel 12 -30 -20 (DMG) Research (completed) Re: WDL's prior handling of 300.00 2.9 870.00 fee applications as judge and counsel M DATE DESCRIMON. RATE HoLRS CHARGE 12 -30 -20 Draft (begin) Affidavit of Christopher L. Camp addressing 300.00 1.8 540.00 reasonableness of attorney fees and expenses using Brink factors (i.e., time and labor required, the customary fee, standard and effective hourly rates, whether fee is fixed or contingent, amount of time and results obtained, novelty and difficulty of questions presented, skill requisite to perform the legal service properly, preclusion of other employment by attorney due to acceptance of case, and experience /reputation/ability of attorney); research on Westlaw Re: Authorities addressing Burk and its progeny, and applying and discussing those factors in determining the reasonableness of each fee award 1 -04 -21 Draft (continue) Affidavit of Christopher L. Camp; revise to 300.00 1.7 510.00 incorporate exact language from decisions supporting maximmu fee recovery 1 -05 -21 Prepare (continue) spreadsheet of fees and expenses incurred 300.00 4.0 1,200.00 by Plaintiff in prosecution of Open Records Act claim 1 -06 -21 Prepare (completed) spreadsheet of fees and expenses 300.00 3.2 960.00 incurred by Plaintiff in prosecution of Open Records Act claim; review all, making miscellaneous adjustments where appropriate; run final calculation of hours and charges (both overall and broken down per task); calculate effective hourly rate; finalize 1 -10 -21 Draft (begin) chart separating and grouping all time entries 300.00 1.9 570.00 into task categories using American Bar Association Litigation Code Set (to assist Judge LaFortume in ascertaining total time spent performing various litigation- related tasks) 1 -11 -21 Research on Westlaw Re: 300.00 3.8 1,140.00 ; locate, read and analyze, and KevCite Oklahoma cases and secondary authorities — identifying and explaining factors courts must consider and applying those factors to circumstances similar to those in the case at bar; DATE DESCxnrrroN 1 -11 -21 Research Re: Oklahoma Open Records Act/Freedom of w Act liti ation statistics as same relates to Burk 1 -12 -21 Draft (completed) Affidavit of Christopher L. Camp addressing reasonableness of attorney fees and expenses using Bark factors; related legal research on Westlaw Re: Application of B1aA; reasonableness or charse, and recoverability of certain items; proof and finalize for submission to Judge LaFortune and David Weatherford 2 -10 -21 2 -10 -21 2 -11 -21 2 -11 -21 Prepare for attorney fee hearing (DMG) Prepare for attorney fee hewing RATE Hours 300.00 2.3 300.00 3.7 300A0 5.0 300.00 5.0 Appear for attorney fee hearing; testify as to reasonableness 300.00 of fee request and present oral arguments (DMG) Appear for attorney fee hearing; conduct 300.00 examination of CLC as to reasonableness of fee request TOTAL HOURS RECORDED: a 250.00 / hr_ t@i 275.00 / hi. @a 300.00 / hr. 3.0 3.0 157.5 271.0 199.5 627.8 CHARGE 690.00 1.110.00 1.500.00 1.500.00 900.00 900.00 39,375.00 74,525.00 59.850.00 $173,750.00 ITEMIZED DEDUCTIONS & WRITE -OFFS: @250.00/hr. (19.5) (4,875.00) @a 275.00 / hr. (6.4) (1,760.00) t@t 300.00 / hr. 5.7 (1.710.00) (31.6) ($8,345.00) TOTAL: 596.2 516.5,405.00 70 Ross v. City of Owasso, et al. Tulsa County District Court Case No. CV- 2013 -898 Exhibit A -2 Costs Incurred by Plaintiff Ross in Connection with Prosecution of Oklahoma Open Records Act Claim and in Preparing and Presenting Plaintiff's Motion for Attorney Fees and Costs DATE DESCRIPTION CHARGE 8 -06 -13 CATEGORY: Duplication 23.04 PAYEE: N/A DESCRIPTION: Copies (4) of Petition (64 pp. /ea. x $0.09) 8 -06 -13 CATEGORY: Postage 2.46 PAYEE: N/A DESCRIPTION: Mail Petition to client 8 -06 -13 CATEGORY: Court Costs / Filing Fees 140.70 PAYEE: Tulsa County District Court REF: 2013- 2657611 DESCRIPTION: Filing Fee for Case No. CV- 2013 -898 9 -09 -13 CATEGORY: Postage 0.46 PAYEE: N/A DESCRIPTION: Mail Appearance of Counsel and Reservation of Time to Ansiverfor Defendant Citv of Owasso to client 9 -10 -13 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Transfer Order to client W.M. 10 -01 -13 CATEGORY: Postage 0.66 PAYEE: N/A DESCRIPTION: Mail Ansiver and Connterclainr of Defendant City of Owasso to client 10 -04 -13 CATEGORY: Postage 0.66 PAYEE: N/A DESCRIPTION: Mail Defendant City of Owasso's Discovern Requests to PlaintifPatric,4 D. Ross to client 71 DATE DESCRIPTION CHARGE 10 -21 -13 CATEGORY: Duplication 8.82 PAYEE: N/A DESCRIPTION: Copies (4) ofAns ver to Counterclaim (7 pp. /ea. x $0.09) And copies (5) of Plaintiff's Motion to Strike Afflnnative Defenses and to Deem Admitted Portions of Defendant's Ansiver (14 pp. /ea. x $0.09) 10 -21 -13 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Ansiver to Counterclaim and Plaintiffs Motion to Strike Affinnative Defenses and to Deem Admitted Portions ofDefendanl's Answer to client and David Weatherford 11 -19 -13 CATEGORY: Duplication PAYEE: N/A DESCRIPTION: Copy (1) of Defendant Citv of Owasso's Response to Motion to Strike (27 pp. x $0.09) 11 -19 -13 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Defendant City of Owasso's Response to Motion to Strike to client 11 -27 -13 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Order (denying Motion to Strike) to client 3 -31 -14 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Scheduling Order to client 7 -28 -14 CATEGORY: Duplication PAYEE: N/A DESCRIPTION: Copies (6) ofFirst Amended Petition (69 pp. /ea. x $0.09) 7 -28 -14 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail First Amended Petition to client and David Weatherford 8 -11 -14 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Answer to Amended Petition and Counterclaim of Defendant City of Owasso to client 72 2.12 2.43 1 e. r •. t •: 3726 5.60 0.70 DATE DESCRIPTION CAARGE 12 -02 -14 CATEGORY: Postage 0.49 PAYEE: N/A DESCRIPTION: Mail Witness and Exhibit List of Defendant City of Owasso to client 12 -17 -14 CATEGORY: Postage 0.98 PAYEE: N/A DESCRIPTION: Mail written settlement offer to David Weatherford and client 1 -29 -15 CATEGORY: Duplication 3.60 PAYEE: N/A DESCRIPTION: Copies (5) of Plaintiff Patrick Ross' Responses to Defendant Cih, of Owasso's Discovery Requests (8 pp. /ea. x $0.09) 1 -29 -15 CATEGORY: Postage 2.84 PAYEE: N/A DESCRIPTION: Mail Plaintii fPatrickRoss'Responses to Defendant City of Owasso's Discovery Requests to client and opposing counsel/parties 1 -29 -15 CATEGORY: Duplication 3.24 PAYEE: N/A DESCRIPTION: Copies (6) ofPlaintiPatickRoss' Witness and Exhibit List (6 pp. /ea. x $0.09) 1 -29 -15 CATEGORY: Postage 1.96 PAYEE: N/A DESCRIPTION: Mail PlaintiPatr ck Ross' Witness and Exhibit List to client and opposing cotiwsellparties 3 -18 -15 CATEGORY: Duplication 0.81 PAYEE: N/A DESCRIPTION: Copy (1) of Defendants' Joint Motion for Protective Order (9 pp. x $0.09) 3 -18 -15 CATEGORY: Postage 0.71 PAYEE: N/A DESCRIPTION: Mail Defendants' Joint Motion for Protective Order to client 3 -20 -15 CATEGORY: Duplication 0.63 PAYEE: N/A DESCRIPTION: Copy (1) of Agreed Protective Order (7 pp. x $0.09) 73 DATE DESCRIPTION CHARGE 3 -20 -15 CATEGORY: Postage 0.49 PAYEE: N/A DESCRIPTION: Mail Agreed Protective Order to client 3 -31 -15 CATEGORY: Duplication 15.30 PAYEE: N/A DESCRIPTION: Copies (5) of Plaintiifs Combined First Set of Interrogatories, Requests for Production, and Requests for Admission to Defendant City of Owasso (34 pp. /ea, x $0.09) 3 -31 -15 CATEGORY: Postage 6.36 PAYEE: N/A DESCRIPTION: Mail Plainti's Combined First Set of Interrogatories, Requests forProduction, and Requests forAdmission to Defendant Ci1v of Owasso to client and opposing counsel/parties 7 -30 -15 CATEGORY: Duplication 9.81 PAYEE: N/A DESCRIPTION: Copy (1) of City of Owasso's Ansiver to Interrogatories, Citv of Owasso's Response to Requests for Admissions, City of Owasso's Response to Requests for Documents, and accompanying document production (109 pp. x $0.09) 7 -30 -15 CATEGORY: Postage 4.45 PAYEE: N/A DESCRIPTION: Mail City of Owasso's discovery responses and copy of document production to client 8 -31 -15 CATEGORY: Duplication 10.44 PAYEE: N/A DESCRIPTION: Copies (4) of ROSS -0001 flan ROSS -0058 (58 pp. /ea. x $0.09) [NO CHARGE - $10.44 (Wilkes and Reiss copies)] 8 -31 -15 CATEGORY: Postage 3.18 PAYEE: N/A 3-49 DESCRIPTION: Mail ROSS -0001 thin ROSS -0058 to client and opposing counsel/parties [NO CHARGE - $3.18 (Wilkes and Reiss copies)] 9 -28 -15 CATEGORY: Postage 0.98 PAYEE: N/A DESCRIPTION: Mail mediation statement to David Weatherford and client 74 DATE DESCRIPTION CHARGE 10 -08 -15 CATEGORY: Postage 0.49 PAYEE: N/A DESCRIPTION: Mail Partial Dismissal with Prejudice and Stipulation to client 11 -09 -15 CATEGORY: Miscellaneous 870.00 PAYEE: Mediators and Arbitrators of Oklahoma, LLC REF: 14 -1502 DESCRIPTION: Mediation fee 11 -13 -15 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Scheduling Order to client t mm 1 -18 -16 CATEGORY: Postage 0.47 PAYEE: N/A DESCRIPTION: Mail 91tuess and E.xhihit List of Defendant City of Owasso to client 2 -22 -16 CATEGORY: Duplication 2.07 PAYEE: N/A DESCRIPTION: Copy (1) of Owasso's Motion for Summanl Judgment and Brief in Support 77jereof (23 pp. x $0.09) 2 -22 -16 CATEGORY: Postage 1.31 PAYEE: N/A DESCRIPTION: Mail Owasso's Motion for Summary Judgment and Brief in Support 77rereof to client and David Weatherford 3 -04 -16 CATEGORY: Duplication 1.80 PAYEE: N/A DESCRIPTION: Copies (5) of Plaintio s Unopposed Application to Enlarge Deadline for Responding to Defendant's Motion for Sunmrary Judgment and Discovery Deadline (4 pp. /ea. x $0.09) 3 -04 -16 CATEGORY: Postage 0.94 PAYEE: N/A DESCRIPTION: Mail Plaintifs Unopposed Application to Enlarge Deadline for Responding to Defendant's Motion for Summary Judgment and Discovery Deadline to client and David Weatherford 3 -14 -16 CATEGORY: Postage 0.47 PAYEE: N/A DESCRIPTION: Mail letter to David Weatherford 75 DATE DEscRnrrioN CHARGE 4 -23 -16 CATEGORY: Duplication 20.79 PAYEE: N/A DESCRIPTION: Original copy of Lombardi deposition exhibits (231 pp. x $0.09) 4 -24 -16 CATEGORY: Duplication 160.38 PAYEE: Copy -Scan & More, LLC REF: 32021 DESCRIPTION: Copies of Lombardi deposition exhibits 5 -16 -16 CATEGORY: Duplication 1.35 PAYEE: N/A DESCRIPTION: Copies (5) of Plaiwij's Unopposed Application to Enlarge Deadline for Responding to Defendant's Motion for Smnniary Judgment (3 pp. /ea. x $0.09) 5 -16 -16 CATEGORY: Postage 0.94 PAYEE: N/A DESCRIPTION: Mail Plaintlff's Unopposed Application to Enlarge Deadline for Responding to Defendant's Motion for Sunnnan+ Judgment to client and David Weatherford 5 -20 -16 CATEGORY: Transcription 683.60 PAYEE: Racbael A. Roper, CSR REF: 2698 DESCRIPTION: Deposition of Julie Lombardi (taken 4- 25 -16) 5 -27 -16 CATEGORY: Duplication 1.80 PAYEE: N/A DESCRIPTION: Copies (5) of Plainti's Unopposed Application to File Brief in Response to Defendant's Motion for Sum» imy Judgment and Exhibits Thereto Under Seal (4 pp. /ea. x $0.09) 5 -27 -16 CATEGORY: Postage 0.94 PAYEE: N/A DESCRIPTION: Mail Plaints Unopposed Application to File Brief in Response to Defendant's Motion for Smnman, Judgment and Exhibits Thereto Under Seal to client and David Weatherford 6 -02 -16 CATEGORY: Duplication 67.50 PAYEE: N/A DESCRIPTION: Copies (5) of Plaintiff Patrick Ross' Response in Opposition to Defendant 01), of Owasso's Motion for Smnnmry Judgment (150 pp. /ea. x $0.09) Q DATE DESCRIPTION CHARGE 6 -03 -16 CATEGORY: Postage 10.60 PAYEE: N/A DESCRIPTION: Mail Plaintiff Patrick Ross' Response in Opposition to Defendant Cifi of Owasso's Motion for Summary Judgment to client and David Weatherford 6 -17 -16 CATEGORY: Postage 0.47 PAYEE: N/A DESCRIPTION: Mail Order (granting Defendant Cih+ of 01vasso's Motion for Summmy Judgment) to client 7 -13 -16 CATEGORY: Postage 0.47 PAYEE: N/A DESCRIPTION: Mail Joranal Eimy of Judgment (granting Defendant City of Owasso's Motion for Smnmmy Judgment) to client 7 -18 -16 CATEGORY: Duplication 2.25 PAYEE: N/A DESCRIPTION: Copies (5) of Plaints Unopposed Application to Permit Court Clerk to Access Sealed Filing for Prnpose of Cerfifijng Record on Accelerated Appeal Pursuant to Okl2Snp.Ct.R. 1.36 (5 pp. /ea. x $0.09) 7 -18 -16 CATEGORY: Postage 0.47 PAYEE: N/A DESCRIPTION: Mail Plaintiff's Unopposed Application to Permit Court Clerk to Access Sealed Filing for Prnpose of Certii ing Record on Accelerated Appeal Pursuant to Okla.Sup.0.R. 1.36 to David Weatherford 7 -19 -16 CATEGORY: Court Costs / Filing Fees 8.50 PAYEE: Tulsa County Court Clerk REF: 2016- 3376247 DESCRIPTION: Court Clerk's fee for certification of appellate record 7 -28 -16 CATEGORY: Duplication 498.16 PAYEE: Copy -Scan & More, LLC DESCRIPTION: Copying and binding of Record on Accelerated Appeal and Item No. 16 (filed under seal) 7 -29 -16 CATEGORY: Duplication 29.07 PAYEE: N/A DESCRIPTION: Copies (19) of Petition in Error (17 pp. /ea. x $0.09) 77 DATE DEscmip fON 7 -29 -16 CATEGORY: Supplies PAYEE Office Depot DESCRIPTION: Special envelopes for filing documents under seal 7 -29 -16 CATEGORY: Court Costs / Filing Fees PAYEE: Oklahoma Supreme Court REF: 66884 DESCRIPTION: Filing Fee for SD- 115.210 7 -29 -16 CATEGORY: Delivery PAYEE: Darrell's Package Express; LLC DESCRIPTION: Courier to Oklahoma Supreme Court 8 -17 -16 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail City of Owasso's Response to Petition in En-or to client 2 -08 -17 CATEGORY: Postage PAYEE: NIA DESCRIPTION: Mail Motion to Enter Judgment Pursuant to Mandate of Appellate Courts to client 2 -10 -17 CATEGORY: Duplication PAYEE: N/A DESCRIPTION: Copies (5) of PlaintiPatrickRoss 'CombinedResponse in Opposition to Defendant City of Owasso's Motion to Enter Judgment and Motion for Scheduling Conference (6 pp. /ea. x $0.09) 2 -10 -17 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Plaintiff Patrick Ross' Combined Response in Opposition to Defendant City of Owasso's Motion to Enter Judgment and Motion for Scheduling Conference to client and David Weatherford 5 -15 -17 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Scheduling Order to client 7 -17 -17 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Witness and Exhibit List of Defendant City of Owasso to client 78 CHARGE 32.87 176.00 0.47 4. 2.70 M ,d . . DATE DESCRIPTION CHARGE 7 -28 -17 CATEGORY: Duplication 3.15 PAYEE: N/A DESCRIPTION: Copies (5) of Application to Enlarge Scheduling Order (7 pp. /ea. x $0.09) 7 -28 -17 CATEGORY: Postage 1.40 PAYEE: N/A DESCRIPTION: Mail Plaintiff Patrick Ross' Combined Response in Opposition to Defendant Cihv of Owasso's Motion to Enter Judgment and Motion for Scheduling Conference to client and David Weatherford 8 -24 -17 CATEGORY: Postage 0.49 PAYEE: N/A DESCRIPTION: Mail Agreed Amended Scheduling Order to client 11 -17 -17 CATEGORY: Transcription 767.75 PAYEE: Bailey Reporting & Video, Inc. REF: Invoice not numbered DESCRIPTION: Deposition of Sherry Bishop (taken 11- 02 -17) 4 -23 -18 CATEGORY: Duplication 1.35 PAYEE: N/A DESCRIPTION: Copies (5) of Unopposed Application for One -Dm= Enlargement of Supplemental BriefngDeadline (3 pp. /ea. x $0.09) 4 -23 -18 CATEGORY: Postage 0.50 PAYEE: N/A DESCRIPTION: Mail Unopposed Application for One -Dm? Enlargement of Supplemental Briefing Deadline to David Weatherford 4 -24 -18 CATEGORY: Duplication 1.80 PAYEE: N/A DESCRIPTION: Copies (5) of Application to File Certain Exhibits SupporBng Supplemental Brief Under Seal (4 pp. /ea. x $0.09) 4 -24 -18 CATEGORY: Postage 0.50 PAYEE: N/A DESCRIPTION: Mail Application to File Certain Exhibits Supporting Supplemental Brief Under Seal to David Weatherford 79 DATE DEscRwTroN 4 -25 -18 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail City of Owasso's Supplemental Brief in Support of Motion to Enter Judgment Pursuant to Mandate of Appellate Courts to client 4 -27 -18 CATEGORY: Duplication PAYEE: N/A DESCRIPTION: Copies (5) of Plaintiff Patrick Ross' Supplemental Brief and Motion for Judgment against Defendant City of Owasso for Its Violation of the Open Records Act (183 pp. /ea. x $0.09) 4 -27 -18 CATEGORY: Postage PAYEE: NIA DESCRIPTION: Mail Unopposed Application for One -Dmv Enlargement of Supplemental Briefing Deadline to client and David Weatherford 5 -09 -18 CATEGORY: Court Costs / Filing Fees PAYEE: Tulsa County Cart Clerk REF: 2018-3760568 DESCRIPTION: Court reporter charge 5 -30 -18 CATEGORY: Duplication PAYEE: N/A DESCRIPTION: Copies (5) of Second Supplemental Brief Supporting Plaintiff Patrick Ross' Motion for Judgment against Defendant City of Owasso for Its Violation of the Open Records Act (12 pp. /ea. x $0.09) 5 -30 -18 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Unopposed Application for One-Da ' v Enlargement of Supplemental Briefing Deadline to client and David Wetherford 6 -05 -18 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Decision Entering Judgment Pursuant to Mandate of Appellate Courts to client 6 -12 -18 CATEGORY: Duplication PAYEE: N/A DESCRIPTION: Copies (5) of Plaintiff Patrick Ross' Motion to Reconsider, Vacate, and /orMod fi the Court's June 15, Decision Entering Judgment (40 pp. /ea. x $0.09) W CHARGE 0.65 82.35 d 1 20.00 5.40 1.30 0.50 18.00 DATE DESCRIPTION Cr3e1RGE 6 -12 -18 CATEGORY: Postage 2.80 PAYEE: N/A DESCRIPTION: Mail Plaintiff Patrick Ross' Motion to Reconsider, Vacate, and /or Modif � the Court's June I57 Decision Entering Judgment to client and David Weatherford 6 -27 -18 CATEGORY: Postage 0.50 PAYEE: N/A DESCRIPTION: Mail Citil of Owasso's Response to Motion to Reconsider, Vacate, and /or ifodifi, the Court's June 15' Decision Entering Judgment to client 7 -12 -18 CATEGORY: Postage 0.50 PAYEE: N/A DESCRIPTION: Mail Outer (denying Plaintiff s Motion to Reconsider) to client 8 -14 -18 CATEGORY: Court Costs / Filing Fees 21.00 PAYEE: Tulsa County Court Clerk REF: 2018- 3811293 DESCRIPTION: Court Clerk's charge for certification of appellate record 8 -17 -18 CATEGORY: Duplication 28.49 PAYEE: Copy -Scan & More, LLC REF: 822824900011 DESCRIPTION: Binding of Record on Accelerated Appeal and Item No. 16 (filed under seal) 8 -20 -18 CATEGORY: Delivery 39.68 PAYEE: FedEx Office REF: 920206422266 DESCRIPTION: Overnight delivery of Petition in Error and Record on Accelerated Appeal to Oklahoma Supreme Court 8 -21 -18 CATEGORY: Duplication 34.20 PAYEE: N/A DESCRIPTION: Copies (19) of Petition in Error (20 pp. /ea. x $0.09) 12 -01 -18 CATEGORY: Computerized Research 8.97 PAYEE: Thomson Reuters/Westlaw REF: Account 1005251149 DESCRIPTION: Search charges (prorated for Ross) — Nov. 2018 81 DATE DESCxjPnoN 1 -01 -19 CATEGORY: Computerized Research PAYEE: Thomson Reuters/Westlaw REF: Account 1005251149 DESCRIPTION: Search charges (prorated for Ross) — Dec. 2018 1 -01 -20 CATEGORY`. Computerized Research PAYEE: Thomson Reuters/Westlaw REF: Account 1005251149 DESCRIPTION: Search charges (prorated for Ross) — Dec. 2019 2 -01 -20 CATEGORY: Computerized Research PAYEE: Thomson Reuters/Westlaw REF: Account 1005251149 DESCRIPTION: Search charges (prorated for Ross) — Jan. 2020 5 -18 -20 CATEGORY: Court Costs/ Filing Fees PAYEE: Tulsa County District Corot REF: 2020-4092320 DESCRIPTION: Filing Fee for Case No. PB- 2020 -340 6 -01 -20 CATEGORY: Computerized Research PAYEE: Thomson Reuters/Westlaw REF: Account 1005251149 DESCRIPTION: Search charges (prorated for Ross) — May 2020 6 -29 -20 CATEGORY: Duplication PAYEE: N/A DESCRIPTION: Copies (5) of Motion to Subsfitate Party (15 pp. /ea. x $0.09) 6 -29 -20 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Motion to Substitute Party to client and David Weatherford 7 -01 -20 CATEGORY: Computerized Research PAYEE: Thomson Reuters/Westlaw REF: Account 1005251149 DESCRIPTION: Search charges (prorated for Ross) — Jun. 2020 8 -01 -20 CATEGORY: Computerized Research PAYEE: Thomson Reuters/Westlaw REF: Account 1005251149 DESCRIPTION: Search charges (prorated for Ross) — Jul. 2020 EL CAARCE 61.88 7.47 10.52 214.14 265.45 6.75 1.70 9.28 DATE DESCRIPTION CHARGE 10 -01 -20 CATEGORY: Computerized Research 76.56 PAYEE: Thomson Reuters/Westlaw REF: Account 1005251149 DESCRIPTION: Search charges (prorated for Ross) — Sep. 2020 11 -16 -20 CATEGORY: Duplication 2.70 PAYEE: N/A DESCRIPTION: Copies (5) of Plaint j's Motion for Attorney Fees Pursuant to 51 O.S. § 24A. 7(B) and Application to Set Hearing on Issue of Reasonableness (6 pp. /ea. x $0.09) 11 -16 -20 CATEGORY: Postage 1.70 PAYEE: N/A DESCRIPTION: Mail Plaint's Alotion forAttoniev Fees Pursrtarrt to 51 O.S. § 24A. 7(B) and Application to Set Heming on Issue of Reasonableness to client and David Weatherford 12 -10 -20 CATEGORY: Postage 0.55 PAYEE: N/A DESCRIPTION: Mail Order Setting Hearing to David Weatherford 1 -01 -21 CATEGORY: Computerized Research 7.95 PAYEE: Thomson Reuters/Westlaw REF: Account 1005251149 DESCRIPTION: Search charges (prorated for Ross) — Dec. 2020 TOTAL: $4,887.60 83 Exhibit A -3 CHRISTOPHER LINCOLN CAMP 320 SOUTH BOSTON AVENUE. SUITE 825 -G TULSA, OKLAHOMA 74103 (918) 200 -4871 C AM PLA W FI R M CMG MAI L. C O M BAR ADMISSIONS 4/2000 State of Oklahoma 8/2000 U.S. District Court, Northern District of Oklahoma 1/2001 U.S. District Court, Eastern District of Oklahoma 5/2001 U.S. District Court, Western District of Oklahoma 12/2000 U.S. Court of Appeals, Tenth Circuit Owner /Managing Partner /Lawyer Attorney of Counsel /Litigator Shareholder and Director /Litigator Associate Attorney /Litigator Associate Attorney /Litigator Clerk Clerk Court Runner HONORS 2008 Recipient, Oklahoma Bar Association Outstanding Young Lawyer Award 2008 Recipient, The Journal Record "Achievers Under 40" Award and Scholarship 2009 Recipient, Tulsa Business Journal "40 Under Forty" Award 2011 Recipient, OBA Young Lawyers Division "Fellow" Award 2013 -15 Recipient, Oklahoma Super Lawyers MEMBERSHIPS & PROFESSIONAL ORGANIZATIONS 2000 - Present American Bar Association House of Delegates (Delegate, 2007; Alternate Delegate, 2008) Young Lawyers Division: House of Delegates (Delegate, 2004 -08) Leadership Academy (Invitee /Participant, 2007) 2000 - Present Oklahoma Bar Association Board of Governors (Governor, 2007) House of Delegates (Delegate, 2007 & 2009 -10; Alternate Delegate, 2006 & 2008); Young Lawyers Division Board of Directors (Chairman, 2007; Officer, 2004 -08; Director, Judicial District No. 6, 2002 -05) EXPERIENCE 2012 - Present CAMP LAW FIRM 2011 FELDMAN, FRANDEN, WOODARD & FARRIS 2004 -2010 SNEED LANG HERROLD, P.C. 2003 ROSENSTEIN, FIST & RINGOLD 2000 -2003 BRIDGER-RILEY & ASSOCIATES, P.C. 1998 -2000 BARBER & BARTZ, ATTORNEYS AT LAW 1997 -1998 GABLE & GOTWALS 1997 BARKLEY & RODOLF Owner /Managing Partner /Lawyer Attorney of Counsel /Litigator Shareholder and Director /Litigator Associate Attorney /Litigator Associate Attorney /Litigator Clerk Clerk Court Runner HONORS 2008 Recipient, Oklahoma Bar