IN THE SUPREME COURT OF OHIO STATE EX REL. MARK A. …supremecourt.ohio.gov/pdf_viewer/pdf_viewer.aspx?pdf=852897.pdf · efforts, including Relators’ extensive efforts to resolve

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IN THE SUPREME COURT OF OHIO

STATE EX REL. MARK A. HARRIS, et al., : : Relators, : Case No. 2018-1129 : v. : Original Action in Mandamus : MATT RUBINO, et al. : Expedited Election Matter : Under S.Ct.Prac.R. 12.08 Respondents. :

RELATORS’ ITEMIZED APPLICATION FOR ATTORNEYS’ FEES, COSTS, AND EXPENSES

Jordan Berns (0047404) Majeed G. Makhlouf (0073853) (Counsel of Record) BERNS, OCKNER & GREENBERGER, LLC 3733 Park East Drive, Suite 200 Beachwood, Ohio 44122 Phone: (216) 831-8838 Fax: (216) 464-4489 [email protected] [email protected] Donald J. McTigue (0022849) J. Corey Colombo (0072398) Derek S. Clinger (0092075) Ben F.C. Wallace (0095911) MCTIGUE & COLOMBO LLC 545 East Town Street Columbus, Ohio 43215 Phone: (614) 263-7000 Fax: (614) 263-7078 [email protected] [email protected] [email protected] [email protected] Counsel for Relators

Thomas G. Lobe (0001346) Law Director-City of Solon The Rockefeller Building, Suite 1300 614 West Superior Avenue Cleveland, Ohio 44113 Phone: (440) 725-5410 [email protected] Lon D. Stolarsky (0023711) 5333 Northfield Rd., Suite 250 Bedford Heights, Ohio 44146 Phone: (216)-694-3028 Fax: 800-694-3028 [email protected] Todd D. Cipollo (0069043) TODD D. CIPOLLO CO. LPA The Rockefeller Building, Suite 1300 614 West Superior Avenue Cleveland, Ohio 44113 Phone: (216) 644-7450 Fax: (216) 664-6999 [email protected] Counsel for Respondents Matt Rubino, Solon City Council, and City of Solon

Supreme Court of Ohio Clerk of Court - Filed September 17, 2018 - Case No. 2018-1129

mailto:[email protected]



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Michael C. O’Malley (005952) Prosecuting Attorney of Cuyahoga County Brendan R. Doyle (0078505) Assistant Prosecuting Attorney The Justice Center, Courts Tower – 8th Floor 1200 Ontario Street Cleveland, Ohio 44113 Phone: (216) 443-7795 Fax: (216) 443-7602 [email protected] Counsel for Respondent Board

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Pursuant to this Court’s September 7, 2018 Entry, Relators hereby submit this application

for attorneys’ fees and costs. In addition to the affidavits of counsel and the spreadsheets containing

itemized billing, Relators submit the Affidavit of Thomas J. Scanlon, Esq. attesting to the

reasonableness of the hourly rates and the hours billed in accordance with the Court’s instruction

for Relators to submit independent evidence supporting the reasonableness of the hourly rates and

the hours billed.

The case was co-prosecuted by attorneys at the law firms of Berns, Ockner & Greenberger,

LLC (“BOG”) and McTigue and Colombo, LLC (“M&C”). The attorneys of record on the case at

BOG are Majeed G. Makhlouf and Jordan Berns. Attorneys Sheldon Berns and Benjamin Ockner

were also involved in the case and assisted with strategy, analysis, and revision of documents.

Attorney Robert McDowall also provided research support. The attorneys of record at M&C are

Donald J. McTigue, Derek S. Clinger, and Ben F.C. Wallace.

Where a judicial determination is required to fix the amount of attorney’s fees, the

determining factor is the reasonable value of the services. In re Estate of Hickok, 159 Ohio St. 282

(1953). The undersigned counsel have considered each of the factors described in Rule 1.5 of the

Ohio Rules of Professional Conduct and R.C. 149.43 in their review and submittal of this bill. The

work that is described in the itemized lists were reasonable and necessary to obtain the writ issued

in this matter.