Association Outstanding Young Lawyer Award 2008 Recipient, The Journal Record "Achievers Under 40" Award and Scholarship 2009 Recipient, Tulsa Business Journal "40 Under Forty" Award 2011 Recipient, OBA Young Lawyers Division "Fellow" Award 2013 -15 Recipient, Oklahoma Super Lawyers MEMBERSHIPS & PROFESSIONAL ORGANIZATIONS 2000 - Present American Bar Association House of Delegates (Delegate, 2007; Alternate Delegate, 2008) Young Lawyers Division: House of Delegates (Delegate, 2004 -08) Leadership Academy (Invitee /Participant, 2007) 2000 - Present Oklahoma Bar Association Board of Governors (Governor, 2007) House of Delegates (Delegate, 2007 & 2009 -10; Alternate Delegate, 2006 & 2008); Young Lawyers Division Board of Directors (Chairman, 2007; Officer, 2004 -08; Director, Judicial District No. 6, 2002 -05) Committee Involvement: Access to Justice Committee (Member, 2004 -06, 2008) Awards Committee (Member, 2006,2008-10) Bar Center Facilities Committee (Member, 2007 -08) Budget Committee (Member, 2007 -08) Disaster Response and Relief Committee (Member, 2007) Leadership Development Conference (Presidential Invitee /Participant, 2003) Leadership Task Force (Member, 2007 -09) Strategic Planning Committee (Member, 2005 -07 & 2010) YLD Election Committee (Chairman, 2008) YLD Long -Range Planning Committee (Chairman, 2007; Member, 2006 -07) YLD Publication /Website Committee (Co- Chairman, 2007; Member, 2006 -07) YLD Wills for Heroes /C.A.P. Committee (Founder; Member, 2007 -08) 2000 - Present Tulsa County Bar Association Board of Directors (Director -At- Large, 2009 -11) Young Lawyers Division Executive Council (2002 -05) Committee Involvement: Grievance Committee (Member, 2010) Employment Law Section (Treasurer, 2002; Member, 2001 -02) Membership Committee (Member, 2008) Community Services Committee (Member, 2001 -03) 2008 - Present Tulsa County Bar Foundation Board of Trustees (Secretary, 2008 -10; 2012; Trustee, 2008 -13) 2002 -10 American Inns of Court Hudson Hall- Wheaton Chapter (Barrister, 2006 -10) Council Oak Chapter (Associate, 2002 -03) 2000 -04 Oklahoma Trial Lawyers Association 2000 - Present Association of the Trial Lawyers of America /American Association for Justice 2000 -04 Federal Bar Association SELECTED JURY VERDICTS, JUDGMENTS, AND AWARDS 05/06/2019 Unum Life Insurance Co. of America v. Foreman, et al. United States District Court (E.D.Okla.) Case No. CIV- 18- 35 -SPS Award: $130,000.00 06/30/2015 Okmulgee County Family Resource Center, Inc. v. Mackey Okmulgee County District Court CJ- 2014 -81 Judgment: $151,115.14 04/28/2015 The Travelers Indemnity Co. v. Green Acre Village Home Owners Association, Inc. United States District Court (E.D.Okla.) Case No. CIV -13- 098 -RAW Judgment: $350,000.00 02/21/2014 Benge v. Raintree Estates 1, Inc., et al. Tulsa County District Court Case No. 0- 2009 -8361 Award: $350,000.00 10/25/2010 O'Mara v. GEICO General Ins. Co. United States District Court (N.D.Okla.) Case No. 09- CV- GKF -FHM Verdict: $125,000.00 5/15/2008 Miller v. Loves Travel Stops & Country Stores, Inc. United States District Court (W.D.Okla.) Case No. CIV -06- 1008 -D Verdict: $609,240.00 Attorney Fee Award: $243,696.00 10/18/2006 Agee v. Raintree Estates 1, Inc., et al. Tulsa County District Court Case No. CJ- 2004 -650 Verdict: $445,668.00 01/06/2006 Clyma v. Sunoco, Inc. United States District Court (N.D.Okla.) Case No. 03 -CV -809 Verdict: $472,243.00 Judgment: $414,787.00 Attorney Fee Award: $190,000.00 10/01/2001 Lollis v. City of Eufaula United States District Court (E.D.Okla.) Case No. 01 -CV -120 Judgment: $250,000.00 SELECTED REPORTED CASES & UNPUBLISHED OPINIONS Ross v. City of Owasso, 2020 OK CIV APP 66, - -- P.3d - -- (Okla.Civ.App. 2020) Mackey v. Okmulgee Co. Family Resource Ctr., Inc., Okla.Sup.Ct. Case No. DF- 117,713 (June 11, 2020) Barnes v. Pazzo, Okla.Sup.Ct. Case No. SD- 118,162 (Sep. 2, 2019) Lynch v. Bd. of Cty. Commis of Muskogee Co., Okla., 786 Fed.Appx. 774, 2019 WL 4233382 (10t'Cir.) Reiss v. Fitzgerald, Okla.Sup.Ct. Case No. MA- 117,599 (Jan. 28, 2019) Walker v. inVentiv Health, Inc., 2018 WL 3484043 (N.D.Okla.) Palzer v. Cox Oklahoma Telecom, LLC, 2018 WL 3240961 (N.D.Okla.) Okmulgee County Family Resource Center, Inc. v. Mackey, 400 P.3d 908 (Okla.Civ.App. 2017) Mackey v. Okmulgee Co. Family Resource Ctr., Inc., Okla.Sup.Ct. Case No. DF- 114,537 (Nov. 9, 2017) Stoker v. Twin Rivers Estates, Inc., Okla.Sup.Ct. Case No. SD-116,111 (Dec. 1, 2017) Ross v. City of Owasso, 389 P.3d 396 (Okla.Civ.App. 2016) Palzer v. Cox Oklahoma Telecom, LLC, 671 Fed.Appx. 1026, 2016 WL 6818839 (10" Cir.) Travelers Indem. Co. v. Green Acre Village Home Owners Assn, Inc., 2015 WL 13203396 (E.D.Okla.) Arnold v. Novika Capital Group, LLC, 2015 WL 12990468 (N.D.Okla.) U.S. v. Bridger- Riley, 2015 WL 4496055 (N.D.Okla.) Tri -Lakes Petroleum Co., LLC v. Brooks, 2014 WL 1789391 (N.D.Okla.) Mackey v. Okmulgee Co. Family Resource Center, Inc., 2014 WL 296929 (N.D.Okla.) Binder v. Warde, Okla.Sup.Ct. Case No. DF- 110,381(Jan. 31, 2014) Webster v. City of Bixby, 509 Fed.Appx. 787 (10" Cir. 2013) Reagor v. Okmulgee Co. Family Resource Center, Inc., 2012 WL 5507181(10" Cir.) Reagor v. Okmulgee Co. Family Resource Center, Inc., 2012 WL 4105142 (E.D.Okla.) McClain v. Riverview Village, Inc., 250 P.3d 919 (Okla.Civ.App. 2011) Webster v. City of Bixby, 2011 WL 4856165 (N.D.Okla.) Youngblood v. TOM Services, Inc., 2011 WL 3111958 (N.D.Okla.) Youngblood v. TOM Services, Inc., 2011 WL 3111958 (N.D.Okla.) In re Semcrude, L.P., 442 B.R. 258 (Bkrtcy.D.Del. 2010) O'Mara v. GEICO General Ins. Co., 2010 WL 5067616 (N.D.Okla.) O'Mara v. GEICO General Ins. Co., 2010 WL 4823960 (N.D.Okla.) Webster v. City of Bixby, 2010 WL 4636697 (N.D.Okla.) McClain v. Kuehn, Okla.Sup.Ct. Case No. MA-108,801 (Nov. 8, 2010) O'Mara v. GEICO General Ins. Co., 2009 WL 5183479 (N.D.Okla.) O'Mara v. GEICO General Ins, Co., 2009 WL 4823960 (N.D.Okla.) Plumb v. Papa John's Intern., Inc., 2009 WL 3335333 (N.D.Okla.) O'Mara v. GEICO General Ins. Co., 2009 WL 3157336 (N.D.Okla.) Agee v. Raintree Estates I, Inc., Okla.Sup.Ct. Case No. DF- 104,951(Jun. 11, 2009) Clyma v. Sunoco, Inc., 2008 WL 3394616 (N.D.Okla.) Miller v. Loves Travel Stops & Country Stores, Inc., 2008 WL 11338080 (W.D.Okla.) Miller v. Loves Travel Stops & Country Stores, Inc., 2008 WL 11338079 (W.D.Okla.) Miller v. Loves Travel Stops & Country Stores, Inc., 2008 WL 11338078 (W.D.Okla.) Miller v. Loves Travel Stops & Country Stores, Inc., 2008 WL 2079957 (W.D.Okla.) Miller v. Loves Travel Stops & Country Stores, Inc., 2008 WL 2079961 (W.D.Okla.) Miller v. Loves Travel Stops & Country Stores, Inc., 2008 WL 2025065 (W.D.Okla.) Miller v. Loves Travel Stops & Country Stores, Inc., 2008 WL 1841021 (W.D.Okla.) Smith v. Tulsa Co. District Attorney, 245 Fed.Appx. 807, 101 Fair Empl.Prac.Cas. 963 (10th Cir. 2007) Boyles v. Visteon Corp., 2007 WL 1723491 (N.D.Okla.) Greenshields v. Indep. School Dist. 1 -1016 of Payne Co., Okla., 174 Fed.Appx. 426 (10th Cir. 2006) In re Williams Companies, 2006 WL 5411268 (N.D.Okla.) Clyma v. Sunoco, Inc., 2006 WL 8430462 (N.D.Okla.) Clyma v. Sunoco, Inc., 2005 WL 8153788 (N.D.Okla.) Williams v. Metropolitan Life Ins. Co., 2005 WL 8175031 (N.D.Okla.) McIntire v. Tulsa County Sheriff, 121 Fed.Appx. 295 (10th Cir. 2005) In re Williams Companies, 2004 WL 5537084 (N.D.Okla.) In re Williams Companies, 2004 WL 5537083 (N.D.Okla.) Bromley v. Bromley, Okla.Sup.Ct. Case No. DF- 97,442 (Oct. 12, 2004) Smith v. Cochran, 339 F.3d 1205 (10`h Cir. 2003) In re Williams Companies, 271 F.Supp.2d 1328, 31 Employee Benefits Cas. 1870 (N.D.Okla. 2003) Clinton v. Logan County Election Bd., 29 P.3d 543 (Okla. 2001) PRESENTATIONS 7/19/2019 National Business Institute: "Ensuring Local Governments Comply with the Law' 11/14/2018 National Business Institute: "Human Resource Law Boot Camp" 11/17/2016 Oklahoma Coalition Against Domestic Violence and Sexual Assault — Employment Law Symposium 5/12/2011 Tulsa County Bar Association: "Termination without Litigation" 3/25/2010 Sterling Education Services, Inc.: "Fundamentals of Employment Law — Employee Privacy in the Workplace" 3/18/2009 Sterling Education Services, Inc.: "New Realities in Employment Law — Employment Issues in the Paperless Workplace" 2/5/2009 Sand Springs Chamber of Commerce: "Employment Law Update" 2/4/2009 Tulsa Equal Employment Opportunity Coordinators Association: "Checklist for Reviewing Termination Decisions, Recent Developments, and New Case Law" 11/6/2008 Tulsa Area Human Resources Association, Employment Law & Practices Seminar: "Checklist for Reviewing Termination Decisions" 9/23/2003 FLSA Forum: "Overtime and Compensatory Time — Examining District Options" EDUCATION UNIVERSITY OF TULSA COLLEGE OF LAW Tulsa, Oklahoma Degree: Juris Doctor, December 1999 Honors: UNIVERSITY OF TULSA Degree: Major: Dean's Honor Roll Bachelor of Arts, May 1995 English Literature Tulsa, Oklahoma Minor: Secondary Education Honors: Army ROTC /TU Military Science Scholarship Grant General Dynamics Award for Outstanding Leadership President's Ambassador Council Honor Society College of Arts and Sciences Dean's Honor Roll Activities: Army Reserve Officers Training Corps Intercollegiate Cross Country New Student Orientation Group Leader Fellowship of Christian Athletes 2000- Present University of Tulsa College of Law Alumni Association Board of Directors (2008 -2011) Student Recruitment Committee (Co- Chair, 2008 -2011) 2003 -2011 Rotary Club of Tulsa Contributing Writer, The Gasser (2004 -06) Member 2001 -03 Ronald McDonald House Charities of Tulsa Chairman, McDazzle Silent Auction (2002) Highest - grossing silent auction in the 14 -year history of the McDazzle event Silent Auction Committee Volunteer, McDazzle Silent Auction (2001) 2001 -02 Oklahoma Bar Foundation High School Mock Trial Program Scoring Panelist (2002) Program Presenter (2001) 2001 -02 Tulsa Public Schools /Street School Mentoring Program Mentor (2001 -02) A MITCHELL GARRETT JR. Phone: 918- 221 -6190 mitchell @garrett.legal 320 S Boston Ave, STE 320 Tulsa, Oklahoma 74103 Persuasive litigator handling matters in both state and federal court. Focuses in the areas of consumer litigation with expertise in negligence, civil rights, product liability, mass torts, employment, criminal, and bankruptcy. Has tried many cases to a jury to a successful conclusion. Maintains the highest awards in civil rights litigation in the state of Oklahoma. He is a frequent presenter to other attorneys in continuing education about litigation in negligence cases, use of technology, ethics, and case management. Practices outside Oklahoma and litigates in courts around the country. COURT ADMISSIONS State of Oklahoma United States District Courts - Oklahoma (Northern, Western, and Eastern Districts) - Arkansas (Eastern and Western Districts) - Illinois (Northern District) - Kentucky (Western District) - New Mexico (District of New Mexico) - Tennessee (Eastern and Western Districts) United States Court of Appeals - Tenth Circuit United States Supreme Court HONORS AND AWARDS Super Lawyer Governor's Commendation AV Preeminent Rated Rising Star Rising Star Distinguished Service Award Rising Star Achievers under 40 Super Lawyers 2020 State of Oklahoma 2017 Martindale- Hubbell 2016 Super Lawyers 2015 Super Lawyers 2014 American Association for Justice 2013 Super Lawyers 2011 Journal Record 2009 PRESENTATIONS AND INVITED LECTURES Tulsa County Bar Association American Association for Justice National Business Institute Seminar American Association for Justice American Association for Justice National Business Institute Seminar American Association for Justice American Association for Justice (AAJ) Oklahoma Bar Association American Association for Justice Mass Torts Made Perfect Understanding Social Security Disability PROFESSIONAL AFFILIATIONS Legal Issues facing Veterans with PTSD 2020 Trial Tips from Successful Litigators 2014 Personal Injury 2012 The Budget Conscious Law Office 2013 Litigation Auto Collision Cases 2012 Using High -Tech Demonstratives on a 2011 Low -Tech Budget Member Using the Internet as a Business Tool 2011 Selecting your Expert 2011 Mechanics of Oklahoma Civil Procedure 2010 Social Medic: Considerations of Today's 2010 Trial Lawyer Litigation Update on Mass Torts 2009 National Organization of Social Security 2008 Claims Representatives American Association for Justice Board of Governors 2009 - Present Oklahoma County Bar Association Member 2007 - Present Oklahoma Association for Justice Board of Governors 2004 - Present Tulsa County Bar Association Member 2004 — Present American Bar Association Member 2002 — Present PROFESSIONAL SERVICE Tulsa County Bar Association Chair of Military and Veterans Committee Chair of Litigation Section American Association for Justice • Chair of New Lawyers Division • Board of Governor • Operating Finance Committee • Political Action Committee • Diversity Committee American Bar Association • Tort Trial & Insurance Practice Section (TIPS) board JD University of Tulsa, Law December 2004 CALI award in Arbitration BA Texas A &M University, Business Management December 1993 Focus on International Business and Engineering ATTORNEY FEE TESTIMONY Mackey v. Okmulgee Counly Fancily Resource Center, Inc. Okmulgee County District Court - Case No. CJ -2015 -00020 Presented testimony as to the reasonableness of attorney fees and prevailing rates. Lehman v. Gory Arthur Richey III, Real Property Development Consultants, Inc. Tulsa County District Court - Case No. CJ- 2008 -04412 Testified as to the reasonableness of attorney fees and prevailing rates. COMMUNITY SERVICE Red Cross Disaster Relief, DAT Team Member, 1999 -2006 • 9/11 Pentagon Logistics Operation • Hurricane Katrina Relief, Astrodome • Director of Operations Boy Scouts of America Assistant Den Leader, Pack 318, 2015 -2018 • NRA Range Master • Certificate of Merit, Youth Education United States Marine Corps Non - commissioned Officer, Infantry, 1998 -2004 • Operation Desert Storm / Desert Shield • Presidential Unit Citation • Meritorious Unit Citation • Joint Service Award Arlington, VA Houston, TX Camp Gruber, OK Ross v. City of Owasso, at al. Tulsa County District Court Case No. CV- 2013 -898 Exhibit A -1 Attorney Fees Incurred by Plaintiff Ross in Connection with Prosecution of Oklahoma Open Records Act Claim and in Preparing and Presenting Plaintiff's Motion for Attorney Fees and Costs 6 -18 -13 TC Patrick Ross 250.00 0.0 0.00 83 123:80 6 -19 -13 TC (2) Patrick Ross 250.00 0.0 0.00 8.4 75.09 6 -20 -13 TC (2) Patrick Ross 250.00 0.0 0.00 04 7-5:80 6 -21 -13 TC Patrick Ross 250.00 0.0 0.00 0.2 30.00 6 -25 -13 TC (8) Patrick Ross 250.00 0.0 0.00 44 325.00 6 -26 -13 TC (2) Patrick Ross 250.00 0.0 0.00 83 158:80 6 -27 -13 TC (3) Patrick Ross 250.00 0.0 0.00 84 175:89 6 -28 -13 TC (2) Patrick Ross 250.00 0.0 0.00 8.2 30.00 I 7 -01 -13 Receipt and review copy of correspondence from City of 250.00 0.3 75.00 Owasso to Patrick Ross denying Ross' 6 -26 -13 request under the Oklahoma Open Records Act for a copy of the report prepared by Guy Fortney regarding City Manager Rodney Ray; analyze the grounds articulated by Owasso for denying Ross' ORA request, and in particular, Owasso's specific assertion that (a) the "report regarding Rodney Ray is not subject to disclosure" under the ORA because "a public body may keep personnel records confidential which relate to internal personnel investigations," and (b) "[n]either the City Council nor any member of City staff is in possession" of the report 7 -01 -13 Research (begin) on Westlaw Re: Whether records that a 250.00 4.2 1,050.00 public body otherwise has the option of designating as "confidential" under the ORA are subject to disclosure if the personnel record in question contains information that the public employee to whom the record pertains committed or potentially committed a criminal offense; locate, read, analyze decisions from other jurisdictions (including Portland v. Anderson, Oregonian Pub. v. PSD, In re Witness Before Special Grand Jury 2000 -2, In re Lindsey, In re Grand Jury Subpoena Duces Tecum, U.S. v. Nixon, Ward Telecom. & Comp. Svcs. V. N.Y., and Guard Pub. V. Lane Co. School Dist.) holding in the affirmative, and further finding that a "government lawyer [is] duty -bound to report internal criminal violations, not to shield them from public exposure'; review Garner and Branzburg decisions (recognizing that "a government attorney should have no privilege to shield relevant information from the public citizens to whom she owes ultimate allegiance "); KeyCite all (3.7); draft notes summarizing findings (for use in drafting petition and prosecuting action against Owasso for its violation of the ORA) (0.5) 2 DATE !DESCRIPTION IRATE HOURS CHARGE 7 -02 -13 Access, review, and analyze City of Owasso's agendas 250.00 3.9 975.00 (posted 5 -23, 6 -14, 6 -20, and 6 -24) and minutes of City Council meetings (held 5 -24, 6 -18, 6 -21, and 6 -25) pertinent to Owasso's violations of the Open Records Act and OMA; research application of 25 O.S. § 307(B)(4); determine that City Council cannot rely upon Section 307(B)(4) to justify denial of Ross' Open Records Act request and to shield Ray investigation from disclosure because (a) the City Council did not make the required finding of "serious impairment," and (b) Section 307(B)(4) does not protect discussions of the investigative findings after the conclusion of the investigation; search for cases recognizing that use of "personnel record" exception to withhold information that public body's officers and employees engaged in criminal conduct undermines and impermissibly circumvents the core purpose of the Open Records Act; locate, read, and analyze cases (including Anchorage, Picton, Denver Pub. Co., SHOPO, Guy Gannett Pub., Sun Newspapers, Morning Call, Yakima Newspapers, and Journal /Sentinel) holding that a public body cannot use the confidentiality clause in a settlement agreement to avoid its duty of production under open records laws; KeyCite all (2.5); run same search parameters in Okla. Atty. Gen. Opinions database; read and analyze findings (1.0); draft notes summarizing findings (0.4) 7 -02 -13 Research construction and application of 51 O.S. § 24A.7 250.00 2.1 525.00 and interplay between Oklahoma Open Records Act and penalty provision of 25 O.S. § 307; review Handbook for City and Town Offcials published by Oklahoma Municipal League; pull (from Westlaw), read, and analyze pertinent statutory and decisional authorities cited therein 7 -03 -13 Research on Westlaw Re: Authorities expressly holding that 250.00 0.8 200.00 a public body may act or decide matters only through a public vote formally conducted by its governing body in conformity with the requirements of the Open Meeting Act (as same relates to Mayor Bonebrake's unilateral (and thus unlawful) decision to designate Guy Fortney's report as "confidential" under 51 O.S. § 24A.7); locate case law on point; read and KeyCite same 3 7 -03 -13 Draft letter to Owasso City Council (for client to submit 250.00 2.0 under his own signature) memorializing and challenging City Council's violation of the Oklahoma Open Records Act; proof and revise /finalize 7 -03 -13 TC (3) Patrick Ross Re: Answered client's questions 250.00 0.3 500.00 75.00 regarding anticipated Open Records Act case against the City of Owasso; suggest that client limits what he reveals about anticipated litigation when speaking with Morgan and Brown; status of delivery of July 3rd letter addressing violation of Open Records Act; Bonebrake's delivery of his copy to Lombardi 7 -09 -13 Receipt and review news article by Mike Brown addressing 250.00 0.1 25.00 City Council's lack of transparency in refusing to release Guy Fortney's report regarding the crimes likely committed by Rodney Ray 7 -10 -13 TC (2) Patrick Ross Re: Evidence (including e -mails 250.00 0.6 150.00 Councilor Moberly sent to Ross and Councilor Brown) establishing or otherwise supporting Ross' claim that the decision to withhold Guy Fortney's findings from the public and to deem the written report "confidential" had already been made unilaterally by Bonebrake (rather than by the City Council, as required under Section 24A.7 of the Open Records Act) 7 -11 -13 TC Patrick Ross Re: City Council's refusal during July 91" 250.00 0.2 50.00 meeting to address client's letter seeking Owasso's compliance with the Open Records Act; Councilor Moberly's demand that Ross produce all Camp Law billing statements (based on her odd assertion that the legal services Ross obtained in connection with his Open Records Act request constitutes the "transaction of public business by a public official ") 7 -15 -13 TC Patrick Ross 250.00 0.5 125.00 7 -16 -13 TC Patrick Ross 250.00 0.3 75.00 7 -17 -13 TC Patrick Ross 250.00 0.3 75.00 7 -18 -13 TC (4) Patrick Ross 250.00 0.5 125.00 7 -19 -13 TC (4) Patrick Ross 250.00 0.4 100.00 7 -20 -13 TC Patrick Ross 250.00 0.1 25.00 7 -22 -13 TC Patrick Ross 250.00 0.3 75.00 7 -23 -13 TC Patrick Ross 250.00 0.3 75.00 7 -24 -13 TC (2) Patrick Ross 250.00 0.2 50.00 7 -24 -13 Meet with client to gather and review documents 250.00 2.0 500.00 7 -25 -13 TC (2) Patrick Ross 250.00 0.6 150.00 7 -26 -13 TC (2) Patrick Ross 250.00 0.4 100.00 7 -28 -13 TC Patrick Ross 250.00 0.5 125.00 7 -29 -13 Receipt (from Joey Senat) and review Open Records /OMA 250.00 2.0 500.00 Primer; identify principles and authorities addressed by same that are pertinent to instant dispute between Ross and the Owasso City Council; pull and read full text of strongest cases and AG opinions; KeyCite all; prepare notes for use in drafting petition 7 -30 -13 Research on Westlaw Re: Articles and digests addressing 250.00 2.5 625.00 the prosecution of claims against public bodies for violating sunshine laws and specifying the evidence a plaintiff must produce in order to prevail; locate and review 126 Am.Jur. POF 3d 343; pull, read, analyze, and KeyCite decisions cited therein that are analogous to the circumstances faced by Ross; read and analyze remainder of research printed out on 7 -29 -13 7 -30 -13 TC (3) Patrick Ross 250.00 0.7 175.00 7 -31 -13 TC Patrick Ross 250.00 0.1 25.00 8 -02 -13 Draft (begin) Petition for violation of the Oklahoma Open 250.00 1.0 250.00 Records Act; research (continue) on Westlaw Re: Interplay between governmental body's duty of production under the ORA and the penalty provision of the Oklahoma Open Meeting Act, 25 O.S. § 307(F)(2) 5 DATE DESCRIPTION RATE HOURS CHARGE 8 -02 -13 TC (2) Patrick Ross 250.00 0.4 100.00 8 -03 -13 Communicate with client 250.00 8 -03 -13 Draft annotated chronology of events (for use in pleading 250.00 Open Records Act claim and for purpose of identifying each individual open meeting violation that potentially forfeited, or otherwise bears upon, Owasso's right (if any) under the Open Records Act to withhold the Ray investigative report from public view); to the fullest extent possible, cross - reference each separate event with corresponding agenda item, minute entry, newspaper article, e-mail, personal note, and/or other contemporaneous record; for each event, identify /articulate precise deficiency, violation, and/or malfeasance on the part of the individual City Councilors, the City Attorney, and/or other municipal employee(s) 8 -04 -13 Communicate with client 250.00 8 -04 -13 Revise annotated chronology of events; supplement with 250.00 additional factual details provided by client; modify for incorporation into "Facts" section of Petition 8 -04 -13 Draft (continue) Petition; continue work on factual details 250.00 and elemental averments; work on legal averments setting forth governing principles of sunshine laws pertinent to case at bar; research on Westlaw Re: Statutes, reported decisions, and Atty. Gen. opinions (to be cited in footnotes) supporting each legal principle /averment enumerated in the Petition 8 -05 -13 TC (3) Patrick Ross 8 -05 -13 Draft (continue) Petition 0.1 25.00 3.0 750.00 0.1 25.00 1.2 300.00 5.5 250.00 0.6 250.00 4.2 8 -05 -13 Receipt and review correspondence from Patrick Ross Re: 250.00 0.3 Client's suggested corrections and changes /additions to Petition; revise draft Petition by incorporating client's edits; e -mail client Re: Confirmation that suggested corrections and changes have been received and have been made 8 -06 -13 TC (3) Patrick Ross 250.00 0.8 1,375.00 150.00 1,050.00 75.00 200.00 DATE DESCRIPTION RATE HOURS CHARGE -. 8 -06 -13 Draft (completed) 39 -page Petition; proof and revise; 250.00 5.3 1,325.00 prepare Exhibits "A" through "O" for attachment to Petition; prepare Civil Cover Sheet; finalize Petition for filing; draft Original Summons 8 -07 -13 Receipt and review notes that client drafted and cross- 250.00 0.5 125.00 referenced with the numbered paragraphs of the Petition for use in preparing written discovery requests and deposition questions 8 -08 -13 TC (3) Patrick Ross 250.00 0.2 50.00 8 -12 -13 Research on OSCN /ODCR and PACER; prepare chart 250.00 0.2 50.00 reflecting City Attorney Lombardi's representation of the 8 S 208.00 City of Owasso in all matters except for one (CJ -2010- 6989), as same potentially relates to Mayor Bonebrake's primary reason for bringing in an outside attorney to investigate Ray (i.e., to improve the City Council's ability to shield Ray's criminal conduct from public view and to sidestep its obligations under the Open Records Act) (1.0) [NO CHARGE - 0.81 8 -13 -13 TC Patrick Ross 250.00 0.1 25.00 8 -15 -13 Communicate with client 250.00 0.1 25.00 8 -16 -13 Communicate with client 250.00 0.1 25.00 8 -18 -13 TC from Patrick Ross 250.00 0.3 75.00 8 -19 -13 TC (4) Patrick Ross 250.00 0.8 200.00 8 -20 -13 TC (4) Patrick Ross 250.00 0.3 75.00 8 -26 -13 TC Patrick Ross 250.00 0.4 100.00 8 -30 -13 TC Patrick Ross 250.00 0.4 100.00 8 -31 -13 TC (2) Patrick Ross 250.00 0.2 50.00 9 -03 -13 Communicate with client 250.00 0.1 25.00 9 -05 -13 TC (2) Patrick Ross 250.00 0.7 175.00 7 9 -06 -13 TC David Weatherford 250.00 0.3 75.00 9 -09 -13 R/R Transfer Order 250.00 0.2 50.00 9 -09 -13 R/R Appearance of Counsel and Reservation of Time to 250.00 0.1 250.00 Answer for Defendant City of Owasso 9 -10 -13 TC Patrick Ross 250.00 0.2 50.00 9 -12 -13 TC (2) David Weatherford 250.00 0.2 50.00 9 -14 -13 Communicate with client [NO CHARGE] 250.00 0.0 0.00 04 25.00 9 -16 -13 TC Patrick Ross 250.00 0.4 100.00 9 -17 -13 TC (6) Patrick Ross 250.00 1.3 325.00 9 -19 -13 TC Patrick Ross 250.00 0.3 75.00 9 -19 -13 Draft (begin) detailed letter to Owasso City Council 250.00 3.0 750.00 exhaustively responding to Councilor Jeri Moberly's 4. 1,090.00 demand that Ross produce all Camp Law billing statements (since, according to Moberly, Ross was a "public official" engaged in the "transaction of public business" when he hired Camp Law to handle his dispute with the City of Owasso over the City's denial of his request for records under the Open Records Act); conduct research on Westlaw pertinent to legal assertions therein 9 -20 -13 Receipt and review e-mail thread between Ross and 250.00 0.4 100.00 Councilor Jeri Moberly Re: Moberly's demand that Ross produce all billing statements for legal services performed on his behalf in connection with Open Records dispute; identify and mark key portions of same 9 -20 -13 Draft (continue) letter to Owasso City Council; research 250.00 8.5 2,125.00 (continue) on Westlaw Re: Authorities supporting legal 34 575.00 arguments DATE =DESCRIPTION RATE HOURS >CHARGE 9 -20 -13 E -mail to client Re: Draft -in- progress of letter to Owasso 250.00 0.1 25.00 City Council addressing Councilor Moberly's demand for copies of bills reflecting work performed by Camp Law Firm in connection with the Open Records dispute between Ross and Owasso 9 -26 -13 TC Patrick Ross 250.00 0.2 50.00 9 -27 -13 TC (2) Patrick Ross 250.00 0.4 9 -27 -13 Draft (completed) letter to Owasso City Council; research 250.00 7.5 (completed) on Westlaw Re: Authorities supporting legal 3-8 arguments; proof and revise; finalize for service 10 -01 -13 R/R Defendant City of Owasso's Answer & Counterclaim; 250.00 2.7 identify allegations in Petition that Owasso is denying; analyze factual and legal grounds for counterclaims; conduct related legal research 10 -01 -13 TC (2) Patrick Ross 250.00 0.5 10 -04 -13 R/R Defendant City of Owasso's Discovery Requests to 250.00 0.2 Plaintiff Patrick D. Ross; calendar response deadline 10 -07 -13 Communicate with client [NO CHARGE] 250.00 0.0 04 10 -09 -13 TC Patrick Ross 10 -10 -13 TC Patrick Ross 250.00 0.1 250.00 0.4 10 -11 -13 TC David Weatherford 250.00 0.2 10 -17 -13 Draft Plaint's Motion to Strike Affirmative Defenses and 250.00 6.5 to Deem Admitted Portions of Defendant's Answer 10 -17 -13 TC Patrick Ross 100.00 1,875.00 950.00 675.00 125.00 50.00 0.00 25.00 25.00 100.00 50.00 1,625.00 250.00 0.2 50.00 10 -18 -13 Revise Plaintiff's Motion to Strike Affirmative Defenses and 250.00 0.3 to Deem Admitted Portions of Defendant's Answer 10 -18 -13 TC (2) Patrick Ross 250.00 0.5 W 75.00 125.00 10 -21 -13 Draft Answer to Counterclaims; review 12 O.S. §§ 2008 & 250.00 0.5 125.00 2012; identify other available affirmative defenses 10 -23 -13 TC David Weatherford 250.00 0.1 25.00 10 -23 -13 Communicate with client 250.00 0.2 50.00 10 -29 -13 TC Patrick Ross 250.00 0.3 75.00 10 -30 -13 TC Patrick Ross 250.00 0.4 100.00 10 -31 -13 TC (2) David Weatherford 250.00 0.1 25.00 11 -01 -13 TC (2) Patrick Ross 250.00 0.2 50.00 11 -06 -13 TC (3) Patrick Ross 250.00 0.8 200.00 I1 -07 -13 R/R Defendant's Application for Extension of Time to 250.00 0.1 25.00 Respond to Motion to Strike 11 -12 -13 RJR Order Granting Extension of Time to Respond to 250.00 0.1 25.00 Motion to Strike 11 -15 -13 TC (3) Patrick Ross 250.00 0.3 75.00 11 -19 -13 RJR Defendant City of Owasso's Response to Motion to 250.00 0.8 200.00 Strike; analyze arguments; pull, read, and KeyCite cases cited in Response; draft notes regarding same 11 -19 -13 TC (2) Patrick Ross Re: Owasso's Response to Motion to 250.00 0.8 200.00 Strike 11 -19 -13 TC David Weatherford 250.00 0.1 25.00 11 -20 -13 Receipt and review a -mails (3) from client (with 250.00 0.4 100.00 attachments) Re: Client's chronology and detailed observations relating to Guy Fortney's investigation of City Manager Rodney Ray and preparation of the report detailing his findings, efforts by Mayor Bonebrake and others to prevent Foriney's report (or any of the information and conclusions set forth therein) from being made public, and all related City Council meetings 10 DATE - DESCRIPTION' RATE HOURS CHARGE 11 -21 -13 Communicate with client [NO CHARGE] 250.00 0.0 0.00 0.4 25.00 11 -23 -13 Receipt, review, and respond to correspondence from client 250.00 0.4 200.00 Re: Mayor Bonebrake's statement that investigation was finished and Fortney had completed his report; locate 6 -21- 13 Tulsa World article memorializing statement (as same relates to Owasso's version of the facts in Open Records litigation); forward to client 11 -27 -13 R/R Order Denying Plaintiff's Motion to Strike Affirmative 250.00 0.1 25.00 Defenses and to Deem Admitted Portions of Defendant's Answer 12 -03 -13 TC David Weatherford 250.00 0.3 75.00 12 -10 -13 TC Patrick Ross 250.00 0.1 25.00 12 -13 -13 TC Patrick Ross 250.00 0.4 100.00 12 -17 -13 TC (3) from Patrick Ross 250.00 1.1 275.00 12 -24 -13 TC Patrick Ross [NO CHARGE] 250.00 0.0 0.00 04 25.00 1 -21 -14 TC (4) from Patrick Ross 250.00 0.3 75.00 2 -04 -14 TC Patrick Ross 250.00 0.2 50.00 2 -14 -14 TC Patrick Ross 250.00 0.4 100.00 2 -21 -14 Communicate with client [NO CHARGE] 250.00 0.0 0.00 04 25:00 2 -23 -14 Communicate with client [NO CHARGE] 250.00 0.0 0.00 04 30.00 2 -25 -14 Receipt from client and review e-mail thread between 250.00 0.0 0.00 client, City Attorney Julie Lombardi, and City Councilor 04 75.00 Jeri Moberly Re: "Citizen complaint' ' allegedly received by Moberly purportedly complaining of Ross' statements about the corruption of city employees; draft response [NO CHARGE] 11 2 -26 -14 Receipt (from Judge Fitzgerald) and review Scheduling 250.00 0.1 25.00 Conference Docket; update calendar 2 -28 -14 TC David Weatherford 3 -27 -14 3 -28 -14 3 -28 -14 250.00 0.1 25.00 Appear before Hon. Mary Fitzgerald for scheduling 250.00 0.8 conference TC Patrick Ross TC (2) David Weatherford 250.00 0.2 250.00 0.2 3 -29 -14 Receipt and review correspondence from client; review 250.00 attached transcript of Councilor Moberly's statements at the 8 -06 -13 meeting of the City Council Re: Open Records dispute; Moberly's view that Ross is "glorifying the idea of transparency," and her demand that Ross produce all Camp Law billing statements (which Moberly "estimate[s] to be in excess of ten thousand dollars "); communicate with client following review of transcript 4 -01 -14 R/R Scheduling Order; update calendar 250.00 4 -08 -14 TC Patrick Ross 250.00 4 -09 -14 TC David Weatherford Re: Possibility of settlement; 250.00 Weatherford's preparation of draft Settlement Agreement and Release 4 -09 -14 Receipt, review, and analyze Weatherford's first draft of 250.00 proposed Settlement Agreement and Release (whereby, inter alia, the parties would enter into a mutual release, agree to pay all of their own attorney fees and litigation expenses, and Owasso would release Fortney's report as a public document by 4 -16 -14 and waive any claims that the document is not subject to public disclosure) and accompanying mutual Dismissal with Prejudice (proposed); Weatherford requesting immediate review in hopes of moving forward with an agenda item at 4 -15 -14 City Council meeting 12 1' 200.00 50.00 50.00 100.00 0.2 50.00 0.1 25.00 0.1 25.00 0.2 50.00 4 -09 -14 Draft detailed correspondence to client Re: Request that 250.00 0.3 75.00 client review proposed Settlement Agreement and Release; necessity that all investigative materials be released, concerns regarding possible abuse of non - disparagement clause (as currently worded), City's retraction of defamatory remarks about Ross, inclusion in counteroffer of demand for attorney fees to which Ross would be entitled under Open Records Act, and other miscellaneous issues 4 -09 -14 Receive e-mail from client responding to earlier request that 250.00 0.2 50.00 he review the proposed Settlement Agreement; review /analyze attached red -lined draft 4 -09 -14 TC (2) Patrick Ross Re: Changes to Settlement Agreement; 250.00 0.3 75.00 negotiations 4 -09 -14 Meeting with David Weatherford Re: Continued settlement 250.00 0.6 150.00 negotiations; work on resolving various disputes as to wording of Settlement Agreement 4 -09 -14 Receive correspondence from David Weatherford (with 250.00 0.1 25.00 attachment); review first edits to Settlement Agreement; Weatherford's plan to contact Guy Fortney in follow -up to issues raised at earlier meeting 4 -11 -14 TC David Weatherford 250.00 0.1 25.00 4 -11 -14 Receipt and review e -mail from Patrick Ross Re: Changes 250.00 0.1 25.00 to ¶¶ 1 & 7 and grounds for same, stance on recovery of fees, and negotiation strategy 4 -12 -14 TC Patrick Ross 250.00 0.1 4 -13 -14 Receive e-mail from client Re: Terms of settlement; 250.00 0.5 review /analyze changes and additions to latest proposed draft of Settlement Agreement (0.2); communicate with client Re: Same (0.3) 4 -14 -14 Draft correspondence to David Weatherford Re: Status of 250.00 0.1 client's review of, and revisions to, draft Settlement Agreement; anticipated completion and delivery of same to Weatherford 4 -14 -14 TC from David Weatherford 250.00 0.1 13 25.00 125.00 25.00 25.00 4 -14 -14 TC (3) Patrick Ross 250.00 0.6 4 -14 -14 Revise Settlement Agreement; forward copy of same to 250.00 0.5 Weatherford and Ross; review documents file in preparation for drafting "Attachment A" 4 -15 -14 TC (3) David Weatherford (0.3); receipt and review 250.00 0.4 correspondence from Weatherford Re: Incorporation into Settlement Agreement of some requested changes, Weatherford's belief that latest version is likely the best Owasso is willing to do, and acknowledgment that if no agreement can be reached to conclude the Open Records litigation, the parties are likely to "spend a fortune, with some risk, over the next several months" (0.1) 4 -15 -14 TC (3) Patrick Ross Re: Conversations /negotiations with 250.00 0.3 Weatherford, substance of Weatherford's written correspondence, and apparent acknowledgment on the part of Owasso regarding the high cost of litigating Ross' Open Records suit; address different fee - shifting standards applicable to each party under the Open Records Act; discussed items to be included in "Attachment A" 4 -15 -14 Draft "Attachment A" to proposed SettlementAgreement 250.00 0.3 4 -15 -14 Draft correspondence to client Re: Completion of 250.00 0.2 "Attachment A ", view that statements not specifically referenced therein likely constitute opinion and/or are too vague to warrant inclusion in Settlement Agreement 150.00 125.00 100.00 75.00 75.00 50.00 4 -15 -14 Draft correspondence to David Weatherford (with 250.00 0.4 100.00 attachment) Re: Transmittal of "Attachment A ", thought process regarding contents of same, firm counteroffer, Ross standing firm on demand that Owasso retract all disparaging remarks about him and pay the attorney fees he incurred to obtain Owasso's compliance with his Open Records request seeking Guy Fortney's report (0.2); TC (3) Weatherford Re: Following up on same (0.2) 4 -17 -14 Communicate with client [NO CHARGE] 250.00 0.0 0.00 04 25.00 4 -24 -13 TC David Weatherford 250.00 0.1 25.00 14 DATE DESCRIPTION RATE HOURS CHARGE '. 4 -28 -14 TC Patrick Ross 250.00 0.1 25.00 4 -30 -14 TC David Weatherford 250.00 0.1 25.00 5 -01 -14 TC David Weatherford 250.00 0.1 25.00 5 -12 -14 TC (2) Patrick Ross 250.00 0.2 50.00 5 -28 -14 Receipt and review correspondence from David 250.00 0.2 50.00 Weatherford (with attachment) Re: Attempts to restart settlement talks and Owasso's continued refusal to compensate Ross for the attorney fees incurred in pursuit of Owasso's compliance with his Open Records request; review and analyze Weatherford's latest revisions to proposed Settlement Agreement 6 -04 -14 Communicate with client Re: Events occurring in executive 250.00 0.4 100.00 session on 6 -21 -13 and 6 -25 -13 pertinent to Open Records Act action 6 -25 -14 TC (2) David Weatherford 250.00 0.1 25.00 7 -01 -14 Communicate with client Re: Deposition of Moberly 250.00 0.2 50.00 7 -09 -14 Communicate with client Re: Request for update 250.00 0.2 50.00 7 -10 -14 Meet with client (2.0) [NO CHARGE -1.0] 250.00 1.0 250.00 4-0 250.00 7 -10 -14 Receipt and review Carol Weatherly correspondence to 250.00 0.0 0.00 Mayor Bonebrake Re: Harassment of Ross and Brown for 4.4 25.00 their opposition to unlawful practices [NO CHARGE] 7 -10 -14 Work on identification of "privilege violations" that City of 250.00 3.1 775.00 Owasso claims Plaintiff committed by filing Open Records action (0.8); conduct legal research Re: Invalidity of position (2.0); communicate with client Re: Findings (0.3) 7 -10 -14 TC David Weatherford Re: Amended scheduling order 250.00 0.2 50.00 7 -14 -14 Communicate with client 250.00 0.1 25.00 7 -17 -14 Communicate with client [NO CHARGE] 250.00 0.0 0.00 4.4 2-5.00 15 7 -18 -14 Communicate (multiple) with David Weatherford Re: 250.00 0.2 50.00 Coordination of signature and presentation of Amended Scheduling Order 7 -21 -14 Draft Amended Petition 250.00 2.1 525.00 7 -28 -14 R/R Amended Scheduling Order; update calendar; e -mail 250.00 0.2 50.00 correspondence with David Weatherford Re: Same 7 -28 -14 Receipt, review, and respond to correspondence from client 250.00 0.1 25.00 Re: Amended Scheduling Order and amendments to Petition 7 -29 -14 Receipt and review correspondence from client Re: 250.00 0.4 100.00 Monitoring of Open Records litigation (0.1); TC Patrick Ross Re: Same; general matters (0.3) 7 -29 -14 Correspondence (multiple) with Keith Wilkes (attorney 250.00 0.0 0.00 hired by City of Owasso to represent Councilor Jeri 03 1-23:00 Moberly) [NO CHARGE]; receipt, review, and respond to multiple e -mails from client Re: Same [NO CHARGE] 7 -30 -14 Communicate with client [NO CHARGE] 250.00 0.0 0.00 4.4 25.00 7 -31 -14 Communicate with client 250.00 0.1 25.00 8 -04 -14 Communicate with client 250.00 0.1 25.00 8 -05 -14 Receipt, review, and respond to a -mails from client Re: 250.00 0.2 50.00 Client's request for recommendation on handling inquiries regarding item on agenda for upcoming City Council meeting referencing Amended Petition filed in Open Records litigation 8 -08 -14 R/R Answer to Amended Petition; identify allegations in 250.00 1.2 300.00 Petition that Owasso is denying; analyze factual and legal grounds for newly- asserted counterclaims; conduct related legal research 9 -09 -14 Receipt, review, and respond to a -mails from client Re: 250.00 0.1 25.00 Recent court filings and delivery of copies 16 10 -08 -14 R/R email correspondence from David Weatherford Re: 250.00 0.1 25.00 Responses to prior written discovery requests and need for protective order to cover executive session issues in discovery/depositions. 10 -15 -14 Communicate with client 250.00 0.2 50.00 10 -20 -14 Communicate with client [NO CHARGE] 250.00 0.0 0.00 0_1 30.00 10 -22 -14 Communicate with client [NO CHARGE] 250.00 0.0 0.00 04 25.08 10 -23 -14 Communicate with client Re: Upcoming call with David 250.00 0.2 50.00 Weatherford 10 -23 -14 Correspondence with David Weatherford Re: Follow -up on 250.00 0.1 25.00 issues raised in 10 -08 -14 e -mail and coordination of TC Re: Same 10 -26 -14 Communicate with client 250.00 0.1 25.00 10 -28 -14 Communicate with client [NO CHARGE] 250.00 0.0 0.00 8A• 25.00 11 -05 -14 TC Patrick Ross 250.00 0.3 75.00 11 -07 -14 Communicate with client [NO CHARGE] 250.00 0.0 0.00 0.4 25.00 11 -14 -14 Communicate with client [NO CHARGE] 250.00 0.0 0.00 04 25.00 12 -01 -14 R/R Witness and Exhibit List of Defendant City of Owasso 250.00 0.1 25.00 12 -04 -14 R/R correspondence from opposing counsel Re: Agreed 250.00 0.2 50.00 Protective Order issues, witness and exhibit lists and deposition of Plaintiff 12 -09 -14 Draft correspondence to opposing counsel Re: Conference 250.00 0.1 25.00 to discuss protective order proposals; coordination of same 17 12 -10 -14 TC David Weatherford Re: Request for highlighted version 250.00 0.1 25.00 of previous settlement agreement; draft of Agreed Protective Order 12 -10 -14 TC Patrick Ross Re: Issues regarding Agreed Protective 250.00 0.4 100.00 Order; concerns with draft prepared by defense counsel 12 -10 -14 TC David Weatherford 250.00 0.1 25.00 12 -11 -14 R/R correspondence from Keith Wilkes Re: telephone 250.00 0.1 25.00 conference with David Weatherford regarding proposed protective order issues, deposition scheduling, case scheduling, and conflicts 12 -16 -14 R/R correspondence from opposing counsel Re: Dates 250.00 0.1 25.00 Plaintiff is available to be deposed; request that Ross tender formal, written settlement demand to Weatherford and Wilkes 12 -16 -14 TC Patrick Ross Re: Defendant's request that Ross tender a 250.00 0.4 100.00 formal, written settlement demand; possible terms 12 -16 -14 Prepare for and participate in conference call with Keith 250.00 0.6 150.00 Wilkes and David Weatherford; deposition scheduling 12 -17 -14 TC Patrick Ross Re: Settlement issues; no regularly- 250.00 0.2 50.00 scheduled City Council meeting to be held again until 1 -06- 15 12 -17 -14 Prepare settlement offer and present to opposing counsel 250.00 0.4 100.00 12 -19 -14 TC Patrick Ross Re: Status of settlement negotiations; 250.00 0.4 100.00 issues relating to same 12 -22 -14 Receipt and review audio of 8 -06 and 8 -13 City Council 250.00 0.5 125.00 meetings; note missing portion of 8 -13 meeting and compare with notes Re: Comments (if any) as to Open Records compliance 12 -23 -14 TC David Weatherford 250.00 0.2 50.00 12 -23 -14 TC (2) Patrick Ross 250.00 0.2 50.00 12 -23 -14 Communicate with Keith Wilkes Re: transcript of apology 250.00 0.2 50.00 12 -29 -14 Receipt and review e-mail from client Re: List of specific 250.00 0.3 75.00 information and records that client is requesting be obtained through written, testimonial, and document discovery; prepare notes Re: Initial ideas /strategy regarding same 1 -08 -15 Correspondence with David Weatherford (with 250.00 0.3 75.00 attachments); review revised/amended scheduling order and application regarding same; TC Weatherford Re: Incorporation of requested change to deadline for submitting witness and exhibit lists and presentation to judge 1 -12 -15 TC Patrick Ross Re: Defendant City of Owasso's Discovery 250.00 0.3 75.00 Requests 1 -22 -15 R/RNotice of Hearing; update calendar 250.00 0.1 25.00 1 -22 -15 Receipt, review, and respond to correspondence from client 250.00 0.2 Re: Depositions addressing Open Records dispute 1 -27 -15 Draft Plaintiffs Witness & Exhibit List; review file and 250.00 1.0 correspondence from client in preparing same 1 -29 -15 Draft Plaintiff Patrick Ross' Responses to Defendant City of 250.00 2.9 Owasso's Discovery Requests (0.7); review documents file for purpose of locating records responsive to Interrogatory No. 3 and Request for Production No. 2 and review personal notes provided by client (1.0); research on Westlaw Re: Temporal parameters of attorney /client privilege (0.8); application of work product privilege (0.4); determine that responsive records are privileged and protected from disclosure 1 -29 -15 Finalize discovery responses and deliver to David 250.00 0.3 Weatherford; draft correspondence to Weatherford Re: Same; privilege issues; witness and exhibit