To account for the eight pages of Relators’ reply brief that were stricken, the legal fees for

time spent on the reply brief were reduced by 28.57%. This percentage is based on the proportion

of stricken pages in the reply brief, i.e. 8, to the total number of pages in the reply brief as filed

with the Court, i.e. 28. The result is that the legal fees for time spent on the reply brief reflect the

amount of time spent for twenty pages.

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The fees, costs, and expenses are summarized as follows:

- A. Attorneys’ Fees:

BOG Attorneys’ Fees: $75,357.50

M&C Attorneys’ Fees: $36,915.00

Total Attorneys’ Fees before Reduction: $112,272.50

BOG Reduction for 8 pages in Reply: ($3,815.00)

M&C Reduction for 8 pages in Reply: ($2,285.00)

Total Attorneys’ Fees after Reduction: $106,172.50

- B. Costs and Expenses:

Court Filing Fees: $200.00

Court Reporter Costs (Veritext Invoices): $942.50

Other Costs/Expenses: $114.15

Total Costs and Expenses: $1,256.65

Total Attorneys’ Fees and Costs after reduction for 8 pages: $107,429.15

In view of the amount of the fees, costs, and expenses, and the circumstances of these

efforts, including Relators’ extensive efforts to resolve the matter without instituting litigation,

Relators submit the attached itemized lists for legal fees and costs as reasonable and should be

paid by Respondents Solon Finance Director, Solon City Council, and the City of Solon.

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Respectfully submitted,

/s/ Majeed G. Makhlouf_______________ Jordan Berns (0047404) Majeed G. Makhlouf (0073853) (Counsel of Record) BERNS, OCKNER & GREENBERGER, LLC 3733 Park East Drive, Suite 200 Beachwood, Ohio 44122 Phone: (216) 831-8838 Fax: (216) 464-4489 [email protected] [email protected]

/s/ Donald J. McTigue_______________ Donald J. McTigue (0022849) J. Corey Colombo (0072398) Derek S. Clinger (0092075) Ben F.C. Wallace (0095911) MCTIGUE & COLOMBO LLC 545 East Town Street Columbus, Ohio 43215 Phone: (614) 263-7000 Fax: (614) 263-7078 [email protected] [email protected] [email protected] [email protected]




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CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing was sent via e-mail communication

pursuant to S.Ct.Prac.R. 12.08(C) to the following on this the 17th day of September, 2018:

Thomas G. Lobe, [email protected]; Lon D. Stolarsky, [email protected]; Todd D.

Cipollo, [email protected]; Brendan R. Doyle, [email protected].

/s/ Majeed G. Makhlouf_____________ Majeed G. Makhlouf (0073853)

BERNS, OCKNER & GREENBERGER, LLC

Douglas V. Bartman Jordan Berns Sheldon Berns Paul M. Greenberger Majeed G. Makhlouf* Benjamin J. Ockner

Attorneys at Law 3733 Park East Drive – Suite 200

Beachwood, Ohio 44122 Telephone (216) 831-8838

Fax (216) 464-4489

www.bernsockner.com

Robert T. McDowall, Jr., Of Counsel

*Also admitted in New York and D.C.

Date

Attorney Explanation Time Fees

7/2/18 M. Makhlouf Attention to Councilman J. Zelwin's comments at Council meeting; regarding subjection of proposed ordinance to three readings before Council.

.2 x 350 $70.00

7/3/18 M. Makhlouf Consultation with Don McTigue re engagement and if he concurs that duty to certify is on finance director rather than Council and infirmity with council's potential course of action submitting proposed ordinance to three readings; analyze course of action accordingly; confirm engagement of McTigue law firm and send information for his review re past practice and council meeting comments.

.8 x 350 $280.00

7/3/18 J. Berns Watch video of Councilman J. Zelwin's comments at July 2 Council meeting and analyze strategy and course of action as a result of same.

.4 x 350 $140.00

7/4/18 M. Makhlouf Review engagement letter from Don McTigue; Analyze course of action.

.2 x 350 $70.00

7/5/18 M. Makhlouf Prepare additional information for Don McTigue with questions; Emails with Don McTigue re: same and status of engagement letter.