list; pretrial conference currently set for 2 -13 -15 50.00 250.00 725.00 75.00 2 -10 -15 TC David Weatherford 250.00 0.1 25.00 2 -10 -15 Communicate with opposing counsel Re: Pre -trial setting 250.00 0.1 25.00 and depositions 19 2 -10 -15 Communicate with David Weatherford Re: Weatherford's 250.00 0.2 50.00 proposed amendments to scheduling order and Wilkes' revisions to same 2 -11 -15 Receipt and review correspondence from client (with 250.00 0.4 100.00 attachments); review and analyze client's notes regarding City of Owasso's counterclaims to Ross' Open Records action 2 -11 -15 R/R City of Owasso's Unopposed Application for Amended 250.00 0.1 25.00 Scheduling Order 2 -12 -15 R/R correspondence from David Weatherford regarding 250.00 0.1 25.00 new scheduling order, cancellation of the 2 -13 -15 pretrial conference, completion of the proposed Agreed Protective Order, and deposition scheduling 2 -14 -15 R/R correspondence from opposing counsel attaching most 250.00 0.5 125.00 recent draft of proposed Agreed Protective Order; review and edit proposed order 2 -19 -15 Receipt, review, and respond to correspondence from 250.00 0.1 25.00 opposing counsel Re: Signature of and/or input regarding proposed protective order 2 -20 -15 R/R correspondence from opposing counsel (with 250.00 0.2 50.00 attachment) Re: Proposed Agreed Protective Order; dispute over particular terms; status 2 -24 -15 R/R correspondence from opposing counsel attaching 250.00 0.1 25.00 Agreed Protective Order; Defendants' execution of same 2 -26 -15 Draft correspondence to opposing counsel Re: Request for 250.00 0.1 25.00 phone conference; concerns with particular terms of Agreed Protective Order; scheduling issues and availability for discovery 3 -02 -15 R/R correspondence from opposing counsel Re: Depositions 250.00 0.1 25.00 and coordination of conference regarding Agreed Protective Order, discovery, and other issues 20 3 -03 -15 R/R correspondence from opposing counsel Re: Availability 250.00 0.1 to conduct a conference to resolve any further questions or concerns regarding the proposed Agreed Protective Order; timing of 3 -04 -15 Communicate with client 250.00 0.1 3 -18 -15 R/R Defendants' Joint Motion for Protective Order 250.00 0.2 3 -20 -15 R/R file- stamped Agreed Protective Order 250.00 0.1 3 -30 -15 Review evidentiary documents and pleadings file in 250.00 1.4 preparation for drafting targeted discovery requests to City of Owasso 3 -30 -15 Draft (begin) Plaintiff's Combined First Set of 250.00 3.0 Interrogatories, Requests for Production, and Requests for Admission to Defendant City of Owasso 3 -31 -15 TC Patrick Ross Re: Client's input regarding written 250.00 0.1 discovery requests to be served on Owasso 3 -31 -15 Draft (completed) 34 -pp. Plaint's Combined First Set of 250.00 3.5 Interrogatories, Requests for Production, and Requests for Admission to Defendant City of Owasso; proof, revise, and finalize for service 3 -31 -15 Correspondence to David Weatherford Re: Transmittal of 250.00 0.3 Plaintiff's Combined First Set of Interrogatories, Requests for Production, and Requests for Admission to Defendant City of Owasso; communicate with David Weatherford Re: Expedited responses and request for Word version 4 -04 -15 TC David Weatherford 250.00 0.1 4 -04 -15 Draft (begin) Plaintiffs Motion to Mods "Agreed" 250.00 Protective Order because the current order improperly (a) grants Defendants the ability to unilaterally decide whether something is relevant, and (b) shifts the burden and expense of proving relevance onto the requesting party; research on Westlaw Re: Cases holding that the resisting or responding parry bears the burden of showing lack of relevance; locate, review, and KeyCite YWCA v. Melson, 994 P.2d 304 (Okla. 1997) 21 1.1 25.00 25.00 50.00 25.00 350.00 I111AIC 25.00 800.00 75.00 25.00 275.00 4 -07 -15 TC Patrick Ross 250.00 0.4 100.00 4 -17 -15 Receipt, review, and respond to correspondence from 250.00 0.1 25.00 opposing counsel Re: Discovery; outstanding issues 4 -30 -15 TC David Weatherford 275.00 0.1 27.50 5 -01 -15 E -mail from David Weatherford 275.00 0.1 27.50 6 -01 -15 Review proposed Amended Scheduling Order and request to 275.00 0.1 27.50 strike pretrial 6 -01 -15 TC David Weatherford Re: New proposed deadlines and 275.00 0.2 55.00 related scheduling issues 6 -01 -15 R/R Unopposed Application for Amended Scheduling Order 275.00 0.0 0.00 [NO CHARGE] 04 27.50 6 -08 -15 R/R Second Amended Scheduling Order as entered; update 275.00 0.1 27.50 calendar 6 -10 -15 R/R correspondence from David Weatherford; review 275.00 0.6 165.00 attached City of Owasso's Answer to Interrogatories and City of Owasso's Response to Requests for Admissions 6 -15 -15 R/R correspondence from opposing counsel Re: Preliminary 275.00 0.1 27.50 witness & exhibit lists and incorporation by reference to most previous lists 7 -10 -15 TC (2) David Weatherford 275.00 0.2 55.00 7 -13 -15 Communicate with client 275.00 0.1 27.50 7 -16 -15 R/R Witness and Exhibit List of Defendant City of Owasso 275.00 0.1 27.50 7 -22 -15 TC (2) Patrick Ross Re: Discovery 275.00 0.7 192.50 7 -24 -15 TC Patrick Ross Re: Follow -up to 7 -22 -15 call addressing 275.00 0.4 110.00 discovery 22 7 -28 -15 Meeting with David Weatherford Re: Document production 275.00 1.2 and request for ESI; scheduling issues; coordination of mediation and agreement to use John Rothman; depositions to be taken; forthcoming request for supplementation of Owasso's discovery responses 7 -29 -15 Receipt and review City of Owasso's Response to Requests 275.00 1.5 for Documents and accompanying 72 -pp. document production 7 -29 -15 E -mail correspondence (multiple) with client Re: Owasso's 275.00 0.2 discovery responses, issues spotted by client, and suggested follow -up questions when deposing Owasso's 12 O.S. § 3230(C)(5) designee 8 -04 -15 TC David Weatherford 275.00 0.1 8 -12 -15 TC Patrick Ross Re: Deposition scheduling and dates of 275.00 0.2 unavailability due to upcoming surgery 8 -13 -15 TC David Weatherford 8 -14 -15 TC Patrick Ross 275.00 0.2 275.00 0.2 8 -17 -15 Meeting with Patrick Ross Re: Document review; possible 275.00 0.5 supplemental production by Ross 8 -18 -15 TC Patrick Ross Re: Identification of potentially responsive 275.00 0.2 records lost in hard drive crash; possible availability elsewhere; documents that Wichmann and Alexander have located and will be delivering 8 -24 -15 TC from David Weatherford Re: Mediation to be scheduled 275.00 0.2 with Michael Gassett 8 -30 -15 TC Patrick Ross Re: Status of location/identification of 275.00 0.5 additional records responsive to Defendant's document requests; receipt and review multiple a -mails attaching responsive documents; analyze, organize, and mark same for production 23 330.00 412.50 55.00 27.50 55.00 55.00 55.00 137.50 amlIt 55.00 137.50 8 -31 -15 Correspondence with client Re: Client's review of 275.00 0.2 55.00 document production (in final format); client's approval and authorization to produce same to opposing counsel; mediation 8 -31 -15 Receipt from client and review partial transcript of audio 275.00 0.2 55.00 recording of Sept. 2013 City Council meeting 9 -01 -15 E -mail correspondence to Wilkes and Weatherford Re: 275.00 0.0 0.00 Transmittal of Ross' document production [NO CHARGE] 404 27.50 9 -01 -15 Receipt, review, and respond to correspondence from 275.00 0.2 55.00 Shannon with Mediators of Oklahoma Re: Confirmation and details of mediation scheduled for 9- 30 -15; TC client Re: Same 9 -14 -15 TC Patrick Ross Re: Mediation 275.00 0.3 82.50 9 -17 -15 R/R Notice of Hearing (resetting pre -trial conference) 275.00 0.1 27.50 9 -23 -15 Receipt, review, and respond to correspondence from client 275.00 0.2 55.00 Re: Status of preparation of mediation statement; opening demand and acceptable parameters 9 -28 -15 TC Patrick Ross Re: Discuss possible terms of opening 275.00 0.2 55.00 offer; client's authorization to prepare demand on his behalf based on experience, expertise, and best judgment 9 -28 -15 Draft Mediation Statement; proof, revise, and finalize; 275.00 2.5 687.50 prepare attachments 9 -28 -15 TC Patrick Ross Re: Review of mediation statement and 275.00 0.1 27.50 approval to send 9 -28 -15 Draft correspondence to mediator Michael Gassett (with 275.00 0.2 55.00 attachments) Re: Upcoming mediation 9 -30 -15 Prepare for mediation; attend and participate in mediation 275.00 6.0 1,650.00 10 -04 -15 Communicate with client Re: Status of preparation of 275.00 0.1 27.50 formal settlement documents 10 -05 -15 R/R Partial Dismissal with Prejudice and Stipulation; 275.00 0.4 110.00 review mediation documents 24 10 -06 -15 Communicate with client Re: Partial Dismissal with 275.00 0.5 137.50 Prejudice and Stipulation (0.3); issues with City Council (0.2) 10 -06 -15 Revise Partial Dismissal with Prejudice and Stipulation; e- 275.00 0.1 27.50 mail revised draft to David Weatherford for review 10 -07 -15 Communicate with client Re: Client's approval of revisions 275.00 0.2 55.00 to Partial Dismissal with Prejudice and Stipulation 10 -08 -15 Communicate with Keith Wilkes Re: Settlement agreement 275.00 0.0 0.00 and dismissal with prejudice of claims against Moberly [NO 04 82.59 CHARGE] 10 -21 -15 Communicate with client Re: Client's questions regarding 275.00 0.2 55.00 strategy going forward 10 -22 -15 Communicate with client, J.B. Alexander, and Chuck 275.00 0.2 55.00 Wichmann Re: Open records request to City of Owasso for Newton O'Connor's billing in this case; review billing abstract 10 -30 -15 Receipt and review correspondence from client Re: 275.00 0.4 110.00 Depositions; case expenses, Fortney Report, and recovery of attorney fees (0.2); TC Patrick Ross Re: Same (0.2) 11 -09 -15 TC David Weatherford 275.00 0.2 55.00 11 -09 -15 Draft correspondence to client Re: Depositions and certain 275.00 0.2 55.00 testimony needed pertaining to Open Records violation; payment of mediation fee 11 -16 -15 R/R file- stamped copy of Scheduling Order; update 275.00 0.1 27.50 calendar 11 -17 -15 Receipt, review, and respond to correspondence from client 275.00 0.2 55.00 Re: Miscellaneous questions about pending Open Records claim 11 -18 -15 TC Patrick Ross 275.00 0.5 137.50 11 -20 -15 Receipt, review, and respond to correspondence from client 275.00 0.1 27.50 11 -25 -15 Communicate with client 275.00 0.1 27.50 25 DATE DESCRIPTION IRATE HOURS : CHARGE 12 -07 -15 Receipt, review, and respond to correspondence from client 275.00 0.1 27.50 1 -18 -16 R/R Witness and Exhibit List of Defendant City of Owasso 275.00 0.1 27.50 2 -09 -16 TC with David Weatherford 275.00 0.2 55.00 2 -10 -16 TC with David Weatherford 275.00 0.2 55.00 2 -22 -16 R/R City of Owasso's Motion for Summary Judgment and 275.00 1.0 275.00 Brief in Support Thereof, analyze; pull and read legal authorities cited by Owasso; draft preliminary notes Re: Responsive arguments 2 -25 -16 TC with David Weatherford 275.00 0.2 55.00 2 -26 -16 Meeting with David Weatherford 275.00 1.0 275.00 2 -26 -16 Draft notes memorializing key points raised and/or alluded 275.00 0.7 192.50 to during meeting with Weatherford and summarizing the various arguments that Owasso will be making to support its position that it did not violate the Open Records Act 3 -04 -16 Draft Plaints Unopposed Application to Enlarge 275.00 0.9 247.50 Deadline for Responding to Defendant's Motion for Summary Judgment and Discovery Deadline and accompanying proposed order granting same 3 -18 -16 TC with David Weatherford 275.00 0.2 55.00 3 -22 -16 TC with David Weatherford 275.00 0.2 55.00 4 -07 -16 TC Judge Fitzgerald's chambers Re: Agreed enlargement of 275.00 0.1 27.50 deadline for responding to City of Owasso's Motion for Summary Judgment 4 -15 -16 TC with David Weatherford 275.00 0.2 55.00 PR 4 -23 -16 Prepare (begin) for deposition of Julie Lombardi; identify 275.00 6.0 1,650.00 and assemble documents that will be introduced as exhibits or otherwise referred to during deposition; review pleadings, Am.Jur. POF article, and list of key legal points regarding application of Open Records Act; identify and prepare list of evidentiary points that Plaintiff must establish through the testimony of Owasso's 12 O.S. § 3230(C)(5) designee; draft (begin) questions and work on examination strategy; review portions of pleadings and motions filed by Lombardi in other cases in which Lombardi, on behalf of Owasso, acknowledged certain points that can be used to support Ross' arguments here 4 -24 -16 Prepare (continue) for deposition of Julie Lombardi 275.00 4.5 1,237.50 (portions with client); draft (completed) examination questions; finalize deposition exhibits 4 -25 -16 Prepare (completed) for deposition of Julie Lombardi; 275.00 0.5 137.50 briefly review notes, questions, and exhibits 4 -25 -16 Appear at Owasso City Hall; depose City Attorney Julie 275.00 3.5 962.50 Lombardi (as Owasso's 12 O.S. § 3230(C)(5) designee) 5 -13 -16 Receipt, review, and respond to correspondence from client 275.00 0.1 27.50 Re: Question regarding Lombardi deposition and transcript 5 -16 -16 Prepare bookmarked copy of PDF Lombardi deposition 275.00 0.4 110.00 exhibits for delivery to Rachael Roper, CSR; draft correspondence to Roper Re: Transmittal of same; unused exhibits 5 -16 -16 Draft Plaintiff's Unopposed Application to Enlarge 275.00 0.4 110.00 Deadline for Responding to Defendant's Motion for Summary Judgment and accompanying proposed order granting same 5 -20 -16 Receipt, review, and respond to correspondence from Court 275.00 0.2 55.00 Reporter Rachael Roper Re: Completion of Lombardi deposition transcript and related issues 5 -21 -16 Receipt, review, analyze, and annotate transcript of 275.00 3.5 962.50 deposition of Julie Lombardi /Owasso 3230(C)(5) designee 27 DATE iDESCRIPTION 'RATE HOURS > CHARGE i 5 -23 -16 R/R Order signed by Judge Fitzgerald granting enlargement 275.00 0.0 0.00 of briefing deadline [NO CHARGE] 04 250 5 -25 -16 Draft Affidavit of Patrick Ross (0.6); review client notes 275.00 1.1 regarding factual details (0.5) 5 -25 -16 Draft (begin) Plaintiff Patrick Ross' Response in Opposition 275.00 2.0 to Defendant City of Owasso's Motion for Summary Judgment; conduct related legal research on Westlaw 5 -25 -16 Research (offline); read and analyze Springfield, OPEA, 275.00 1.4 Chasnoff, Guyer, Fincher, Denver Post, and Prac. Guide to Emp. L. § 8.4.3 (regarding personnel file exception under Open Records Act, application of same, and matters not falling within exception) 5 -26 -16 Draft (continue) Plaintiff Patrick Ross' Response in 275.00 3.2 Opposition to Defendant City of Owasso's Motion for Summary Judgment; conduct related legal research on Westlaw 5 -27 -16 Draft Plaintiff's Unopposed Application to File Brief in 275.00 1.0 Response to Defendant's Motion for Summary Judgment and Exhibits Thereto Under Seal (0.6); research in Oklahoma Statutes Re: Standards for sealing court filings and compliance requirements; review 51 O.S. § 24A.29 (0.4) 5 -27 -16 Draft (continue) Plaintiff Patrick Ross' Response in 275.00 5.5 Opposition to Defendant City of Owasso's Motion for Summary Judgment, conduct related legal research on Westlaw 5 -27 -16 Prepare Acknowledgment of Parties Filing Confidential 275.00 0.3 Material in District Court Case 5 -28 -16 Draft (continue) Plaintiff Patrick Ross' Response in 275.00 6.0 Opposition to Defendant City of Owasso's Motion for Summary Judgment; conduct related legal research on Westlaw ff:1 302.50 550.00 t: 11 s:l 11 275.00 1,512.50 82.50 1,650.00 5 -29 -16 Draft (continue) Plaintiff Patrick Ross' Response in 275.00 3.7 1,017.50 Opposition to Defendant City of Owasso's Motion for Summary Judgment; conduct related legal research on Westlaw 5 -31 -16 Draft Amended Certificate of Delivery 275.00 0.2 55.00 5 -31 -16 Draft (continue) Plaintiff Patrick Ross' Response in 275.00 5.0 1,375.00 Opposition to Defendant City of Owasso's Motion for Summary Judgment; conduct related legal research on Westlaw 6 -01 -16 Draft (completed) Plaintiff Patrick Ross' Response in 275.00 5.8 11595.00 Opposition to Defendant City of Owasso's Motion for Summary Judgment; proof and revise; prepare Exhibits A, 1, 2, 4, 6, 10, 18 -20, 22 -25 & 29 -34 for submission with brief 6 -10 -16 Communicate with Steve Lerman Re: Scanning of briefs 275.00 0.1 27.50 and exhibits 6 -10 -16 Communicate with client Re: Filing and delivery ofPlaintiff 275.00 0.3 82.50 Patrick Ross' Response in Opposition to Defendant City of Owasso's Motion for Summary Judgment; client's review 6 -15 -16 Receipt, review, and respond to correspondence from client 275.00 0.1 27.50 Re: Deposition; payment of costs 6 -16 -16 Receipt and review minute order granting Defendant City of 275.00 0.1 27.50 Owasso's Motion for Summary Judgment 6 -22 -16 TC David Weatherford Re: Order granting Defendant City 275.00 0.2 55.00 of Owasso's Motion for Summary Judgment; preparation of journal entry 6 -24 -16 Receipt and review correspondence from David 275.00 0.1 27.50 Weatherford (with attachment) Re: Proposed Journal Entry of Judgment 29 6 -29 -16 Revise Journal Entry of Judgment Re: Clarification that 275.00 0.4 Open Records Act claim was summarily adjudicated (as distinguished from counterclaims previously dismissed and claims still pending); review 12 O.S. § 994(A) and draft language based on same for incorporation into Journal Entry (so as to permit immediate appeal despite pending claims against Reiss); draft e -mail correspondence to David Weatherford Re: Same 7 -07 -16 Receipt and review correspondence from David 275.00 0.2 Weatherford (with attachment) Re: Weatherford's review of revisions to proposed Journal Entry of Judgment; objection to language regarding attorney fees and proposed alternate version 7 -07 -16 TC David Weatherford Re: Finalization of Journal Entry 275.00 0.1 7 -07 -16 E -mail to David Weatherford Re: Transmittal of revisions to 275.00 0.1 proposed Journal Entry of Judgment; receive e-mail from Weatherford (with attachment) Re: Approval and signature of Journal Entry 7 -10 -16 Analyze possible grounds for Court's ruling June 15`" order; 275.00 0.8 review previously- accessed and annotated legal authorities; draft notes preliminarily identifying issues that should be raised on appeal 110.00 55.00 27.50 27.50 220.00 7 -11 -16 Prepare Record on Accelerated Appeal, Vol. 1 (Item Nos. 1- 275.00 4.0 1,100.00 5 & 7 -16), Vol 2 (Item Nos. 17 & 19 -25), and Vol. 3 (Item Nos. 6 & 18) (to be filed under seal); draft Index to Contents of Record (and variants of same unique to each volume) and Court Clerk's Certificate of Record (proposed) 7 -11 -16 Meet with Tulsa County Deputy District Court Clerk Dimita 275.00 0.6 165.00 Farmer Re: Delivery and certification of 664 -page Record on Accelerated Appeal 7 -12 -16 TC from JoAnne (Tulsa County Court Clerk) Re: Deputy 275.00 0.1 27.50 Court Clerk needs order from Judge Fitzgerald to access sealed record 7 -12 -16 Draft proposed Agreed Order Authorizing Court Clerk to 275.00 0.2 55.00 Access Sealed Filing for Purpose of Certifying Record on Accelerated Appeal Pursuant to Okla. Sup. C. R. 1.36 30 7 -14 -16 Draft correspondence to David Weatherford (with 275.00 0.1 attachment) Re: Request that Weatherford review and execute Agreed Order Authorizing Court Clerk to Access Sealed Filing for Purpose of Certifying Record on Accelerated Appeal Pursuant to Okla. Sup. C. R. 1.36 7 -15 -16 Receipt and review correspondence from Weatherford with 275.00 0.1 accompanying signature page; prepare Agreed Order for presentation to Judge 7 -18 -16 Draft Plaintiffs Unopposed Application to Permit Court 275.00 0.7 Clerk to Access Sealed Filing for Purpose of Certifying Record on Accelerated Appeal Pursuant to Okla.Sup.Ct.R. 1.36 and accompanying agreed order (proposed) 7 -28 -16 Draft (begin) Petition in Error, Exhibit `B" (Summary of 275.00 2.0 the Case), and Exhibit "C" (Issues Raised on Appeal) 7 -29 -16 Draft (completed) Petition in Error, Exhibit `B" (Summary 275.00 2.8 of the Case), and Exhibit "C" (Issues Raised on Appeal); revise /condense Exhibit `B" until same meets page limitation imposed by Rule 1.36; proofread, revise, and finalize all for filing 7 -29 -16 Draft Entry of Appearance 27.50 27.50 192.50 550.00 770.00 275.00 0.1 27.50 8 -02 -16 Draft correspondence to client Re: Transmittal of Petition in 275.00 0.3 Error filed on 7- 29 -16; explanation of certain aspects of same; mail CD -ROM containing Record on Accelerated Appeal Vols. 1 -3 to client 8 -16 -16 R/R Response to Petition in Error 275.00 0.2 12 -13 -16 Receipt, review, and analyze Oklahoma Court of Civil 275.00 1.2 Appeals' Opinion issued on 12- 12 -16; prepare notes regarding initial impressions and possible strategies moving forward 12 -13 -16 Draft correspondence to client Re: Opinion issued by 275.00 0.5 Oklahoma Court of Civil Appeals' Opinion issued on 12- 12-16; next steps for client and for City Council (0.3); TC Patrick Ross Re: Appellate ruling (0.2) 31 82.50 55.00 330.00 137.50 DATE DESCRIPTION RATE HouRs CHARGE 12 -14 -16 Meet with client Re: Detailed review of Opinion issued by 275.00 1.5 412.50 Oklahoma Court of Civil Appeals on 12- 12 -16; discuss my analysis of the decision; plan next steps 12 -16 -16 Communicate with client Re: Client's belief that Fortney 275.00 0.5 137.50 Report does not fall within any of the seven categories of personnel records enumerated in 51 O.S. § 24A.7(A) that are exempt from disclosure; client's recollection that disciplinary action was never discussed or taken by the City Council, and that Ray's resignation was "voluntary" with no connection whatsoever to any form of disciplinary action 12 -21 -16 Receipt, review, and respond to correspondence from client 275.00 0.2 27.50 Re: Client's written request for an update regarding his July 2013 Open Records request and delivery of same to Deputy City Clerk Juliann Stevens 12 -21 -16 Receipt and review copy of correspondence from City of 275.00 0.3 82.50 Owasso to Patrick Ross responding to client's prior request for an update regarding his July 2013 Open Records request and informing client that during their 12 -21 -16 meeting, the City Council approved Resolution No. 2016 -26 which, according to Deputy City Clerk Juliann Stevens, found "that the investigative report concerning former City Manager Rodney Ray should be kept confidential as a personnel record" (0.1); communicate with client Re: Same (0.2) 12 -23 -16 Communicate with client Re: Recording of City Council 275.00 0.5 137.50 meeting regarding Fortney Report and possible need to transcribe same; client notes that nothing David Weatherford said is open session establishes or supports City Council's proclamation that sealing the Fortney Report was justified under the Open Records Act 12 -27 -16 Communicate with client Re: Client's concerns that 275.00 0.3 82.50 