.5 x 350 $175.00

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Date


7/9/18 J. Berns Analyze course of action regarding issues relating to subjection of ordinance placing initiative petition on ballot to three readings before City Council; discussion with Assistant Clerk of Council to obtain ordinances passed by City Council placing other zoning ordinances proposed by initiative petition on ballot,review those ordnances to confirm that they were not subjected to three readings before City Council, and forward same to D. McTigue and M. Makhlouf and for analysis.

1.6 x 350 $560.00

7/9/18 M. Makhlouf Coordinate phone conference with Don McTigue and his research questions; Review materials re: City's history with initiative petition ordinances.

.3 x 350 $105.00

7/10/18 M. Makhlouf Review memorandum from Don McTigue; Prepare for and attend team phone conference with Don McTigue team; Analyze status and course of action accordingly.

1.8 x 350 $630.00

7/10/18 J. Berns Read memo from D. McTigue and D. Clinger re Article XIV of Solon Charter and legal defects in same, and discuss same with M. Makhlouf; team telephone conference regarding memo and legal challenges; analyze course of action re tonight's Planning Commission.

2.2 x 350 $770.00

7/13/18 M. Makhlouf Review second memo from Don McTigue re legal challenges; Analyze status and course of action.

.3 x 350 $105.00

7/13/18 J. Berns Read second memo from D. McTigue re legal challenges.

.7 x 350 $245.00

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Date


7/16/18 M. Makhlouf Attention to status; Conference with Jordan Berns re: same; Emails with Don McTigue re: course of action.

.3 x 350 $105.00

7/16/18 J. Berns Analysis of City Council's anticipated subjection of ordinance to three readings; discussion with Law Director regarding illegality of Council's anticipated action, and follow up legal research regarding same; discussion with A. Melamed regarding news reports re initiative petition and regarding reports re three-reading requirement and strategic issues relating to challenge to same; follow up discussion with M. Makhlouf re all of the foregoing and re need for conference call with D. McTigue to further discuss strategy.

2 x 350 $700.00

7/17/18 M. Makhouf Prepare for and phone conference with Don McTigue and Jordan Berns re: status and course of action and letter to City Law Director.

1 x 350 $350.00

7/17/18 J. Berns Discussion with D. McTigue and M. Makhlouf regarding strategyfor letter to City law directorre invalidity of Article XIV ofCharter and challenging three-reading requirement.

1 x 350 $350.00

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Date


7/18/18 M. Makhlouf Attention to issues with publicity re: 3-reading requirement and response to same; Conference with Sheldon Berns re: same; Attend team phone conference re: status and course of action; Follow up with Jordan Berns and Don McTigue re: taxpayer demand letter and inclusion of City's past practice in the letter; Attention to communications with Alan Melamed re: past ordinance by City; Review proposed taxpayer demand letter from Don McTigue and conference with Jordan Berns re: same and revisions.

1.7 x 350 $595.00

7/18/18 J. Berns Discussion with team re legal challenge to city's actions; read draft of taxpayer deman letter to Law Director prepared by D. McTigue, discuss same with M. Makhlouf, and revise same.

1.2 x 350 $420.00

7/19/18 J. Berns Discussion with team re draft of taxpayer demand letter to City law director, review 2011 and 2016 council meeting minutes in connection with same, revise draft letter, and send revised draft to D. McTigue and D. Clinger for review and further revisions; analysis of constitutional issues re city's actions; team conference call re strategy and course of action and revisions to taxpayer demand letter to City law director and strategic issues re court action if taxpayer demand is rejected.

2.3 x 350 $805.00

7/19/18 M. Makhlouf Team phone conference regarding course of action and taxpayer demand; Revise taxpayer demand letter to City law director; Analyze course of action and strategic matters.

2 x 350 $700.00

5

Date


7/20/48 J. Berns Read most recent draft of taxpayer demand letter to City law director, note revisions needed to same, discuss revisions with M. Makhlouf.

.7 x 350 $245.00

7/20/18 M. Makhlouf Continue revising and finalizing letter to Law Director; Serve taxpayer demand letter on City law director; Update team regarding same.

1.5 x 350 $525.00

7/23/18 M. Makhlouf Confer with J. Berns regarding City's release of taxpayer demand letter to press; Attention to City's release of taxpayer demand letter to HOA; Analyze course of action; Multiple emails regarding same.

.5 x 350 $175.00

7/25/18 M. Makhlouf Emails with Don McTigue and Derek Clinger regarding preparation of complaint.

.1 x 350 $35.00

7/26/18 M. Makhlouf Analysis of language in Ohio Constitution on reservation of initiative rights and means of presentation of argument, and draft language re same; Analyze course of action.

.5 x 350 $175.00

7/31/18 J. Berns Read letter from T. Lobe responding to taxpayer demand letter, team phone conference re same; analysis re same.

1.5 x 350 $525.00

7/31/18 M. Makhlouf Review letter from Tom Lobe responding to taxpayer demand letter; Analyze strategy and course of action.

.9 x 350 $315.00

8/1/18 J. Berns Further review of T. Lobe's letter; attention to preparaton of response to same.

2 x 350 $700.00

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Date


8/1/18 M. Makhlouf Participate in phone conference with Don McTigue team re response to City's letter; Revise draft response from Don McTigue; Follow-up phone conference and emails with team re: course of action.

1.8 x 350 $630.00

8/2/18 J. Berns Finalize letter to T. Lobe; attention to strategic matters; upon seeing that City Council held special council meeting today on notice posted 7/31 (the same day as Board of Elections certified petitions), drafted and sent email to T. Lobe asking if ordinance placing rezoning was on the agenda for first reading.

2 x 350 $700.00

8/2/18 M. Makhlouf Revisions to reply letter to Tom Lobe; Multiple emails with Don McTigue re same and course of action; Attention to City's organization of special meeting and emails whether City included initiative ordinance on the agenda.

1.2 x 350 $420.00

8/3/18 J. Berns Discussions with team regarding City Council's presumed failure to consider ordinance placed initiative proposed zoning ordinance on ballot at its special meeting yesterday; analysis and research in connection with complaint for writ of mandamus against City officials.

2.2 x 350 $770.00

8/3/18 M. Makhlouf Analyze constitutional arguments with J. Berns; Analyze strategy and course of action.

1.3 x 350 $455.00

8/5/18 M. Makhlouf Revise complaint drafted by DonMcTigue.

.5 x 350 $175.00

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Date


8/6/18 J. Berns Read and begin revising draft of complaint for mandamus sent by D. McTigue and discuss same with M. Makhlouf; discussion with T. Lobe regarding whether ordinance will be approved on emergency basis with waiver of three-reading requirement and related issues; discussion with M. Makhlouf regarding tonight's council meeting; prepare for council meeting by outlining statement to be made during public comment portion and reviewing correspondence and other documents relating to dispute with City over its obligation to put initiative proposed zoning ordinance on the ballotfor the 11/6/18 election; attend City Council caucus and meeting, at which council placed ordinance on first reading only; analysis in light of city's conduct.

6.8 x 350 $2,380.00

8/6/18 M. Makhlouf Revise Complaint with Jordan Berns; Attention to City's placement of ordinance as an emergency measure; Attention to proceedings at Council where ordinance was only placed on first reading.

4.5 x 350 $1,575.00

8/6/18 B. Ockner Reviewed draft of mandamus complaint and suggested revisions to same.

1.1 x 325 $357.50

8/7/18 J. Berns Continue to work with M. Makhlouf to revise complaint for writ of mandamus; discussion with D. Clinger re issues relating to complaint and filing of same; circulate revised draft of complaint for review and comment.

6.7 x 350 $2,345.00

8/7/18 M. Makhlouf Continue revisions to complaint; Discussions with co-counsel to prepare complaint for filing; Analyze strategy and course of action.

7 x 350 $2,450.00

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Date


8/8/18 J. Berns Continue preparing Complaint and discussions with team re same, and attention to filing of Complaint.

3 x 350 $1,050.00

8/8/18 M. Makhlouf Continue revising Complaint and preparing for filing; Revise Affidavit in suport of Complaint; Multiple emails with clients and co-counsel regarding same.

5 x 350 $1,750.00

8/8/18 R. McDowall At request of M. Makhlouf review portion of argument in Complaint; work with B. Ockner to E-file brief with Supreme Court, follow up emails with M. Makhlouf and J. Berns.