Resolution 2016 -26 (which purports to designate the Fortney Report as "confidential ") was neither published with the City Council's agenda nor made available on the City of Owasso's website; decision to request a copy of the resolution immediately via Open Records request 12 -28 -16 Receipt, review, and respond to correspondence from client 275.00 0.1 27.50 Re: Confirmation that client's request for copy of Resolution 2016 -26 has been delivered to Julie Stevens 32 DATE :DESCRIPTION RATE HOURS iCHARGE 12 -29 -16 Receipt, review, and respond to correspondence from client 275.00 0.3 82.50 Re: Concerns with resolution votes on by Owasso City Council to designate Fortney Report as "confidential "; misstatements of fact (including false assertion by City Council that COCA found Fortney Report to be a confidential personnel record) 1 -02 -17 Communicate with client Re: Request for update regarding 275.00 0.2 55.00 review and analysis of Resolution 2016 -26 1 -05 -17 Receipt and review correspondence from client Re: 275.00 1.0 275.00 Transmittal of Resolution 2016 -26; review and analyze Resolution; identify defects /ways in which Owasso failed to comply with appellate court's ruling and directive (0.6); communicate with client Re: Same (0.4) 1 -26 -17 TC Donald Slaughter Re: Issuance of mandate on 1 -12 -17 275.00 0.3 82.50 and publication of decision as 2017 OK CIV APP 4 2 -08 -17 R/R and analyze City of Owasso's Motion to Enter 275.00 0.3 82.50 Judgment Pursuant to Mandate of Appellate Courts; draft notes Re: Fallacy of Owasso's arguments 2 -08 -17 TC Patrick Ross 275.00 0.5 137.50 2 -10 -17 Draft Ross' Combined Response in Opposition to Defendant 275.00 2.9 797.50 City of Owasso's Motion to Enter Judgment and Motion for Scheduling Order (2.3); conduct related legal research (0.6) 2 -11 -17 Communicate with client [NO CHARGE] 275.00 0.0 0.00 04 27.50 2 -12 -17 Communicate with client 275.00 0.4 110.00 2 -14 -17 Draft correspondence to client Re: Owasso's Motion to 275.00 0.1 27.50 Enter Judgment filed on 2 -06 -17 and Ross' Motion for Scheduling Order field 2- 10 -17; receipt, review, and reply to e-mail from client responding to same 2 -20 -17 RJR City of Owasso's Response to Plaintiff's Motion for 275.00 0.1 27.50 Scheduling Conference 33 DATE DESCRIPTION :RATE HOURS CHARGE 2 -23 -17 Communicate with client Re: Scheduling conference; 275.00 0.3 82.50 client's question regarding timing requirements (if any) applicable to Judge Fitzgerald's ruling on pending motions 3 -02 -17 Communicate with client Re: Status of Owasso's pending 275.00 0.2 55.00 Motion to Enter Judgment and client's pending Motion for Scheduling Order 3 -17 -17 Communicate with client Re: Request for update and status 275.00 0.4 of pending filings; client to prepare partial transcript of 12- 20-16 City Council meeting regarding resolution to maintain confidentiality of Fortney Report 3 -28 -17 Receipt (from Judge Fitzgerald) and review Scheduling 275.00 0.1 Conference Docket; update calendar 110.00 27.50 3 -29 -17 Communicate with client Re: Client's transcription of 275.00 0.7 192.50 pertinent portion of 12 -20 -16 meeting of Owasso City Council regarding the resolution intended to designate the Fortney Report as confidential; discuss key points 5 -01 -17 TC Patrick Ross 275.00 0.4 110.00 5 -11 -17 Prepare for and attend status conference 275.00 1.2 330.00 5 -15 -17 R/R Scheduling Order•, update calendar 275.00 0.1 27.50 6 -02 -17 Communicate with client Re: Possibility of deposition 275.00 0.2 55.00 7 -10 -17 Communicate with client Re: Follow -up regarding 275.00 0.1 27.50 possibility of deposition 7 -13 -17 Prepare final witness and exhibit list 275.00 0.4 110.00 7 -17 -17 Receipt and review Witness and Exhibit List of Defendant 275.00 0.1 27.50 City of Owasso 7 -18 -17 Communicate with client Re: Availability for depositions 275.00 0.1 27.50 7 -27 -17 Receipt, review, and respond to correspondence from client 275.00 0.1 27.50 Re: General 7 -28 -17 Draft Application to Enlarge Scheduling Order; prepare 275.00 0.5 137.50 Application and attachment for filing 34 7 -31 -17 Receipt and review correspondence from David 275.00 0.2 55.00 Weatherford (with attachment); review and approve proposed Agreed Amended Scheduling Order prepared by Weatherford 8 -10 -17 Communicate with client Re: Scheduling meeting 275.00 0.1 27.50 8 -21 -17 Receipt and review correspondence from David 275.00 0.1 27.50 Weatherford (with attachment) Re: Court's execution of Agreed Amended Scheduling Order 8 -24 -17 Receipt and review correspondence from David 275.00 0.2 55.00 Weatherford (with attachment) Re: Agreed Amended Scheduling Order filed on August 21, 2017 (corrected to include previously- omitted pretrial date); calendar new dates 8 -30 -17 Communicate with client Re: General update 275.00 0.2 55.00 10 -08 -17 Draft Notice of Deposition and Subpoena to Appear to City 275.00 1.0 275.00 of Owasso and accompanying list of topics about which Owasso's 12 O.S. § 3230(C)(5) designee(s) will be asked to testify; review pertinent portions of file in conjunction with preparing list of topics; review COCA ruling and previously- accessed Oklahoma cases regarding abuse of discretion; review Resolution 2016 -26's precise language and rationale 10 -12 -17 TC (2) from David Weatherford 275.00 0.2 55.00 10 -16 -17 Communicate with David Weatherford Re: Coordination of 275.00 0.2 55.00 date and location of deposition of Owasso's 12 O.S. § 3230(C)(5) designee; indication by Weatherford that Owasso anticipates designating City Clerk Sherry Bishop to testify 10 -17 -17 Communicate with client Re: Upcoming deposition of 275.00 0.4 110.00 Owasso 12 O.S. § 3230(C)(5) designee on 10- 25 -17; likelihood that Julie Lombardi will again testify on behalf of Owasso; discuss other possible designees 10 -24 -17 Communicate with client Re: Status of deposition of 275.00 0.2 55.00 Owasso 12 O.S. § 3230(C)(5) designee 35 DATE DESCRIPTION RATE HOURS ':CHARGE 10 -24 -17 Receipt and review correspondence from David 275.00 0.2 55.00 Weatherford Re: Deposition of Owasso's 12 O.S. § 3230(C)(5) designee; TC David Weatherford Re: Same; scheduling issue 10 -30 -17 Communicate with David Weatherford Re: Coordinate 275.00 0.2 55.00 rescheduling of deposition of Owasso's 12 O.S. § 3230(C)(5) designee 10 -31 -17 Receipt, review, and respond to e-mail from client Re: Copy 275.00 0.1 27.50 of deposition subpoena sent to client inadvertently omitted attachment "A -1" (the one -page resolution the Owasso City Council approved to designate the Fortney Report as "confidential ") 10 -31 -17 Communicate with client Re: Deposition of Owasso 12 O.S. 275.00 0.9 247.50 § 3230(C)(5) designee rescheduled to 11- 02 -17; discuss Owasso's designation of Sherry Bishop rather than Julie Lombardi; discuss client's initial thoughts regarding Bishop designation; possible strategies 11 -01 -17 Meet with client Re: Joint preparation for deposition of 275.00 2.2 605.00 Sherry Bishop; work on factual issues 11 -01 -17 Prepare (continue) for deposition of Sherry Bishop 275.00 1.3 357.50 11 -02 -17 Prepare (completed) for deposition of Owasso 12 O.S. § 275.00 5.5 1,512.50 3230(C)(5) designee Sherry Bishop 11 -02 -17 Depose Sherry Bishop 275.00 3.8 1,045.00 11 -02 -17 Communicate with client Re: Possible avenues for 275.00 0.7 192.50 obtaining copy of Fortney Report; Bishop's testimony regarding criminal violations 11 -07 -17 Communicate with client Re: Follow up regarding getting 275.00 0.3 82.50 access to Fortney Report 11 -13 -17 Communication with client Re: Next steps, etc. 275.00 0.2 55.00 11 -15 -17 Communication with client Re: Status 275.00 0.1 27.50 11 -17 -17 Communication with client Re: Follow -up regarding Bishop 275.00 0.2 55.00 deposition DATE DESCRIPTION RATE HouRs !CHARGE 11 -17 -17 Receipt and review correspondence from Jennifer 275.00 0.2 55.00 Golemboski; transcript of Bishop deposition; access to exhibits 11 -21 -17 Communicate with client Re: Status of preparation of 275.00 0.5 Bishop transcript; portions of Fortney Report narrative that have been leaked and are available for review; client's own review and authentication of Fortney Report narrative; possible discrepancy between client's contemporaneous notes and leaked narrative's omission of any reference to Lombardi's verification of file deletion; client's other related observations 11 -27 -17 Receipt, review, and analyze 20 -pp. narrative portion of 275.00 2.8 Guy Fortney's Report of Investigation dated 6- 21 -13; identify missing exhibits; draft notes regarding findings pertaining to City Manager Rodney Ray's criminal conduct (including "Additional Information for the Council's Consideration "), as same pertain to whether City Council properly exercised its discretion in denying Plaintiff's Open Records request; review criminal statutes that the City Council was informed Ray likely violated (21 O.S. §§ 461, 462, 531, 1953 & 1958); review two -page typewritten complaint provided with Fortney Report, along with partial transcript of deposition regarding same taken in May 2015 11 -27 -17 Communicate with client Re: Client to pay Bailey 275.00 0.6 Reporting invoice (for Bishop deposition) being forwarded to him; address client's questions regarding review of available portions of Fortney Report narrative 11 -27 -17 Receipt, review, analyze, and annotate transcript of Sherry Bishop deposition taken on 11- 02 -17; review testimony responding to hypothetical questions about Fortney Report alongside actual findings of Report of Investigation; prepare notes regarding key testimony and implications of same in context of Owasso's violation of the Open Records Act 37 275.00 3.7 137.50 770.00 165.00 1,017.50 11 -27 -17 Communication with client Re: Bishop testimony regarding 275.00 0.8 220.00 criminal violations (94:2 -18) when read alongside client's testimony regarding Fortney Report's findings that criminal statutes were implicated by Ray's conduct; propose filing motion for summary judgment on issue of abuse of discretion; discuss procedural and substantive issues relating to same 11 -28 -17 Draft correspondence to client (with attachment) Re: 275.00 0.1 27.50 Transmittal of transcript of Sherry Bishop deposition 11 -30 -17 Receipt and review correspondence from client Re: 275.00 0.1 27.50 Confirmation of payment to Bailey Reporting for transcription of Sherry Bishop deposition 11 -30 -17 TC to David Weatherford 275.00 0.2 55.00 12 -01 -17 Miscellaneous: Prepare /work on abuse of discretion 275.00 2.5 687.50 arguments and identification/organization of evidentiary and legal support; prepare rough draft of facts and controlling authorities for use in seeking summary relief from Court 12 -01 -17 Communicate with client Re: Continuance of pretrial 275.00 0.6 165.00 conference; use of additional time; "abuse of discretion" issue 12 -04 -17 TC Judge Fitzgerald's chambers Re: Agreed continuance of 275.00 0.1 27.50 pretrial conference 12 -07 -17 Communicate with client Re: Fox 23 obtaining narrative 275.00 0.5 137.50 portion of Fortney Report; missing attachments; specific content of narrative that can be used to seek judgment on issue of Owasso's "abuse of process" under Open Records Act 12 -13 -17 Communicate with client Re: Owasso's initiation of special 275.00 0.3 82.50 investigation into Mike Denton and his leak/release to press, law enforcement, and OTA of narrative portion of Fortney Report 1 -10 -18 Draft correspondence to Janna Clark Re: Open Records 275.00 0.0 0.00 violation, underlying facts, and related issues [NO 43 41230 CHARGE] 6.1 DATE DESCRIPTION RATE HOURS CHARGE 1 -22 -18 TC David Weatherford 275.00 0.2 55.00 1 -23 -18 Research Re: Failure /inability of 12 O.S. § 3230(C)(5) 275.00 1.8 495.00 designee to testify regarding topics enumerated in notice; ability (if any) of noticed entity to later change testimony and/or differentiate the entity's knowledge from the designee's knowledge or lack thereof (as same relates to holes in Bishop testimony); available relief 1 -29 -18 Meet with Janna Clark Re: Fortney Report; confirmation 275.00 1.2 330.00 that attachments /exhibits referenced therein were not 4-.3 33750 provided to Fox 23; obtain additional information from Clark pertinent to pending Open Records issue (1.2); discuss Tim Harris and grand jury issues (1.3) [NO CHARGE -1.3] 1 -30 -18 TC Judge Fitzgerald's chambers Re: Agreed continuance of 275.00 0.1 27.50 pretrial conference 3 -09 -18 Communicate with client Re: Case status; miscellaneous 275.00 0.2 55.00 3 -23 -18 Communicate with client Re: Scheduling error regarding 275.00 0.4 110.00 pretrial conference; will correct 3- 26 -18; miscellaneous substantive issues 3 -27 -18 Communicate with client Re: Rectification of issue 275.00 0.3 82.50 regarding mix -up over scheduling of pretrial conference; next steps 4 -22 -18 Draft (begin) Plaintiffs Supplemental Brief and Motion for 275.00 6.0 1,650.00 Judgment against Defendant City of Owasso for Its Violation of the Open Records Act; conduct related legal research 4 -23 -18 Draft (continue) Supplemental Brief and Motion for 275.00 4.5 1,237.50 Judgment against Defendant City of Owasso for Its Violation of the Open Records Act; conduct related legal research 4 -23 -18 Draft Unopposed Application for One -Day Enlargement of 275.00 0.4 110.00 Parties' Supplemental Briefing Deadline and accompanying proposed order; revise and make corrections; file 39 DATE .DESCRIPTION RATE HOURS CHARGE +: 4 -23 -18 Draft correspondence (with attachment) to David 275.00 0.1 27.50 Weatherford Re: Transmittal of Unopposed Application for One -Day Enlargement of Parties' Supplemental Briefing Deadline to be filed on behalf of Ross; resend with correct attachment 4 -24 -18 Draft (continue) Supplemental Brief and Motion for 275.00 6.0 1,650.00 Judgment against Defendant City of Owasso for Its Violation of the Open Records Act; conduct related legal research 4 -24 -18 Draft Application to File Certain Exhibits Supporting 275.00 0.4 110.00 Supplemental Brief Under Seal and accompanying proposed order 4 -25 -18 Receipt, review, and analyze City of Owasso's 275.00 1.2 330.00 Supplemental Brief in Support of Motion to Enter Judgment Pursuant to Mandate of Appellate Courts; pull, read, KeyCite, and distinguish authorities cited by Owasso; prepare notes regarding findings of research 4 -25 -18 Draft (continue) Supplemental Brief and Motion for 275.00 6.5 1,787.50 Judgment against Defendant City of Owasso for Its Violation of the Open Records Act; conduct related legal research 4 -26 -18 TC Patrick Ross Re: Information pertaining to facts being 275.00 0.3 82.50 addressed in Motion for Judgment 4 -26 -18 Prepare Acknowledgement of Parties Filing Confidential 275.00 0.2 55.00 Materials 4 -26 -18 Draft (continue) Supplemental Brief and Motion for 275.00 6.5 1,787.50 Judgment against Defendant City of Owasso for Its Violation of the Open Records Act; conduct related legal research 4 -27 -18 Communicate with J.B. Alexander Re: Issues relating to 275.00 0.5 137.50 leaked contents of Fortney Report (as pertinent to anticipated challenge to mootness argument) ,M DATE DESCRIPTION 'RATE $OURS -. CHARGE 4 -27 -18 Draft (completed) Plaintiffs 30 -pp. Supplemental Brief and 275.00 6.4 1,760.00 Motion for Judgment against Defendant City of Owasso for Its Violation of the Open Records Act; proof and revise; prepare all exhibits for attachment to brief, finalize all for filing 4 -27 -18 Communicate (2) with client Re: Confirmed filing of 275.00 0.7 Supplemental Brief and Motion for Judgment against Defendant City of Owasso for Its Violation of the Open Records Act; discussed arguments, evidence cited, likelihood of favorable ruling, and appellate recourse available should Judge Fitzgerald fail to enter judgment in client's favor 4 -27 -18 E -mail client copy of Supplemental Brief and Motion for 275.00 0.3 Judgment; draft correspondence to client accompanying same 4 -27 -18 Draft correspondence to Janna Clark and J.B. Alexander Re: 275.00 0.0 Supplemental Brief and Motion for Judgment [NO 0:4 CHARGE] 4 -28 -18 Receipt, review, and respond to correspondence from client 275.00 0.2 Re: Client's cash payments related to Open Records Act lawsuit against City of Owasso; identification of expenses for which client does not possess original documentation; prepare notes regarding same 4 -30 -18 Communicate with client Re: Faxing documents for 275.00 0.1 possible attachment to Second Supplemental Brief Supporting Plaintiff Patrick Ross' Motion for Judgment 5 -01 -18 Communicate with client Re: Request documents from 275.00 0.3 client reflecting certain out -of- pocket litigation expenses 5 -01 -18 TC to David Weatherford 5 -02 -18 R/R Notice ofHearing 275.00 0.2 275.00 0.1 5 -02 -18 Communicate with client Re: Follow up regarding certain 275.00 out -of- pocket litigation expenses incurred by client 41 0.2 192.50 82.50 0=1 55.00 27.50 82.50 55.00 27.50 55.00 5 -04 -18 Communicate with client Re: Two -day continuance of 5 -07- 275.00 03 18 hearing due to conflict; request that client make himself available at 1:30 on 5 -09 -18 to be called as witness (should it become necessary) 5 -07 -18 Communicate with client Re: Secondary issues 275.00 0.1 5 -08 -18 Communicate with client Re: Exhibits that were attached to 275.00 0.6 narrative portion of Fortney Report; discuss items listed on p. 4; request that client forward copy of original open records request of 6 -26 -13 5 -08 -18 Research on Westlaw and in ALR library Re: Effect of 275.00 3.6 agency's compliance with Open Records statute after commencement of action, but before final judgment rendered; pull, read/analyze, and KeyCite Layfzeld, Ulrich, Duncan Pub., Walloon Lake Water Sys., Thomas, Ritzer, Buckner, Powhida, Fallows, Redinger, Racine Educ. Assoc., Runge, Smith, Cramer, and Shands cases; research interrelated moomess, attorney fee, and public policy arguments pertinent to upcoming hearing; draft detailed notes regarding findings for use at hearing 5 -08 -18 Communicate with client Re: Location of requested 275.00 0.1 documents for use at 5 -09 -18 hearing; fax delivery of same 5 -09 -18 Communicate with client Re: No longer need client to 275.00 0.2 attend hearing; will be ordering court reporter to transcribe proceedings in case appeal is necessary 5 -09 -18 TC client Re: Miscellaneous information needed for 275.00 0.3 upcoming hearing 5 -09 -18 Prepare for hearing on pending motions; update authorities 275.00 3.2 and conduct additional research regarding "mootness" for presentation at hearing; draft outline of oral arguments 5 -09 -18 Appear before Judge Fitzgerald for pretrial conference and 275.00 1.2 hearing on pending motions (Owasso's Motion to Enter Judgment and Supplemental Brief, and Plaintiff's Motion to Enter Judgment, Supplemental Brief, and Second Supplemental Brie) 42 82.50 27.50 165.00 '•111 27.50 55.00 82.50 ,::1 11 330.00 DATE :DESCRIPTION :RATE HOURS CHARGE 5 -09 -18 Communicate with client Re: Outcome of hearing; Judge 275.00 1.0 275.00 Fitzgerald's request for additional briefing from Owasso on issue of abuse of discretion, and option for Plaintiff to submit new brief within 20 days setting out everything that was orally presented regarding issue of mootness; Fitzgerald's statement that she will likely reject Owasso's moomess argument based on the fact that only the narrative portion of the Fortney Report has been leaked and is now in the public domain; effect of Owasso's continued assertion that entire Fortney Report is confidential; possibility that Owasso will attempt to distinguish between Fortney Report's statement that Ray's conduct "implicated' criminal statutes, and an actual finding that there were criminal violations, and Sherry Bishop deposition testimony that was elicited in anticipation of same (regarding whether Owasso would be abusing its discretion if it hid that Ray had potentially violated criminal statutes); next steps 5 -10 -18 Communicate with client Re: Possibility of having third 275.00 0.4 110.00 party submit Open Records request for copy of Fortney Report (which, if denied, would further demonstrate that ORA claim is not moot) 5 -15 -18 Communicate with client Re: Owasso's handling of prior 275.00 0.3 82.50 Open Records request and outcome of resulting litigation; possible adjustment to strategy in instant suit 5 -23 -18 Communicate with client Re: Bishop departure; decision to 275.00 0.4 110.00 file new brief on final day so as not to alert Owasso to issues it is overlooking (in time for it to brief them); miscellaneous 5 -27 -18 Communicate with client 275.00 0.2 55.00 5 -29 -18 Draft correspondence to Judge Fitzgerald Re: Unopposed 275.00 0.2 55.00 request for one -day enlargement of time for parties to submit second supplemental briefs (as necessitated by my mother's death and funeral); TC to Judge Fitzgerald's chambers Re: Same 5 -29 -18 TC Judge Fitzgerald's chambers Re: Following up on 275.00 0.1 27.50 request for one -day enlargement of briefing deadline 43 DATE _ DESCRIPTION RATE HOURS iCHARGE 5 -29 -18 Draft Second Supplemental Brief Supporting Plaintiff 275.00 2.8 770.00 Patrick Ross' Motion for Judgment against Defendant City of Owasso for Its Violation of the Open Records Act; related research 5 -30 -18 Draft correspondence (with attachment) to Judge Fitzgerald 275.00 0.1 27.50 and David Weatherford Re: Transmittal of Second Supplemental Brief Supporting Plaintiff Patrick Ross' Motion for Judgment against Defendant City of Owasso for Its Violation of the Open Records Act 5 -31 -18 Communicate with client Re: Confirmation that 275.00 0.6 165.00 supplemental briefing has been filed; client's inquiry regarding projected time it will take Judge Fitzgerald to issue a ruling; address possibility that client will need to sign affidavit regarding materiality of exhibits listed on p. 4 of, and attached to, Fortney Report (and expectation that Owasso may attempt to get Lombardi or Fortney to prepare an affidavit to the contrary); explain summary judgment standard regarding resolution of disputed facts in favor of non - movant; will contact client following receipt of Owasso's brief 5 -31 -18 Communicate (2) with client Re: Cost of transcription and 275.00 0.2 request for check to Lisa Foster; confirmation of payment 6 -01 -18 E -mail correspondence (multiple) with David Weatherford 275.00 0.2 and Joni Walker Re: Request for copy of Owasso's Second Supplemental Brief in Support of Motion to Enter Judgment Pursuant to Mandate of Appellate Courts (which post office has not yet delivered); TC David Weatherford Re: Same 6 -01 -18 Receipt, review, and analyze Owasso's Second 275.00 0.7 Supplemental Brief in Support of Motion to Enter Judgment Pursuant to Mandate of Appellate Courts; identify issues that Plaintiff must immediately address to keep Open