.8 x 250 $200.00

8/8/18 S. Berns Reviewed drafts of Mandamus Complaint and worked with J. Berns and M. Makhlouf on revisions to same.

3.5 x 450 $1,575.00

8/8/18 B. Ockner Reviewed mandamus complaint and changes suggested by McTigue firm; correspondence with McTigue firm regarding complaint; worked on affidavit; conference with S. Berns re changes to complaint and strategy; finalized complaint for mandamus; reviewed Motion to Establish Security and finalized same for filing; attention to filing Complaint and Motion; correspondence to clients re complaint and motion; correspondence to city counsel and board of elections re same.

2 x 325 $650.00

8/9/18 J. Berns Discussions with M. Makhlouf and B. Ockner regarding public records to be requested from City in connection with relators' evidence in support of merit brief; finalize public records request to City and send same.

1.7 x 350 $595.00

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Date


8/10/18 J. Berns Correspond with M. Rubino re public records request and production of documents by City in response to same.

.2 x 350 $70.00

8/13/18 J. Berns Correspond with M. Rubino re public records to be produced by City; message to Cuyahoga County Assistant Prosecutor B. Doyle with M. Makhlouf regarding rationale for naming Board of Elections as a respondent in Complaint, discussion with B. Doyle re same and re his request for voluntary dismissal of Board of Elections, discuss same with D. Clinger, and follow up discussion with B. Doyle.

.8 x 350 $280.00

8/13/18 M. Makhlouf Attention to public records request and emails with Matt Rubino regarding same; attention to message from Brendan Doyle at Cuyahoga County Prosecutor's Office; Phone conference with J. Berns regarding same; Message to B. Doyle with J. Berns; Analyze course of action.

.3 x 350 $105.00

8/15/18 J. Berns Begin drafting statement of facts to be included in Merit Brief; watch video of J. Zelwin's comments at 7/2 meeting and identify portions of video to be transcribed and offered as evidence in support of Merit Brief; correspond with M. Rubino re response to public records request; gather and review additional evidentiary materials including rezoning application, council and planning commission minutes.

6.7 x 350 $2,345.00

10

Date


8/15/18 M. Makhlouf Work on preparation of Relators' Evidence; Attention to videos and comments from Councilman Zelwin; Review draft statement of facts prepared by J. Berns and suggest revisions to same; Analyze arguments for Merit Brief.

3.2 x 350 $1,120.00

8/16/18 J. Berns Attention to statement of facts in Relators' Merit Brief; discussions with M. Makhlouf regarding brief and supporting evidence and strategic issues relating to same; read M. Makhlouf's revisions to proposed statement of facts to be included in brief, revise same and circulate for review and comment; discussion with T. Lobe regarding briefing schedule and response to public records request.

2 x 350 $700.00

8/16/18 M. Makhlouf Confer with J. Berns re Merit Brief and arguments; Continue working on Relators' Evidence.

1 x 350 $350.00

8/17/18 J. Berns Discussion with City Clerk of Council re documents to be produced in response to public records request; discussions with M. Makhlouf and S. Berns re strategy for merit brief and for presentation of arguments in same; review documents produced by City in response to public records request with M. Makhlouf and discussion with City Clerk of Council to arrange for certified copies of certain of same to be provided; read City Respondents' Answer, discuss same with M. Makhlouf and with M. Makhlouf, D. McTigue, and D.Clinger, including discussion of its impact on arguments to be made in merit brief.

6.2 x 350 $2,170.00

11

Date


8/17/18 M. Makhlouf Confer with J. Berns and S. Berns regarding strategy and course of action; Work on Relators' Evidence; Phone conference with Chuck Riehl, S. Berns, and J. Berns regarding City's past ordinances and send copy of past ordinance to C. Riehl to get history on it; Read City's Answer to the Complaint; Confer with McTigue team and J. Berns regarding course of action on briefing in light of admissions made in the Answer.

5 x 350 $1,750.00

8/18/18 J. Berns Read draft of brief and work with M. Makhlouf on revisions to same; review timeline and related documents supplied by Client for consideration to beincluded in statement of facts included to be in brief.

6 x 350 $2,100.00

8/18/18 M. Makhlouf Review draft of Relator's Brief prepared by D. McTigue; Analyzenecessary revisions to same to complete brief; Work on revising and completing brief.

6.5 x 350 $2,275.00

8/19/18 M. Makhlouf Work on Relator's Brief; Phone Conference and Emails with D. McTigue, D. Clinger, and J. Berns.

9.2 x 350 $3,220.00

8/19/18 J. Berns Continue preparation of merit brief with M. Makhlouf, discussion with D. McTigue and D. Clinger re same, and work with M. Makhlouf on preparation of affidavits and gathering and organizing exhibits to same.

9.2 x 350 $3,220.00

8/20/18 M. Makhlouf Multiple phone conferences with team and J. Berns to finalize brief and evidence; Finalize brief, evidence, and appendix and ensure filing with the Court; Serve filed documents on Respondents' counsel.

8.5 x 350 $2,975.00

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Date


8/20/18 J. Berns Continue to prepare merit brie fand affidavits with M. Makhlouf, discussions with team re same, preparation of appendix of authorities, and attention to filing and service of merit brief, evidentiary materials in support of same, and appendix of legal authority cited in same.

7.8 x 350 $2,730.00

8/20/18 S. Berns Read Relators' Merit Brief; Conference with J. Berns and M. Makhlouf re: same.

1 x 450 $450.00

8/20/18 R. McDowall Legal research re standard of review issues.

.3 x 250 $75.00

8/21/18 J. Berns Discussion with M. Makhlouf regarding anticipated arguments in City Respondents' brief, responses to same, research to be performed in connection with same, and direct R. McDowall to perform that research; discussion with team regarding City Respondents' potential arguments in their brief and responses to same.

3 x 350 $1,050.00

8/21/18 M. Makhlouf Phone conference with Clerk of Courts regarding filing of merit briefs and evidence; review Board of Elections' Answer to Complaint; Confer with J. Berns regarding anticipated arguments that the City is likely to make in Respondents' Merit Brief to prepare for Reply; Discussions with team regarding same and course of action; Confer with R. McDowall regarding necessary research.

3.2 x 350 $1,120.00

8/21/18 R. McDowall Conference with J. Berns and M.Makhlouf and conduct legal research re deference to past practice and related matters.

5 x 250 $1,250.00

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Date


8/22/18 J. Berns Discussion with D. McTigue, D. Clinger and M. Makhlouf in anticipation of receipt of City Respondents' merit brief regarding arguments to be made in reply brief and research to be conducted, and discussions with M. Makhlouf re same; read case law provided by D. Clinger re issues relating to constitutional challenge and mandamus/declaratory judgment distinction for use in reply brief.

1.4 x 350 $490.00

8/22/18 M. Makhlouf Prepare arguments in anticipation of City Respondents' Merit Brief; Confer with J. Berns and McTigue team regarding same and course of action; Review case law from Derek Clinger regarding declaratory-judgment matters within mandamus claim; Confer with R. McDowall regarding research on absurdity; Research question of absurd interpretation going to the intent of the drafters and not the constitutionality of the legislation.

1.8 x 350 $630.00

8/22/18 R. McDowall Complete research on deference, draft memorandum summarizing case law in federal and state courts, begin research on absurdity doctrine, further discussion with M. Makhlouf on absurdity doctrine.

4.1 x 250 $1,025.00

8/23/18 J. Berns Read City Respondents’ Answer Brief, begin outlining response to same, discuss same with S. Berns and M. Makhlouf ; telephone conferences with team e same; begin working on reply brief with M. Makhlouf.

6 x 350 $2,100.00

8/23/18 S. Berns Read Solon's Brief; Conference with J. Berns and M. Makhlouf re: same.

.8 x 450 $360.00

14

Date


8/23/18 M. Makhlouf Read City Respondents' Merit Brief and Evidence; Analyze arguments in reply to same; Multiple discussions with J. Berns and S. Berns regarding same; Multiple phone conferences with team re same; Send portions drafted before receipt of reply brief to D. McTigue; Begin work on our sections of the Reply.

6 x 350 $2,100.00

8/23/18 R. McDowall Finish research of absurdity doctrine, add absurdity material to existing memorandum on deference, email to M. Makhlouf.