Records claim alive and draft outline of anticipated arguments 6 -01 -18 Receipt, review, and analyze Transcript of Proceedings held 275.00 1.0 on 5- 09 -18; marklannotate portions pertinent to arguments to be made in Plaintiffs response to Owasso's Second Supplemental Brief ffl 55.00 55.00 192.50 275.00 6 -01 -18 Draft correspondence to client (with attachment) Re: 275.00 0.1 Owasso's Second Supplemental Brief in Support of Motion to Enter Judgment Pursuant to Mandate of Appellate Courts 6 -01 -18 Draft (begin) Plaintiff Patrick Ross' Response to Defendant 275.00 3.7 City of Owasso's Second Supplemental Brief in Support of Motion to Enter Judgment Pursuant to Mandate of Appellate Courts; related legal research 6 -01 -18 Draft correspondence to client (with attachment) Re: Draft- 275.00 0.1 in- progress of Response to Defendant City of Owasso's Second Supplemental Brief 6 -01 -18 Communicate with client Re: Preparation of Plaintiff's 275.00 0.4 Response to Arguments Raised in Defendant City of Owasso's Second Supplemental Brief Filed on May 29, 2018, three main issues to be addressed; plan to e-mail brief to Judge Fitzgerald and Owasso's attorney over the weekend and then file with Court Clerk on 6 -04 -18 6 -02 -18 Draft (continue) Plaintiff Patrick Ross' Response to 275.00 6.8 Arguments Raised in Defendant City of Owasso's Second Supplemental Brief in Support of Motion to Enter Judgment Pursuant to Mandate of Appellate Courts; related legal research 6 -02 -18 Communicate (2) with client Re: Notification by client that 275.00 0.8 OSCN showing Judge Fitzgerald has entered judgment "pursuant to mandate of appellate courts" (e.g., in favor of Owasso); decision to modify partially- drafted response brief to motion to reconsider /motion to vacate; discuss possibility that another appeal will have to be filed and, if so, likelihood of success based on evidence (including Bishop's testimony regarding abuse of discretion); discuss possible strategic capitalization on Owasso's argument regarding grand jury decision 6 -04 -18 Communicate with client Re: Efforts to obtain copy of 275.00 0.3 Judge Fitzgerald's 6 -01 -18 order; optional nature of confidentiality determination under Open Records Act and extent of discretion 27.50 1,017.50 27.50 110.00 1,870.00 220.00 82.50 6 -05 -18 Receipt, review, and analyze Decision Entering Judgment 275.00 0.9 247.50 Pursuant to Mandate of Appellate Courts; identify errors and draft notes on anticipated arguments; review 12 O.S. § 651 et seq. 6 -05 -18 Draft correspondence to client (with attachment) Re: 275.00 0.1 27.50 Decision Entering Judgment Pursuant to Mandate of Appellate Courts 6 -05 -18 TC Patrick Ross Re: Grounds for Judge Fitzgerald's ruling; 275.00 0.7 192.50 factual and legal basis for reversal 6 -05 -18 Communicate with client Re: Discussion (continued) of 275.00 0.6 165.00 Judge Fitzgerald's ruling and identification/explanation of specific errors 6 -05 -18 Revise and begin re- working draft -in- progress of Plaintiff 275.00 5.7 1,567.50 Patrick Ross' Response to Arguments Raised in Defendant City of Owasso's Second Supplemental Brief in Support of Motion to Enter Judgment Pursuant to Mandate of Appellate Courts (converting brief to motion to reconsider /vacate in light of court's June 1" ruling); related legal research 6 -06 -18 Research on Westlaw Re: Whether a grand jury's decision 275.00 1.3 357.50 not to return an indictment on the grounds of insufficient legal evidence has the finality component necessary for applying the doctrine of collateral estoppel; locate, read, and analyze decisions holding that a grand jury's decision not to indict in not a final determination that the acts allege did not occur; KeyCite decisions 6 -06 -18 Communicate with client Re: Status of preparation of 275.00 0.4 110.00 Motion to Reconsider, Vacate, and /or Mods the Court's June P Decision Entering Judgment; explain arguments being made and strategy 6 -08 -18 Draft (continue) Motion to Reconsider, Vacate, and /or 275.00 5.6 1,540.00 Modify the Court's June Is` Decision Entering Judgment 6 -08 -18 Communicate with client Re: Status of Motion to 275.00 0.4 110.00 Reconsider; additional information regarding certain issues; miscellaneous ,, 6 -12 -18 Draft (completed) Motion to Reconsider, Vacate, and/or 275.00 4.5 1,237.50 Modify the Court's June I" Decision Entering Judgment 6 -12 -18 Communicate with client Re: Completion of Motion to 275.00 0.5 137.50 Reconsider, Vacate, and /or Modify the Court's June I` Decision Entering Judgment; client's review 6 -19 -18 Communicate with client 275.00 0.1 27.50 6 -24 -18 Communicate with client 275.00 0.1 27.50 6 -25 -18 Communicate with client Re: Notification that Owasso has 275.00 0.1 27.50 filed its response to Plaintiff's Motion to Reconsider 6 -26 -18 Communicate with client 275.00 0.1 27.50 6 -27 -18 Receipt, review, and analyze Owasso's Response to Motion 275.00 0.5 137.50 to Reconsider, Vacate, and /or Modem the Court's June 1, 2018 Decision; prepare notes regarding issues needing to be addressed by way of a reply brief 6 -27 -18 Draft e-mail to client (with attachment) Re: Summary of 275.00 0.4 110.00 arguments in Owasso's Response to Motion to Reconsider, Vacate, and /or Modify the Court's June 1, 2018 Decision and thoughts regarding same 6 -27 -18 Communicate with client Re: Follow up questions regarding 275.00 0.2 55.00 Owasso's Response to Motion to Reconsider 6 -29 -18 Receipt, review, and respond to correspondence from client 275.00 0.5 137.50 Re: Client's thoughts following his side -by -side review of the Motion to Reconsider and Owasso's Response 7 -07 -18 Communicate with client Re: Status of pending Motion to 275.00 0.1 27.50 Reconsider 7 -10 -18 Communicate with client Re: Judge Fitzgerald's denial of 275.00 0.5 137.50 Motion to Reconsider, Vacate, and /or Modify the Court's June I" Decision Entering Judgment; next steps; anticipated fast -track appeal pursuant to Sup.Ct.R. 1.36 and related costs 7 -11 -18 Communicate with client Re: Appeal 275.00 0.2 55.00 47 DATE DESCRIPTION RATE HOURS CHARGE s 7 -13 -18 Receipt and review correspondence from David 275.00 0.2 55.00 Weatherford; review proposed Order denying Plaintiff's Motion to Reconsider drafted by David Weatherford 7 -17 -18 Communicate with David Weatherford Re: Coordination of 275.00 0.1 27.50 preparation of formal journal entry 7 -20 -18 Communicate with client [NO CHARGE] 275.00 0.0 0.00 8-f 27.58 7 -23 -18 Communicate with client Re: Status of preparation of 275.00 0.3 82.50 appeal 7 -30 -18 Communicate with client [NO CHARGE] 275.00 0.0 0.00 &4 27.58 7 -31 -18 Communicate with client [NO CHARGE] 275.00 0.0 0.00 04 27.58 8 -02 -18 Communicate with client Re: Status of final order; inclusion 275.00 0.3 82.50 of 12 O.S. § 994(A) language and necessity for same 8 -07 -18 Revise proposed Order drafted by David Weatherford; add 275.00 0.3 82.50 12 O.S. § 994(A) language permitting immediate appeal 8 -08 -18 Draft correspondence to David Weatherford (with 275.00 0.1 27.50 attachment) Re: Revisions to Weatherford's proposed Order (denying Ross' Motion to Reconsider, Vacate and /or Modify the Court's June 1, 2018, Decision Entering Judgment) and addition of 12 O.S. § 994 final judgment language 8 -09 -18 Receive (from David Weatherford) executed signature page 275.00 0.2 55.00 on proposed Order denying Ross' Motion to Reconsider; prepare for presentation to Judge Fitzgerald 8 -09 -18 Deliver signed, agreed Order denying Ross Motion to 275.00 0.2 55.00 Reconsider to Judge Fitzgerald's chambers for her execution; speak with clerk Becky 8 -09 -18 Communicate with client Re: Weatherford's execution of 275.00 0.4 110.00 final order entering judgment in favor of City of Owasso (as revised to include "no just reason for delay" language permitting immediate appeal) EN 8 -10 -18 Communicate with client Re: Question about OSCN entry 275.00 0.2 regarding denial of motion 8 -14 -18 Communicate with client Re: Judge Fitzgerald's execution 275.00 0.3 of Order, court clerk's certification of appellate record, and estimated time to complete attachments to Petition in Error, miscellaneous 8 -14 -18 Communicate with client Re: Various costs of appeal (filing 275.00 0.2 fee, copying and binding charges, and cost of courier); explanation of Record on Appeal 8 -15 -18 Communicate with client Re: Follow -up regarding payment 275.00 0.2 of costs associated with appeal 8 -20 -18 Draft letter to the Office of the Court Clerk of the 275.00 0.2 Oklahoma Supreme Court Re: Transmittal of Petition in Error, Entry of Appearance, and Record on Accelerated Appeal 8 -20 -18 Communicate with client Re: Notify client that appeal has 275.00 0.3 been sent out for filing; status of payment of costs 8 -21 -18 Meet with client Re: Substantive review of Petition in Error 275.00 1.5 (and attachments) and Record on Appeal; address procedural issues and what to expect in terms of Owasso's response and timing of COCA'S ruling; next steps 8 -21 -18 Communicate with client 8 -26 -18 Communicate with client 55.00 82.50 55.00 55.00 55.00 82.50 412.50 275.00 0.2 55.00 275.00 0.1 27.50 8 -27 -18 Communicate with client Re: Confirmation that appeal has 275.00 0.2 55.00 been filed and docketed 8 -28 -18 Communicate with client 275.00 0.1 27.50 9 -04 -18 Communicate with client 275.00 0.1 27.50 9 -11 -18 Communicate with client Re: Client unable to access copy 275.00 0.5 137.50 of Owasso's Counter - Petition in Error; explain that Owasso has challenged Court's award of fees for appeal - related work; opine that both sides challenging the Court's Order may increase the likelihood of reversal EEO DATE .DESCRIPTION RATE :HOURS CHARGE 9 -19 -18 TC Patrick Ross 275.00 0.1 27.50 10 -02 -18 Communicate with client Re: Status of appeal 275.00 0.2 55.00 10 -17 -18 Communicate with client 275.00 0.3 82.50 10 -18 -18 TC Patrick Ross 275.00 0.2 55.00 10 -19 -18 Communicate with client 275.00 0.2 55.00 11 -05 -18 Communicate with client Re: Effect (if any) of activity in 275.00 0.3 82.50 district court on pending appeal 11 -12 -18 Communicate with client [NO CHARGE] 275.00 0.0 0.00 04 55.00 11 -21 -18 TC Patrick Ross 275.00 0.2 55.00 11 -29 -18 Communicate with client [NO CHARGE] 275.00 0.0 0.00 04 2= 30 12 -13 -18 TC Patrick Ross 275.00 0.3 82.50 12 -16 -18 Communicate with client [NO CHARGE] 275.00 0.0 0.00 8.4 55.00 12 -27 -18 TC David Weatherford Re: Service issues 275.00 0.2 55.00 12 -29 -18 Communicate with client 275.00 0.2 55.00 1 -02 -19 Communicate with client 275.00 0.1 27.50 1 -08 -19 Communicate with client [NO CHARGE] 275.00 0.0 0.00 04 55.00 1 -11 -19 Communicate with client [NO CHARGE] 275.00 0.0 0.00 0.4 27.50 1 -12 -19 Communicate with client [NO CHARGE] 275.00 0.0 0.00 0.4 55.00 1 -15 -19 TC Patrick Ross [NO CHARGE] 275.00 0.0 0.00 0-.7 192.50 50 1 -25 -19 Communicate with client [NO CHARGE] 275.00 0.0 0.00 04 27.50 1 -31 -19 Communicate with client Re: Supreme Court's disposal of 275.00 0.1 27.50 Reiss appeal (0.2 - NO CHARGE); status of Open Records 0:2 35.00 Act appeal (0.1) 2 -01 -19 Communicate with client 275.00 0.1 27.50 2 -06 -19 Communicate with client [NO CHARGE] 275.00 0.0 0.00 0-.2 55.00 2 -10 -19 TC Patrick Ross 275.00 0.2 55.00 2 -14 -19 Communicate with client Re: Status; estimation of time 275.00 0.3 82.50 until COCA issues a decision 3 -01 -19 Communicate with client Re: Request for update 275.00 0.2 55.00 3 -07 -19 Communicate with client Re: Question regarding appeal 275.00 0.2 55.00 3 -22 -19 Communicate with client Re: Status; average length of time 275.00 0.3 82.50 for COCA to dispose of fast -track civil appeals (based on available historical data) 4 -02 -19 Communicate with client Re: Status; correlation (if any) 275.00 0.2 55.00 between duration of appeal and likelihood of reversal 4 -16 -19 Communicate with client Re: Checked OSCN and no ruling 275.00 0.1 27.50 4 -30 -19 Communicate with client Re: Status 275.00 0.2 55.00 5 -14 -19 Communicate with client Re: Status 275.00 0.1 27.50 5 -30 -19 Communicate with client Re: Status; address client's 275.00 0.3 82.50 concerns as to whether appeals court is neglecting case 7 -09 -19 Communicate with client Re: Client's request for update; 275.00 0.4 110.00 briefly review reasons why client should expect to receive a favorable ruling from COCA 51 8 -02 -19 Communicate with client Re: Notify client of 7 -31 -19 275.00 0.3 docket entry showing that case was assigned back to COCA'S Tulsa Division; thoughts regarding same 9 -07 -19 Communicate with client Re: Client's request for update 275.00 0.3 10 -01 -19 Communicate with client Re: Client's request for update; 275.00 0.3 monitoring appeal 11 -28 -19 Communicate with client Re: Cancer diagnosis; tasks that 275.00 0.6 will need to be performed to preserve appellate challenge and right to recover fees and costs in the event things take a turn for the worst 82.50 82.50 82.50 165.00 12 -22 -19 Communicate with client Re: Status; hospitalization; 275.00 0.5 137.50 paperwork for POA/preservation of appellate challenge 12 -23 -19 Research (begin) on Westlaw and in Oklahoma Statutes Re: 275.00 2.8 770.00 Assignment/preservation of claims; draft assignment paperwork and POA pertaining to Open Records Act claim 12 -24 -19 Meet with client Re: Review and execution of POA 275.00 1.3 357.50 paperwork 1 -19 -20 Meet with client Re: Wishes going forward 275.00 1.7 467.50 1 -21 -20 Research various issues pertaining to preservation of Open 275.00 3.5 962.50 Records actions and right to pursue fees as prevailing party after a plaintiff's death; locate and read 59 Am.Jur.2d Parties § 331 (addressing time for substitution following death of a party), 1 Am.Jur.2d Abatement, Survival, and Revival § 98 (providing direction on preparation and submission of suggestion of death), 1 Okla. Prob. Law & Prac. § 18.14 (pertaining to judgment creditors and pending actions) and cases and secondary authorities cited therein; prepare notes regarding same; review Form 22; read and analyze Intrepid, Campbell, Hambright and McCamey decisions; prepare notes regarding procedural requirements and best practices 2 -18 -20 Communicate with David Weatherford Re: Death of Patrick 275.00 0.1 27.50 Ross, notice of death that Owasso anticipates on filing in appeal, and Carole Ross' forthcoming motion for party substitution 52 4 -10 -20 Research on Westlaw and in Vernon's Re: Petitioning for 275.00 1.0 the appointment of a special administrator, the issuance of letters of administration, form and necessary contents of order appointing special administrator and order for hearing; notice and service requirements 4 -30 -20 R/R and analyze Opinion reversing judgment of trial court 300.00 0.4 and instructing it to order City of Owasso to produce Fortney Report 4 -30 -20 TC (2) Carole Ross Re: Ruling issued by Oklahoma Court 300.00 0.5 of Civil Appeals; next steps 5 -01 -20 Research on Westlaw Re: Substitution of parties; 300.00 3.5 requirements under 12 O.S. § 2025; locate, read and analyze, and KeyCite decisional authorities construing and applying statute; timing/deadline for filing motion to substitute estate administrator /representative for deceased plaintiff (within 90 days of filing suggestion of death); determine that actual order of substitution may be entered beyond 90 -day period so long as motion is filed within 90 days; determine that a decedent's lawyer in underlying action is not considered a "representative" for purpose of parry substitution under 12 O.S. § 2025; conduct detailed review of Campbell decision and procedural requirements addressed therein; pull and review cases, court orders, and court filings citing Campbell; requirement in Warehouse Market of official court appointment as decedent's personal representative and his or her retention of decedent's attorney; standing of attorney to bring, in attorney's own name, claim for attorney fees; locate and analyze Swick and decisions citing same, KeyCite all 5 -04 -20 Communicate with David Weatherford Re: Effort to 300.00 0.1 determine whether Owasso will be producing Fortney Report or will seek further appellate review (i.e., by filing a petition for rehearing or petition for certiorari) 5 -04 -20 TC J.B. Alexander Re: Request that he submit Open 300.00 0.4 Records request for copies of bills from, and payments to, Owasso attorneys Weatherford and Wilkes (for purpose of establishing undisputed minimum "reasonableness" threshold) 53 275.00 120.00 150.00 1,050.00 0#1101 120.00 DATE 'DESCIUMON RATE HOURS CHARGE 1 5 -04 -20 Draft Open Records request to City of Owasso (to be 300.00 0.4 120.00 submitted by J.B. Alexander) seeking production of attorney bills that Owasso incurred/paid in connection with Ross Open Records litigation; forward draft to Alexander; communicate with Alexander Re: Edits and finalization of request 5 -06 -20 Research Re: 51 O.S. § 24A.17 and Notes of Decisions to same; pull, read, and KeyCite Transportation Info. Svc., KOKI Fox 23, Barnett, Oak Tree Partners, Muller, Kast, and Rule 1.14; conduct various searches regarding taxation of costs and appeal related attorney fees 5 -11 -20 Receipt and review invoices paid by the City of Owasso for legal work performed in connection with Plaintiffs Open Records lawsuit; analyze substance of billing entries and time reported; run calculations related to same; review own billing records and run preliminary calculation of time spent to date prosecuting Open Record claim 300.00 300.00 5 -12 -20 Research on Westlaw and in Oklahoma Statutes and 300.00 Oklahoma Supreme Court Rules Re: Procedural requirements for appellate motions seeking attorney fee and costs; timing /deadline for filing same; specific categories of costs recoverable; requirement that verified statement of costs be filed prior to issuance of mandate; necessary contents of same; determine that under 12 O.S. § 696.4(C), an appellate motion for attorney fees need not specify the amount of attorney fees sought and should not include evidentiary materials relating to such amount or its reasonableness; locate, review and analyze, and KeyCite cases construing /applying Okla.Sup.Ct.R. 1.14(A) & (B); prepare notes regarding findings of research and requirements 54 2.1 4.5 2.2 630.00 1,350.00 5 -12 -20 Research (begin) on OSCN Re: Fee and cost motions and 300.00 2.5 750.00 orders filed in prior appeals (including in Ward & Lee, KOKI Fox 23 News, and Kast) for use as templates and to utilize as precedent for award of fees that is sizeable and represents work spanning several years; pull and review court filings addressing reasonableness of amount requested, reasonableness of hourly rate charged/recoverable, disallowed and discounted charges, expert testimony, consideration to be given to importance of decision, grounds for fee enhancement, and recovery of fees incurred in connection with preparation and presentation of fee request 5 -13 -20 TC attorney James Weger Re: Request transcripts and other 300.00 0.3 90.00 records relating to Judge Morrissey's ruling that $75,000 was a reasonable fee in 2006 case seeking production of records (for anticipated use in this case to illustrate size of past awards and reasonableness considerations supporting same) 5 -13 -20 Research (continue) Re: Rule 1.14 and application of same; 300.00 1.6 480.00 review Vernon's Okla. Forms 2d; pull and read 12 O.S. 978, 20 0. S. § 30.4, and Holleyman and Carroll cases 5 -13 -20 Review file Re: Identification of expenditures and 300.00 0.5 150.00 supporting documentation relating to Case No. SD- 117,321 now recoverable; assemble contemporaneous payment records for use as exhibits accompanying verified cost statement 5 -14 -20 Draft Plaintiff /Appellant Patrick Ross' Motion for Appeal- 300.00 1.5 450.00 Related Costs and Verified Statement of Costs in Support of Plaintiff /Appellant Patrick Ross' Motion for Appeal - Related Costs 5 -15 -20 Draft Plaintiff /Appellant Patrick Ross' Motion for Attorney 300.00 1.3 390.00 Fees on Appeal 5 -15 -20 Draft letter to Clerk of the Oklahoma Supreme Court (with 300.00 0.2 60.00 filing instructions); prepare materials for FedEx delivery 04 6980 (0.4) [NO CHARGE — 0.2] 5 -15 -20 Draft letter to Tulsa County Court Clerk (with filing 300.00 0.2 60.00 instructions) 55 5 -15 -20 Draft Petition for Appointment of Special Administrator for 300.00 1.8 the Estate of Patrick D. Ross, Letters of Special Administration, Order for Hearing Petition for Appointment of Special Administrator for the Estate of Patrick D. Ross, and Order Appointing Special Administrator (for sole and express purpose of obtaining court's authorization for Carole Ross to serve as client's successor in litigating to conclusion Tulsa County District Court Case No. CV -2013- 898 and Appeal No. SD- 117,321) 5 -15 -20 Meet with Carole Ross Re: Necessity of filing suggestion of 300.00 2.0 death, moving for parry substitution, and seeking her appointment as special administration; review paperwork with client prior to her execution of same 540.00 [11 1 111 5 -15 -20 Draft Verified Statement of Costs in Support of 300.00 2.8 840.00 Plaintiff /Appellant Patrick D. Ross' Motion for Appeal - Related Costs, Plaintiff /Appellant Patrick D. Ross' Motion for Appeal- Related Costs, and Plaintiff /Appellant Patrick D. Ross' Motion for Attorney Fees on Appeal; locate and prepare cost records for attachment to Verified Statement; review Okla. Sup. Ct. R. 1.14(A)(2) (enumerating categories of recoverable costs), 20 O.S. § 15, and Sisney v. Smalley decision; proofread, revise, and finalize all for filing 5 -15 -20 Draft letter to Tulsa County Court Clerk — Civil Division 300.00 0.2 60.00 Re: Transmittal of Plaintiff /Appellant Patrick D. Ross' Motion for Appeal - Related Costs, Verified Statement of Costs in Support of Plaintiff /Appellant Patrick D. Ross' Motion for Appeal - Related Costs, and Plaintiff /Appellant Patrick D. Ross' Motion for Motion for Attorney Fees on Appeal 5 -16 -20 Receipt and review (begin) materials provided by Jim 300.00 1.2 360.00 Weger relating to reasonableness of fee awarded by Judge Morrissey in 2006 case for production of documents under open records law 56 5 -16 -20 Research (continue) on OSCN Re: Fee and cost awards in 300.00 prior Open Records cases (to demonstrate past precedent for size of fee award Plaintiff will be requesting); pull and review (continue) court filings addressing reasonableness of amount requested and hourly rate, and disallowance and reduction of certain charges; pull and read/analyze 11 cases cited in 2 Civ. Actions Against Govt. § 7:86 addressing important policy considerations governing fee awards in Open Records cases (including removal of financial barriers to pursuit of valid claims and deterrent against wrongfully resisting disclosure that threat of being forced to pay prevailing plaintiff s fees is meant to have) 5 -16 -20 Read IA Vernon's Okla. Forms 2d, Civ. Pro. Ch. 5D 300.00 (Intro.), 15 Fed. Proc. L. Ed. § 38:455 (and selected cases cited therein), 83 Neb. L.Rev. 1073, 14 No. 10 Fed. Litigator 246, and Dynamix, Warehouse Market, Swick, Jackson, King, and Bellis cases pertaining to survival of Open Records, FOIA, and other sunshine law litigation following plaintiffs death (for purpose of demonstrating to Supreme Court that overwhelming number of authorities addressing the issue have recognized policy in favor of allowing such litigation to proceed post -death given ongoing public interest in transparent government) 5 -16 -20 Research (continued); read 5 USCA § 552, application of 12 300.00 O.S. § 2025; run/modify various searches on Westlaw; read Sinito; narrow parameters of citing references and read portions of pertinent cases; read In re Lucent, MI. Sec. Counselors, Hendricks, and Ormsby; review 12 O.S. §§ 1051 -52, Notes of Decisions, and pertinent cases listed therein (including Williams); re -read OPEA and review authorities citing same; look for certain provisions in FOIA statutes that parallel language state Open Records Act; locate and read 71 La. L. Rev. 703 (addressing transparency issues), Okl. A.G. Opinions (dated 4- 17 -89, 10- 25 -02, 12- 08-03, 5- 13 -09, 11- 30 -09, and 5- 04 -15), 51 O.S. §§ 24A.1- 3, Okla. Admin. Code § 375, and Anagnost, IUPA, Meritor, Tulsa Tribune, and Okla. Assoc. of Broadcasters cases 5 -16 -20 TC client Re: Deadline for challenging appellate court's 300.00 order; City's option of seeking rehearing or petitioning for certiorari 57 W 1.5 2.4 Wj :111 450.00 720.00 :1 11 5 -17 -20 Research Re: Application of fee - shifting rule where counsel 300.00 1.4 has represented plaintiff on pro bono or reduced rate basis; pinpoint authorities holding that plaintiff's counsel should recover full value of his services; locate and review additional authorities recognizing that courts must consider whether the public benefits from the disclosure sought and whether the government's decision to withhold the records was reasonable; locate cases that utilized lodestar calculation as starting point and then increased /enhanced the award based on the facts of the case 5 -17 -20 Research on Westlaw Re: Actions which survive death of 300.00 2.2 plaintiff, 12 O.S. § 1051 and cases applying same; construction of "injury to the person or to [his] personal estate" language; decisions specifically addressing survival of claim for prevailing party attorney fees; locate, read and analyze, and KeyCite Campbell, Clements, Spiker, Harrison, and authorities cited therein; search for Oklahoma cases addressing whether action under the Oklahoma Open Records Act (or any action to vindicate citizen's rights generally) survives the death of the plaintiff who brought it; determine that there are no reported decisions in Oklahoma addressing this precise issue 5 -18 -20 Communicate with David Weatherford Re: Follow up 300.00 0.1 regarding whether Owasso will be producing Fortney Report or will be seeking further appellate review 5 -18 -20 (DMG) Miscellaneous: Conduct search for Patrick Ross' 300.00 0.5 estranged daughter Paula Devin Smith on People Search database (so that Smith may be served with notice of estate administration proceedings in conjunction with statutory requirements); locate and contact 5 -18 -20 (DMG) Work on identifying, locating, and contacting heirs 300.00 as same relates to satisfaction of notice requirements under Title 58 5 -18 -20 TC client Re: Party substitution issue 300.00 E 420.00 711 11 30.00 150.00 1.1 330.00 0.1 30.00 5 -18 -20 Research on Westlaw Re: Update /supplement 2018 300.00 1.7 510.00 research; seek cases specifically addressing whether a case seeking the disclosure of records under the federal Freedom of Information Act survives the death of the plaintiff who brought it; locate, read, and analyze, Sinito progeny, Mallick, and pertinent portions of other authorities cited therein; KeyCite all; search for Oklahoma statutory and/or decisional authority recognizing persuasive value of FOIA decisions when interpreting and applying similar provisions of the Oklahoma Open Records Act 5 -18 -20 (DMG) Prepare all estate administration paperwork for 300.00 0.3 90.00 filing and presentation to Court; draft civil cover sheet 5 -18 -20 (DMG) Review SCAD order and local administrative orders 300.00 0.3 90.00 Re: Special protocol to for presenting request for appointment of special administrator to Court (due to COVID -19 restrictions) 5 -18 -20 (DMG) Meet with Carole Ross in Owasso Re: Review and 300.00 2.0 600.00 explanation of estate administration paperwork, execution of Verification of Petition, execution of oath set forth on Letters of Special Administration 5 -18 -20 Meet with Carole Ross (with DMG) Re: Review and 300.00 0.0 0.00 execution of estate administration paperwork [NO 2-.0 600.00 CHARGE] 5 -18 -20 (DMG) Appear before Judge Glasco Re: Presentation of 300.00 1.0 300.00 request for appointment of special administrator; obtain Court's issuance of Order Appointing Special Administrator and Letters of Special Administration 5 -18 -20 Attend hearing before Judge Glasco Re: Court's issuance of 300.00 0.0 0.00 Order Appointing Special Administrator and Letters of 4-0 300.00 Special Administration 5 -19 -20 TC (2) David Weatherford Re: Death of Patrick Ross and 300.00 0.2 60.00 parry substitution issue 59 DATE 1DESCRIPTION +RATE HOURS CHARGE i 5 -19 -20 Research unresolved issues regarding assignment; read and 300.00 2.8 840.00 analyze primary and secondary authorities addressing standing and abatement of causes of action under Open Records Act and similar sunshine laws, including 37A Am.Jur.2d Freedom of Information Acts § 482, Ok1.A.G. 09 -33, Okla. Admin. Code 375:9 -1 -4, and cases cited therein; locate and review authorities treating denial of Open Records request as a "personal injury" and/or "injury to personal estate "; locate Oklahoma authorities expressly recognizing that in construing the provisions of the Oklahoma Open Records Act, courts may look to cases interpreting similar provisions of the federal act (FOIA); prepare extensive notes memorializing important findings 5 -19 -20 Research (continued) on Westlaw Re: Assignment issues 300.00 and treatment of attorney fee claims following death of plaintiff 5 -19 -20 Draft Motion to Substitute Party; research on Westlaw Re: 300.00 Additional authorities (a) construing 12 0. S. § 1051, and (b) addressing survival of FOIA actions following death of the plaintiff, locate, read, and analyze Acebal and Feinman cases; search for other analogous decisions arising under LMRDA; review and proofread Motion, revise and finalize; prepare for filing 5 -19 -20 Draft letter to the Office of the Court Clerk of the 300.00 Oklahoma Supreme Court Re: Transmittal of Entry of Appearance and Motion to Substitute Party 5 -20 -20 Receipt, review, and analyze (begin) Owasso's Petition for 300.00 Certiorari; pull, read, analyze, and distinguish (begin), legal authorities cited therein; KeyCite all (1.6); prepare notes regarding points that must be addressed and prepare preliminary outline of anticipated arguments for Ross' response (0.8) .1 1.9 570.00 3.5 1,050.00 0.2 60.00 2.4 720.00 DATE (DESCRIPTION :RATE HouRs CHARGE 5 -22 -20 Research (continued) in preparation for drafting response to 300.00 6.7 2,010.00 Owasso's Petition for Certiorari; deep analysis of OPEA v. State and Okla. Assoc. of Broadcasters v. Norman decisions; pull and review legal authorities cited in Footnote Nos. 4, 5, 18, 23, 33 & 37 of OPEA; compare 51 O.S. § 24A.7 and § 24A.8 (for purpose of developing counter - argument to distinction Owasso attempts to draw between the two); analyze rationale for, and application of, balancing test and "comparative weighing of antagonistic interests; review Intl Union of Police Assoc. (addressing appellate court's authority to weigh evidence), Strubhart (holding that the issues raised may "necessitate an examination of the entire lower court record ") locate, review, and analyze secondary authorities holding that application of balancing test is appropriate (including Ky. Bd. of Examiners of Psychologists, Carlson, Scottsdale Unif. Sch. Dist., Graham, Paff, Schenck, Loigman, N.J. Media Group, and Washington Post); locate, read, and analyze Oklahoma cases addressing significance of legislative silence following the judicial and/or administrative construction of a particular statute; KeyCite all research; draft notes summarizing/outlining findings 5 -22 -20 Receipt (from Oklahoma Supreme Court) and review Order 300.00 0.2 60.00 directing Owasso to respond to Appellant's Motion for Attorney Fees on Appeal, Motion for Appeal - Related Costs, and Motion to Substitute Party within 15 days; calendar deadlines; notify client regarding same 5 -22 -20 Research on OSCN; locate and review filings by City of 300.00 1.1 330.00 Owasso in Tulsa Co. Dist. Court Case No. CJ- 2011 -7458 (including 2 -23 -12 Response to Summary Judgment and 4- 19-12 Response in Opposition to Plaintiffs Writ of Mandamus) that directly contradict many of Owasso's arguments in seeking certiorari review (including by acknowledging that "the internal personnel investigation privilege of § 24A.7(A)(1) belongs to the public body [and] not the personnel who may be the subject of the internal investigation ") 5 -22 -20 Draft correspondence to Carole Ross Re: Motions and other 300.00 0.6 180.00 items filed with the Oklahoma Supreme Court on May 18 "' and May 201h 61 DATE _ :DESCRIPTION RATE HouRs - CHARGE 5 -27 -20 Research on Westlaw Re: Ross I citing references; cases 300.00 4.6 1,380.00 construing "abuse of discretion" in Open Records litigation; read Okl. A.G. Opin. (dated 3- 13 -20); read pertinent portions of Durham, Chrysler, Alirez, Haynes, Modern Brotherhood of America, Powell, Dean, Harmon, McMinn, Arrendell, McKenzie, Jackson, Destefano, Cooper, INS, Virk, Howard, Stallsmith, Carbone, Earick, Atlanta, Stein, Forche, Dunbar, Garcia, Tully, Mazur, Link, Smith, Godich, Swihart, Creaser, CPCP, and Whitley cases; review pertinent portions of 27 A.L.R.0 680, 110 Am.Jur. Trials 367, 5 U.S.C. § 706, and 87 A.L.R.2d 271; research inability to abuse "unlimited" discretion; implied requirement that governmental bodies may not abuse the discretion they have been given under Open Records Act and/or related sunshine laws; "law of the case" doctrine and requirement that subsequent court of review is bound by the same when litigants did not timely challenge earlier appellate ruling (as same applies to conflict between Owasso's current position that its decisions under 51 O.S. § 24A.7 are not subject to appellate review for abuse of discretion, and holding in Ross I that once Owasso City Council mades decision as to confidentiality of the Fortney Report, such decision would be ripe for COCA review for abuse of discretion); ability (if any) of Supreme Court to disregard settled law of the case if same is later shown to be erroneous (2.4); continue review and analysis of materials offline (2.2) 6 -04 -20 Review Okla. Sup. Ct. R. 1.178 and cases applying same; 300.00 1.3 390.00 timing requirements (0.3); research (begin) failure to preserve issue for appeal and acts constituting waiver of right to challenge a particular issue on appeal (1.0) 6 -05 -20 TC David Weatherford 300.00 0.2 60.00 6 -05 -20 Draft letter to the Office of the Court Clerk of the 300.00 0.2 60.00 Oklahoma Supreme Court Re: Transmittal of Putative Party's Unopposed Motion for Leave to Respond to Appellee's Petition for Certiorari 62 DATE :DESCRIPTION RATE HOURS CHARGE > 6 -05 -20 Research on Westlaw Re: Termination of attorney's 300.00 2.6 780.00 authority upon death of client; authorities recognizing that any filings following client's death are considered a nullity; necessity of revising (to reflect substitution of Carole Ross as party plaintiff) and resubmitting motions filed prior to Plaintiffs death; continue waiver research; locate and review cases addressing acts constituting affirmative waiver 6 -07 -20 Receipt and review Owasso's Response to Motion to 300.00 0.1 Substitute Party 6 -07 -20 Receipt and review Owasso's Response to Motion for 300.00 0.3 Attorney Fees on Appeal and Appeal - Related Costs; review portion of Campbell decision upon which Owasso relies 6 -22 -20 Receipt (from Oklahoma Supreme Court) and review Order 300.00 0.2 granting Motion to Substitute, directing Ross to respond to Owasso's Petition for Certiorari within 15 days, striking three May 18`h motions submitted on behalf of Patrick Ross, and authorizing client to refile such motions in her own name now that she has been substituted as Plaintiff/Appellant 6 -22 -20 Draft correspondence to Carole Ross (with attachment) Re: 300.00 Oklahoma Supreme Court's Order of June 22, 2020; next steps 6 -29 -20 Draft letter to the Office of the Court Clerk of the 300.00 Oklahoma Supreme Court Re: Transmittal of Plaintiff /Appellant's Motion for Appeal - Related Costs, Appellant's Verified Statement of Costs in Support of Motion for Appeal - Related Costs, and Plaintiff /Appellant's Motion for Motion for Attorney Fees on Appeal 7 -02 -20 Research Re: Owasso's argument as to confidentiality of 300.00 personnel records; review and analyze 1976 Okl. A.G. Opin. 334, Lafalier, Citizens Against Taxpayer Abuse, Cox, OAB, Ward, Progressive Independence, Hensley, Watkins, OPEA, Migliaccio, and Vandelay cases; review 51 O.S. § 24A.5, I Pol. And Prac. § 9.2, 29 Okl. A.G. Opin. 137, and pertinent portions of 169 A.L.R. 653 and cases cited therein 63 30.00 '1 11 . 11 0.5 150.00 0.2 60.00 1.6 480.00 DATE 1DESCRIPTION _RATE HOURS CHARGE 7 -03 -20 Research Re: Miscellaneous; read and analyze NCHF, 300.00 0.8 240.00 Terry, Goble, Peterson, Rose, Sousie, Scottsdale USD, and Ky, Bd. of Examiners cases and 5 U.S.C. § 552 (and selected cases listed in Notes of Decisions thereto) 7 -06 -20 Draft (continue) Answer in Opposition to Petition for 300.00 7.0 Certiorari; continue deep analysis of "balancing test" issue and application of same to 51 O.S. § 24A.7 7 -07 -20 Draft (completed) Answer in Opposition to Petition for 300.00 8.3 Certiorari; proofread; revise and condense; prepare for filing (via courier) (6.5); miscellaneous related research (1.8) 7 -07 -20 Draft e -mail correspondence to David Weatherford (with 300.00 0.2 attachment) Re: Transmittal of Answer in Opposition to Petition for Certiorari; mail physical copy of brief 7 -08 -20 Draft correspondence to Carole Ross (with attachment) Re: 300.00 0.5 Filing of Answer in Opposition to Petition for Certiorari; explain/summarize arguments and address next procedural steps 7 -09 -20 Receipt (from the Supreme Court of Oklahoma) and review 300.00 0.2 Order directing Owasso to respond to Ross' Motion for Attorney Fees on Appeal and Motion for Appeal - Related Costs by 7- 24 -20; calendar deadlines; notify client regarding same 7 -10 -20 Receipt and review correspondence from Margaret 300.00 0.1 McMorrow -Love Re: Oklahoma Municipal League's forthcoming application for leave to file amicus curiae brief in support of Owasso's Petition for Certiorari 7 -10 -20 Research on Westlaw Re: Deadline for filing amicus curiae brief, locate and review 5 Okla. Prac., App. Prac. §§ 5:18 (procedure for filing) & 5:20 (amicus curiae in proceedings on petition for writ of certiorari); application of rule that amicus curiae brief must be filed within the same briefing cycle as governs the actual litigants, and no later than the date upon which the brief whose position is being supported would be due (as same relates to position that an amicus curiae brief must be submitted prior to Owasso filing a reply in support of its Petition for Certiorari) M 300.00 1.2 2,100.00 2,490.00 .1 11 150.00 .1 IP 30.00 .1 11 7 -10 -20 Research on Westlaw Re: Available grounds for objecting to the filing of an amicus curiae brief, locate and review 5 Okla. Prac., App. Prac. §§ 5:14 (addressing prohibition against raising new non jurisdictional facts or issues), 17 (basic qualifications to become amicus curiae) & 23 (avoidance of unnecessary repetition by amicus curiae); read and analyze pertinent decisional authorities cited therein (including Mitchell, Goodwin, Nesbitt, Torres, Davis, Morland, First of McAlester, Okla. City v. State ex rel. Okla. Dept. of Labor, Teleco, and Hayes); review 1B Vernon's Okla. Forms 2d, Civ. Proc. §§ 9.87 -9.89 Re: Time for objecting to application under Okla. Sup. Ct. R. 1.12 to file amicus curiae brief and sample objection 300.00 2.8 7 -10 -20 Draft e -mail correspondence to Margaret McMorrow -Love 300.00 0.1 Re: Ross' objection to Oklahoma Municipal League's forthcoming request for leave to file amicus curiae brief, basis for objection; receipt and review reply from McMorrow -Love 7 -25 -20 Receipt, review, and analyze Application of Oklahoma Municipal League for Leave to File a Statement as Amicus Curiae in Support of Petition for Certiorari (0.2); review and analyze Okla. Sup. Ct. R. 1.12 and authorities applying same (1.8); draft notes re: preliminary impressions and anticipated arguments in opposition to Application (0.5) 7 -25 -20 Research on Westlaw and OSCN /ODCR (in preparation for drafting response in opposition to OML's Application for Leave to File a Statement as Amicus Curiae) Re: Sample briefs opposing applications under Okla. Sup. Ct. R. 1.12; locate and review unpublished orders granting and orders denying leave; analyze grounds cited by Supreme Court for each decision 7 -27 -20 Research on Westlaw Re: Court's discretion to address arguments raised for the first time by amicus curiae; search for reported and unreported cases in which Oklahoma Municipal League sought leave to present arguments as amicus curiae; locate cases on point (including Sequoyah Co. RWD and Tyler); read and analyze briefing submitted and orders issued in same 65 300.00 300.00 300.00 2.5 W 2.1 :111 30.00 750.00 EUI I II 630.00 DATE DESCRIPTION :RATE HOURS CHARGE 7 -28 -20 Draft (begin) Appellant's Response in Opposition to 300.00 1.3 390.00 Oklahoma Municipal League's Application for Leave to File a Statement as Amicus Curiae 7 -29 -20 Receipt (from the Supreme Court of Oklahoma) and review Order granting Oklahoma Municipal League's Application for Leave to File a Statement as Amicus Curiae and authorizing Plaintiff to file response to same within ten days of OML's submission of amicus curiae brief; review Oklahoma Supreme Court Rules and Oklahoma Statutes in effort to determine deadline (if any) for filing amicus curiae brief 8 -28 -20 Receipt and review Statement of Oklahoma Municipal League in Support of Petition for Certiorari; analyze arguments; research on Westlaw Re: Cases expressly distinguishing discretion properly exercised from "no limitations" on a public body's decision - making authority; cases expressly rejecting argument that "budgetary issues" and/or the cost of complying with an Open Records request can alone warrant denial of the request; search for decisions expressly recognizing that while public bodies which unlawfully withhold public records may indeed rack up costly legal bills and incur fee - shifting penalties, compliant public bodies face little to no pecuniary exposure; search for cases holding that absent judicial review and the ability of courts to balance competing interests, public bodies would be free to abuse their discretionary authority unchecked; work on development of responsive arguments; draft preliminary notes regarding same 9 -01 -20 Research on Westlaw Re: Additional authorities addressing legislative acquiescence; search for decisions where principal was applied in context of Title 51; review legislative history of 51 O.S. § 24A.7 and legislative sessions since COCA's ruling in Ross I; application of Okla.Sup.Ct.R. 1.178(a); cases applying prohibition against interpreting sunshine laws in a manner likely to establish "potential evasion loopholes" .P 300.00 [ 11 11 300.00 0.5 3.0 150.00 •11 11 540.00 9 -04 -20 Review (continued) authorities citing and/or construing 5 300.00 3.3 990.00 U.S.C. § 552 and 51 O.S. § 24A.17; read and analyze Merrill, IUPA, Lawson, CATA, Tal, Odom, Hollingshead, Long, Castro, Potter, Anderson, Frydman, Kretchmar, UNITE, and Sampson cases; review pertinent portions of 41 Am. U.L. Rev. 1243 (addressing litigation of issues raised via amicus curiae), 4 Am.Jur.2d Amicus Curiae § 3, 128 Am.Jur. Trials 495, 101 Geo. L.J. 493, 2002 Wis. L.Rev. 1197, and 12 (Spring) Kan. J. L. & Pub. Policy 437; conduct additional research as to whether the cost of complying with an Open Records request can alone warrant its denial 9 -08 -20 Draft (begin) Response in Opposition to Oklahoma 300.00 5.7 1,710.00 Municipal League's Statement in Support of Petition for Certiorari (2.0); related legal research (3.7) 9 -09 -20 Draft (completed) Response in Opposition to Oklahoma 300.00 4.7 1,410.00 Municipal League's Statement in Support of Petition for Certiorari; work on major revisions (primarily to condense, and/or remove arguments to meet page limit requirement) (3.5); conduct related legal research (0.9); proof, finalize, and prepare for filing (0.3) 9 -09 -20 File Response in Opposition to Oklahoma Municipal 300.00 1.0 300.00 League's Statement in Support of Petition for Certiorari; 24 750.00 roundtrip travel between Tulsa and Oklahoma Supreme Court in Oklahoma City (3.5) [NO CHARGE — 2.5] 9 -09 -20 Draft e-mail correspondence to David Weatherford and 300.00 0.3 90.00 Margaret McMorrow -Love (with attachment) Re: Transmittal of Response in Opposition to Oklahoma Municipal League's Statement in Support of Petition for Certiorari; mail physical copies of brief 9 -09 -20 Draft correspondence to Carole Ross Re: Filing of Response 300.00 0.5 150.00 in Opposition to Oklahoma Municipal League's Statement in Support of Petition for Certiorari; address different possible outcomes and plan for proceeding under each; estimated time for ruling 9 -09 -20 TC client Re: Explanation of substantive issues and 300.00 0.4 120.00 procedural posture 67 11 -17 -20 Draft correspondence to Carole Ross Re: Order issued by 300.00 Supreme Court of Oklahoma denying Owasso's Petition for Certiorari 11 -18 -20 Draft Plaintiff's Motion for Attorney Fees Pursuant to 51 300.00 O.S. § 24A.7(B) and Application to Set Hearing on Issue of Reasonableness and accompanying Order Setting Hearing 11 -19 -20 Draft e-mail correspondence to David Weatherford Re: 300.00 Filing of Plaintiffs Motion for Attorney Fees Pursuant to 51 O.S. § 24A.17(B) and Application to Set Hearing on Issue of Reasonableness; possibility of amicable resolution; possibility of stipulation by Owasso on issue of entitlement to the recovery of fees reasonably incurred at the trial court level; receipt and review Weatherford's response; reply to same 12 -10 -20 Communicate with David Weatherford Re: Execution of 300.00 Order Setting Hearing on Plaintiffs Motion for Attorney Fees and Order granting Carole Ross' motion that she be substituted for Patrick Ross as party Plaintiff pursuant to 12 O.S. § 2025(A) 12 -26 -20 Prepare (begin) spreadsheet of fees and expenses incurred 300.00 by Plaintiff in successfully prosecuting district court action and two related appeals against City of Owasso under Oklahoma Open Records Act; review billing records from June 2013 to December 2020 and identify charges incurred in connection with ORA action and pursuit of Fortney Report; remove and/or proportionately reduce charges wholly or partially attributable to peripheral matters having no bearing on ORA dispute; review spreadsheet for time entries (or portions thereof) subject to attorney - client privilege and/or work product privilege and make appropriate redactions /deletions G'f' 0.3 90.00 1.5 450.00 0.2 0.1 .1 ME 30.00 :11 It 12 -27 -20 Draft (continue) spreadsheet of fees and expenses incurred 300.00 6.7 2,010.00 by Plaintiff in successfully prosecuting district court action and two related appeals against City of Owasso under Oklahoma Open Records Act; review (continue) billing records from June 2013 to December 2020 and identify charges incurred in connection with ORA action and pursuit of Fortney Report; remove and/or proportionately reduce charges wholly or partially attributable to peripheral matters having no bearing on ORA dispute; review (continue) for time entries subject to attorney- client privilege and/or work product privilege and make appropriate redactions /deletions 12 -28 -20 Prepare (continue) spreadsheet of fees and expenses 300.00 6.2 1,860.00 incurred by Plaintiff in prosecution of Open Records Act claim 12 -29 -20 (DMG) Research (begin) Re: WDL's prior handling of fee 300.00 1.2 360.00 applications as judge and counsel 12 -30 -20 (DMG) Research (completed) Re: WDL's prior handling of 300.00 2.9 870.00 fee applications as judge and counsel 12 -30 -20 Draft (begin) Affidavit of Christopher L. Camp addressing 300.00 1.8 540.00 reasonableness of attorney fees and expenses using Burk factors (i.e., time and labor required, the customary fee, standard and effective hourly rates, whether fee is fixed or contingent, amount of time and results obtained, novelty and difficulty of questions presented, skill requisite to perform the legal service properly, preclusion of other employment by attorney due to acceptance of case, and experience /reputation/ability of attorney); research on Westlaw Re: Authorities addressing Burk and its progeny, and applying and discussing those factors in determining the reasonableness of each fee award 1 -04 -21 Draft (continue) Affidavit of Christopher L. Camp; revise to 300.00 1.7 510.00 incorporate exact language from decisions supporting maximum fee recovery 1 -05 -21 Prepare (continue) spreadsheet of fees and expenses 300.00 4.0 1,200.00 incurred by Plaintiff in prosecution of Open Records Act claim IM 1 -06 -21 Prepare (completed) spreadsheet of fees and expenses 300.00 3.2 incurred by Plaintiff in prosecution of Open Records Act claim; review all, making miscellaneous adjustments where appropriate; run final calculation of hours and charges (both overall and broken down per task); calculate effective hourly rate; finalize 1 -10 -21 Draft (begin) chart separating and grouping all time entries 300.00 1.9 into task categories using American Bar Association Litigation Code Set (to assist Judge LaFortune in ascertaining total time spent performing various litigation - related tasks) 1 -I1 -21 Research on Westlaw Re: - - identifying and explaining factors courts must consider and applying those factors to circumstances similar to those in the case at bar; 300.00 3.8 1 -I1 -21 Research Re: Oklahoma Open Records Act/Freedom of 300.00 i on Act liti ation statistics as same relates to Burk 1 -12 -21 Draft (completed) Affidavit of Christopher L. Camp 300.00 addressing reasonableness of attorney fees and expenses using Burk factors; related legal research on Westlaw Re: Application of Burk, reasonableness or charge, and recoverability of certain items; proof and finalize for submission to Judge LaFortune and David Weatherford 2 -10 -21 Prepare for attorney fee hearing 300.00 2 -10 -21 (DMG) Prepare for attorney fee hearing 300.00 2 -11 -21 Appear for attorney fee hearing; testify as to reasonableness 300.00 of fee request and present oral arguments WE 2.3 3.7 M.1 11 570.00 1,140.00 .' 1 11 1,110.00 5.0 1,500.00 5.0 1,500.00 3.0 900.00 2 -11 -21 (DMG) Appear for attorney fee hearing; conduct 300.00 examination of CLC as to reasonableness of fee request TOTAL HOURS RECORDED: ITEMIZED DEDUCTIONS & WRITE -OFFS 71 @ 250.00 / hr @ 275.00 / hr @ 300.00 / hr 3.0 900.00 157.5 39,375.00 271.0 74,525.00 199.5 59,850.00 627.8 $173,750.00 @ 250.00 / hr. (19.5) @ 275.00 / hr. (6.4) @ 300.00 / hr. 5.7 (31.6) TOTAL: 596.2 (4,875.00) (1,760.00) (1,710.00) ($8,345.00) $165,405.00 Ross v. City of Owasso, et al. Tulsa County District Court Case No. CV- 2013 -898 Exhibit A•2 Costs Incurred by Plaintiff Ross in Connection with Prosecution of Oklahoma Open Records Act Claim and in Preparing and Presenting Plaintiff's Motion for Attorney Fees and Costs DATE DESCRIPTION 8 -06 -13 CATEGORY: Duplication PAYEE: N/A DESCRIPTION: Copies (4) of Petition (64 pp. /ea. x $0.09) 8 -06 -13 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Petition to client 8 -06 -13 CATEGORY: Court Costs / Filing Fees PAYEE: Tulsa County District Court REF: 2013- 2657611 DESCRIPTION: Filing Fee for Case No. CV- 2013 -898 9 -09 -13 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Appearance of Counsel and Reservation of Time to Answer for Defendant City of Owasso to client 9 -10 -13 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Transfer Order to client 10 -01 -13 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Answer and Counterclaim of Defendant City of Owasso to client 10 -04 -13 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Defendant City of Owasso's Discovery Requests to Plaintiff Patrick D. Ross to client 72 CHARGE 23.04 2.46 140.70 1'. 1 I . 1.P 1 .. DATE DESCRIPTION CHARGE 10 -21 -13 CATEGORY: Duplication 8.82 PAYEE: N/A DESCRIPTION: Copies (4) of Answer to Counterclaim (7 pp. /ea. x $0.09) And copies (5) of Plaintiffs Motion to Strike Affirmative Defenses and to Deem Admitted Portions of Defendant's Answer (14 pp. /ea. x $0.09) 10 -21 -13 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Answer to Counterclaim and Plaintiff's Motion to Strike Affirmative Defenses and to Deem Admitted Portions of Defendant's Answer to client and David Weatherford 11 -19 -13 CATEGORY: Duplication PAYEE: N/A DESCRIPTION: Copy (1) of Defendant City of Owasso's Response to Motion to Strike (27 pp. x $0.09) I1 -19 -13 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Defendant City of Owasso's Response to Motion to Strike to client 11 -27 -13 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Order (denying Motion to Strike) to client 3 -31 -14 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Scheduling Order to client 7 -28 -14 CATEGORY: Duplication PAYEE: N/A DESCRIPTION: Copies (6) of First Amended Petition (69 pp. /ea. x $0.09) 7 -28 -14 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail First Amended Petition to client and David Weatherford 73 2.12 2.43 1'. MA 37.26 5.60 DATE DESCRIPTION CHARGE 8 -11 -14 CATEGORY: Postage 0.70 PAYEE: N/A DESCRIPTION: Mail Answer to Amended Petition and Counterclaim of Defendant City of Owasso to client 12 -02 -14 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Witness and Exhibit List of Defendant City of Owasso to client 12 -17 -14 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail written settlement offer to David Weatherford and client 1 -29 -15 CATEGORY: Duplication PAYEE: N/A DESCRIPTION: Copies (5) of Plaintiff Patrick Ross' Responses to Defendant City of Owasso's Discovery Requests (8 pp. /ea. x $0.09) 1 -29 -15 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Plaintiff Patrick Ross' Responses to Defendant City of Owasso's Discovery Requests to client and opposing counsel/parties 1 -29 -15 CATEGORY: Duplication PAYEE: N/A DESCRIPTION: Copies (6) of Plaintiff Patrick Ross' Witness and Exhibit List (6 pp. /ea. x $0.09) 1 -29 -15 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Plaintiff Patrick Ross' Witness and Exhibit List to client and opposing counsel /parties 3 -18 -15 CATEGORY: Duplication PAYEE: N/A DESCRIPTION: Copy (1) of Defendants' Joint Motion for Protective Order (9 pp. x $0.09) 74 i i . 1': WON 3.24 H&l 1M'. DATE DESCRIPTION CHARGE 3 -18 -15 CATEGORY: Postage 0.71 PAYEE: N/A DESCRIPTION: Mail Defendants' Joint Motion for Protective Order to client 3 -20 -15 CATEGORY: Duplication 0.63 PAYEE: N/A DESCRIPTION: Copy (1) of Agreed Protective Order (7 pp. x $0.09) 3 -20 -15 CATEGORY: Postage 0.49 PAYEE: N/A DESCRIPTION: Mail Agreed Protective Order to client 3 -31 -15 CATEGORY: Duplication 15.30 PAYEE: N/A DESCRIPTION: Copies (5) of Plaintiffs Combined First Set of Interrogatories, Requests for Production, and Requests for Admission to Defendant City of Owasso (34 pp. /ea. x $0.09) 3 -31 -15 CATEGORY: Postage 6.36 PAYEE: N/A DESCRIPTION: Mail Plaintiffs Combined First Set of Interrogatories, Requests for Production, and Requests for Admission to Defendant City of Owasso to client and opposing counsel /parties 7 -30 -15 CATEGORY: Duplication 9.81 PAYEE: N/A DESCRIPTION: Copy (1) of City of Owasso's Answer to Interrogatories, City of Owasso's Response to Requests for Admissions, City of Owasso's Response to Requests for Documents, and accompanying document production (109 pp. x $0.09) 7 -30 -15 CATEGORY: Postage 4.45 PAYEE: N/A DESCRIPTION: Mail City of Owasso's discovery responses and copy of document production to client 8 -31 -15 CATEGORY: Duplication 10.44 PAYEE: N/A 1-0.44 DESCRIPTION: Copies (4) of ROSS -0001 thm ROSS -0058 (58 pp. /ea. x $0.09) [NO CHARGE - $10.44 (Wilkes and Reiss copies)) 75 DATE DESCRIPTION CHARGE 8 -31 -15 CATEGORY: Postage 3.18 PAYEE: N/A 344 DESCRIPTION: Mail ROSS -0001 thru ROSS -0058 to client and opposing counsel /parties [NO CHARGE - $3.18 (Wilkes and Reiss copies)] 9 -28 -15 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail mediation statement to David Weatherford and client 10 -08 -15 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Partial Dismissal with Prejudice and Stipulation to client 11 -09 -15 CATEGORY: Miscellaneous PAYEE: Mediators and Arbitrators of Oklahoma, LLC REF: 14 -1502 DESCRIPTION: Mediation fee 11 -13 -15 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Scheduling Order to client 1 -18 -16 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Witness and Exhibit List of Defendant City of Owasso to client 2 -22 -16 CATEGORY: Duplication PAYEE: N/A DESCRIPTION: Copy (1) of Owasso's Motion for Summary Judgment and Brief in Support Thereof (23 pp. x $0.09) 2 -22 -16 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Owasso's Motion for Summary Judgment and Brief in Support Thereof to client and David Weatherford 76 M11 I 1 11 HMO. 0.47 2.07 1.31 DATE DESCRIPTION CHARGE 3 -04 -16 CATEGORY: Duplication 1.80 PAYEE: N/A DESCRIPTION: Copies (5) of Plaintiffs Unopposed Application to Enlarge Deadline for Responding to Defendant's Motion for Summary Judgment and Discovery Deadline (4 pp. /ea. x $0.09) 3 -04 -16 CATEGORY: Postage 0.94 PAYEE: N/A DESCRIPTION: Mail Plaintiffs Unopposed Application to Enlarge Deadline for Responding to Defendant's Motion for Summary Judgment and Discovery Deadline to client and David Weatherford 3 -14 -16 CATEGORY: Postage 0.47 PAYEE: N/A DESCRIPTION: Mail letter to David Weatherford 4 -23 -16 CATEGORY: Duplication 20.79 PAYEE: N/A DESCRIPTION: Original copy of Lombardi deposition exhibits (231 pp. x $0.09) 4 -24 -16 CATEGORY: Duplication 160.38 PAYEE: Copy -Scan & More, LLC REF: 32021 DESCRIPTION: Copies of Lombardi deposition exhibits 5 -16 -16 CATEGORY: Duplication 1.35 PAYEE: N/A DESCRIPTION: Copies (5) of Plaintiffs Unopposed Application to Enlarge Deadline for Responding to Defendant's Motion for Summary Judgment (3 pp. /ea. x $0.09) 5 -16 -16 CATEGORY: Postage 0.94 PAYEE: N/A DESCRIPTION: Mail Plaintiff's Unopposed Application to Enlarge Deadline for Responding to Defendant's Motion for Summary Judgment to client and David Weatherford 5 -20 -16 CATEGORY: Transcription 683.60 PAYEE: Racbael A. Roper, CSR REF: 2698 DESCRIPTION: Deposition of Julie Lombardi (taken 4- 25 -16) 77 DATE DESCRIPTION CHARGE 5 -27 -16 CATEGORY: Duplication 1.80 PAYEE: N/A DESCRIPTION: Copies (5) of Plaintiff's Unopposed Application to File Brief in Response to Defendant's Motion for Summary Judgment and Exhibits Thereto Under Seal (4 pp. /ea. x $0.09) 5 -27 -16 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Plaintiff's Unopposed Application to File Brief in Response to Defendant's Motion for Summary Judgment and Exhibits Thereto Under Seal to client and David Weatherford 6 -02 -16 CATEGORY: Duplication PAYEE: N/A DESCRIPTION: Copies (5) of Plaintiff Patrick Ross' Response in Opposition to Defendant City of Owasso's Motion for Summary Judgment (150 pp. /ea. x $0.09) 6 -03 -16 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Plaintiff Patrick Ross' Response in Opposition to Defendant City of Owasso's Motion for Summary Judgment to client and David Weatherford 6 -17 -16 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Order (granting Defendant City of Owasso's Motion for Summary Judgment) to client 7 -13 -16 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Journal Entry of Judgment (granting Defendant City of Owasso's Motion for Summary Judgment) to client 7 -18 -16 CATEGORY: Duplication PAYEE: N/A DESCRIPTION: Copies (5) of Plaintiff's Unopposed Application to Permit Court Clerk to Access Sealed Filing for Purpose of Certifying Record on Accelerated Appeal Pursuant to Okla.Sup.Ct.R. 1.36 (5 pp. /ea. X $0.09) M I 67.50 10.60 0.47 0.47 2.25 DATE DESCRIPTION CHARGE 7 -18 -16 CATEGORY: Postage 0.47 PAYEE: N/A DESCRIPTION: Mail Plaintiff's Unopposed Application to Permit Court Clerk to Access Sealed Filing for Purpose of Certifying Record on Accelerated Appeal Pursuant to Okla.Sup.Ct.R. 1.36 to David Weatherford 7 -19 -16 CATEGORY: Court Costs / Filing Fees 8.50 PAYEE: Tulsa County Court Clerk REF: 2016-3376247 DESCRIPTION: Court Clerk's fee for certification of appellate record 7 -28 -16 CATEGORY: Duplication 498.16 PAYEE: Copy -Scan & More, LLC DESCRIPTION: Copying and binding of Record on Accelerated Appeal and Item No. 16 (filed under seal) 7 -29 -16 CATEGORY: Duplication 29.07 PAYEE: N/A DESCRIPTION: Copies (19) of Petition in Error (17 pp. /ea. x $0.09) 7 -29 -16 CATEGORY: Supplies 32.87 PAYEE: Office Depot DESCRIPTION: Special envelopes for filing documents under seal 7 -29 -16 CATEGORY: Court Costs / Filing Fees 200.00 PAYEE: Oklahoma Supreme Court REF: 66884 DESCRIPTION: Filing Fee for SD- 115,210 7 -29 -16 CATEGORY: Delivery 176.00 PAYEE: Darrell's Package Express, LLC DESCRIPTION: Courier to Oklahoma Supreme Court 8 -17 -16 CATEGORY: Postage 0.47 PAYEE: N/A DESCRIPTION: Mail City of Owasso's Response to Petition in Error to client 2 -08 -17 CATEGORY: Postage 0.49 PAYEE: N/A DESCRIPTION: Mail Motion to Enter Judgment Pursuant to Mandate of Appellate Courts to client 79 DATE DESCRIPTION CHARGE 2 -10 -17 CATEGORY: Duplication 2.70 PAYEE: N/A DESCRIPTION: Copies (5) of Plaintiff Patrick Ross' Combined Response in Opposition to Defendant City of Owasso's Motion to Enter Judgment and Motion for Scheduling Conference (6 pp. /ea. x $0.09) 2 -10 -17 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Plaintiff Patrick Ross' Combined Response in Opposition to Defendant City of Owasso's Motion to Enter Judgment and Motion for Scheduling Conference to client and David Weatherford 5 -15 -17 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Scheduling Order to client 7 -17 -17 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Witness and Exhibit List of Defendant City of Owasso to client 7 -28 -17 CATEGORY: Duplication PAYEE: N/A DESCRIPTION: Copies (5) of Application to Enlarge Scheduling Order (7 pp. /ea. x $0.09) 7 -28 -17 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Plaintiff Patrick Ross' Combined Response in Opposition to Defendant City of Owasso's Motion to Enter Judgment and Motion for Scheduling Conference to client and David Weatherford 8 -24 -17 CATEGORY: Postage PAYEE: NIA DESCRIPTION: Mail Agreed Amended Scheduling Order to client 11 -17 -17 CATEGORY: Transcription PAYEE: Bailey Reporting & Video, Inc. REF: Invoice not numbered DESCRIPTION: Deposition of Sherry Bishop (taken 11- 02 -17) M o .. I.. 3.15 1.40 M 767.75 DATE DESCRIPTION CHARGE 4 -23 -18 CATEGORY: Duplication 1.35 PAYEE: N/A DESCRIPTION: Copies (5) of Unopposed Application for One -Day Enlargement of Supplemental Briefing Deadline (3 pp. /ea. x $0.09) 4 -23 -18 CATEGORY: Postage 0.50 PAYEE: N/A DESCRIPTION: Mail Unopposed Application for One -Day Enlargement of Supplemental Briefing Deadline to David Weatherford 4 -24 -18 CATEGORY: Duplication 1.80 PAYEE: N/A DESCRIPTION: Copies (5) of Application to File Certain Exhibits Supporting Supplemental Brief Under Seal (4 pp. /ea. x $0.09) 4 -24 -18 CATEGORY: Postage 0.50 PAYEE: N/A DESCRIPTION: Mail Application to File Certain Exhibits Supporting Supplemental Brief Under Seal to David Weatherford 4 -25 -18 CATEGORY: Postage 0.65 PAYEE: N/A DESCRIPTION: Mail City of Owasso's Supplemental Brief in Support of Motion to Enter Judgment Pursuant to Mandate of Appellate Courts to client 4 -27 -18 CATEGORY: Duplication 82.35 PAYEE: N/A DESCRIPTION: Copies (5) of Plaintiff Patrick Ross' Supplemental Brief and Motion for Judgment against Defendant City of Owasso for Its Violation of the Open Records Act (183 pp. /ea. x$0.09) 4 -27 -18 CATEGORY: Postage 9.70 PAYEE: N/A DESCRIPTION: Mail Unopposed Application far One -Day Enlargement of Supplemental Briefing Deadline to client and David Weatherford 5 -09 -18 CATEGORY: Court Costs / Filing Fees PAYEE: Tulsa County Court Clerk REF: 2018- 3760568 DESCRIPTION: Court reporter charge E31 20.00 DATE DESCRIPTION 5 -30 -18 CATEGORY: Duplication PAYEE: N/A DESCRIPTION: Copies (5) of Second Supplemental Brief Supporting Plaintiff Patrick Ross' Motion for Judgment against Defendant City of Owasso for Its Violation of the Open Records Act (12 pp. /ea. x $0.09) 5 -30 -18 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Unopposed Application for One -Day Enlargement of Supplemental Briefing Deadline to client and David Weatherford 6 -05 -18 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Decision Entering Judgment Pursuant to Mandate of Appellate Courts to client 6 -12 -18 CATEGORY: Duplication PAYEE: N/A DESCRIPTION: Copies (5) of Plaintiff Patrick Ross' Motion to Reconsider, Vacate, and /or Mods the Court's June I" Decision Entering Judgment (40 pp. /ea. x $0.09) 6 -12 -18 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Plaintiff Patrick Ross' Motion to Reconsider, Vacate, and /or Mods the Court's June 1" Decision Entering Judgment to client and David Weatherford 6 -27 -18 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail City Reconsider, Vacate, and /or Entering Judgment to client of Owasso's Response to Motion to Modify the Court's June I" Decision 7 -12 -18 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Order (denying Plaintiffs Motion to Reconsider) to client CHARGE 5.40 1.30 0.50 EMU 11 NM 0.50 J.0 8 -14 -18 CATEGORY: Court Costs / Filing Fees 21.00 PAYEE: Tulsa County Court Clerk REF: 2018-3811293 DESCRIPTION: Court Clerk's charge for certification of appellate record r% DATE DESCRIPTION 8 -17 -18 CATEGORY: Duplication PAYEE: Copy -Scan & More, LLC REF: 822824900011 DESCRIPTION: Binding of Record on Accelerated Appeal and Item No. 16 (filed under seal) 8 -20 -18 CATEGORY: Delivery PAYEE: FedEx Office REF: 920206422266 DESCRIPTION: Overnight delivery of Petition in Error and Record on Accelerated Appeal to Oklahoma Supreme Court 8 -21 -18 CATEGORY: Duplication PAYEE: N/A DESCRIPTION: Copies (19) of Petition in Error (20 pp. /ea. x $0.09) 12 -01 -18 CATEGORY: Computerized Research PAYEE: Thomson Reuters/Westlaw REF: Account 1005251149 DESCRIPTION: Search charges (prorated for Ross) — Nov. 2018 1 -01 -19 CATEGORY: Computerized Research PAYEE: Thomson Reuters/Westlaw REF: Account 1005251149 DESCRIPTION: Search charges (prorated for Ross) — Dec. 2018 1 -01 -20 CATEGORY: Computerized Research PAYEE: Thomson Reuters/Westlaw REF: Account 1005251149 DESCRIPTION: Search charges (prorated for Ross) — Dec. 2019 2 -01 -20 CATEGORY: Computerized Research PAYEE: Thomson Reuters/Westlaw REF: Account 1005251149 DESCRIPTION: Search charges (prorated for Ross) — Jan. 2020 5 -18 -20 CATEGORY: Court Costs / Filing Fees PAYEE: Tulsa County District Court REF: 2020-4092320 DESCRIPTION: Filing Fee for Case No. PB- 2020 -340 M. CHARGE 28.49 KU-0 34.20 MW 7.47 10.52 214.14 DATE DESCRIPTION CHARGE 6 -01 -20 CATEGORY: Computerized Research 265.45 PAYEE: Thomson Reuters/Westlaw REF: Account 1005251149 DESCRIPTION: Search charges (prorated for Ross) — May 2020 6 -29 -20 CATEGORY: Duplication 6.75 PAYEE: N/A DESCRIPTION: Copies (5) of Motion to Substitute Party (15 pp. /ea. x $0.09) 6 -29 -20 CATEGORY: Postage 1.70 PAYEE: N/A DESCRIPTION: Mail Motion to Substitute Party to client and David Weatherford 7 -01 -20 CATEGORY: Computerized Research 9.28 PAYEE: Thomson Reuters/Westlaw REF: Account 1005251149 DESCRIPTION: Search charges (prorated for Ross) — Jun. 2020 8 -01 -20 CATEGORY: Computerized Research 96.64 PAYEE: Thomson Reuters/Westlaw REF: Account 1005251149 DESCRIPTION: Search charges (prorated for Ross) — Jul. 2020 10 -01 -20 CATEGORY: Computerized Research 76.56 PAYEE: Thomson Reuters/Westlaw REF: Account 1005251149 DESCRIPTION: Search charges (prorated for Ross) — Sep. 2020 11 -16 -20 CATEGORY: Duplication 2.70 PAYEE: N/A DESCRIPTION: Copies (5) of Plaintiff's Motion for Attorney Fees Pursuant to 51 O.S. § 24A. 7(B) and Application to Set Hearing on Issue of Reasonableness (6 pp. /ea. x $0.09) 11 -16 -20 CATEGORY: Postage 1.70 PAYEE: N/A DESCRIPTION: Mail Plaintiffs Motion for Attorney Fees Pursuant to 51 O.S. § 24A. 7(B) and Application to Set Hearing on Issue of Reasonableness to client and David Weatherford M DATE DESCRIPTION 12 -10 -20 CATEGORY: Postage PAYEE: N/A DESCRIPTION: Mail Order Setting Hearing to David Weatherford 1 -01 -21 CATEGORY: Computerized Research PAYEE: Thomson Reuters/Westlaw REF: Account 1005251149 DESCRIPTION: Search charges (prorated for Ross) — Dec. 2020 TOTAL: M CHARGE 0.55 7.95 $4,887.60