4.5 x 250 $1,125.00

8/24/18 J. Berns Continue to draft portions of reply brief with M. Makhlouf and send sections of same to D. McTigue and D. Clinger for review and incorporation into reply brief.

5.8 x 350 $2,030.00

8/24/18 M. Makhlouf Draft argument regarding plain language of the Charter for purposes of Articles IX and XIV; Work on Reply with J. Berns for our sections of reply memorandum; Send to D. McTigue.

6.5 x 350 $2,275.00

8/25/18 J. Berns Revise introduction to reply brief and discuss same with M.Makhlouf; read draft of reply brief sent by D. McTigue incorporating sections prepared by his office and revising and reorganizing sections prepared by this office and further revise same.

1.7 x 350 $595.00

8/25/18 M. Makhlouf Work on Reply; Multiple emails and discussions with J. Berns and D. McTigue regarding same and course of action; Review draft prepared by D. McTigue's office and analyze necessary revisions to same.

.9 x 350 $315.00

15

Date


8/26/18 S. Berns Read draft of Reply Brief; Telephone conference with J. Berns re: same.

1.5 x 450 $675.00

8/26/18 M. Makhlouf Review revisions from J. Berns to Reply; Analyze course of action with Reply; organize and attend team phone conference with McTigue team and J. Berns; Multiple phone conferences and emails with J.Berns regarding same.

1.3 x 350 $455.00

8/27/18 J. Berns Continue drafting Reply Brief with M. Makhlouf and with additional input from S. Berns; proofread Reply Brief and table of authorities and attention to filing and service of Reply Brief with M. Makhlouf.

4 x 350 $1,400.00

8/27/18 S. Berns Worked on draft of Reply Brief with J. Berns and M. Makhlouf.

1 x 450 $450.00

8/27/18 M. Makhlouf Multiple phone conferences with McTigue team and J. Berns regarding Reply; Research and analysis of law for same; Complete revision to Reply; File Reply with the Court and serve on all parties.

4.5 x 350 $1,575.00

8/28/18 M. Makhlouf Review Statement of Interest filed by the Cuyahoga County Board of Elections; Analyze course of action.

.3 x 350 $105.00

9/7/18 M. Makhlouf Review favorable Court opinion.

.5 x 350 $175.00

9/7/18 J. Berns Review Court opinion

.5 x 350 $175.00

TOTAL FEES BEFORE REDUCTION $75,357.50 TOTAL FEES FOR REPLY $13,335.00 REDUCTION $3,815.00 (28.57%) TOTAL FEES AFTER REDUCTION $71,542.50

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8/8/18 Expense Recovery

Court Costs $200.00


Veritext Inv. OH3437728 $225.00


Veritext Inv. OH3449530 $717.50


Client conference call(s) $34.91






Client postage - Ltr to T. Lobe and L. Stolarsky

$13.76


Client postage - Ltr to T. Lobe $6.67





TOTAL EXPENSES / COSTS $1,256.65 TOTAL COMBINED FEES AND EXPENSES/COSTS AFTER REDUCTION FOR 8 PAGES

$72,799.15

Date Attorney Description Time7/19/2018 Ben Wallace Confer with DJM and research case law on

substantitv review.0.7

7/20/2018 Ben Wallace Confer with DJM and research case law on auditor certification of municipal initiative; confer with DJM and DSC re same.

1.2

8/23/2018 Ben Wallace Conference call re reply brief. No charge. 0.38/24/2018 Ben Wallace Review merits briefs. No charge. 0.38/26/2018 Ben Wallace

Confer with DJM and research case law for reply brief; email case law and research to DJM.

2.3

8/27/2018 Ben WallaceCreate table of contents and table of authorities for reply brief; Email same to litigation team.

3

Total Hours for Ben Wallace 7.8"No Charge" Hours to Subtract -0.6Hours to Subtract for Pages Stricken from Reply BriefHours Spent on Reply Brief 2.3Reduction Rate 28.57%Hours Spent on Reply Brief Multiplied by Reduction Rate -0.7Net Hours 6.5Hourly Rate $200.00Total Fees for Ben Wallace $1,300.00

Date Attorney Description Time7/5/2018 Derek Clinger Review materials; Research case law re: municipal

initiative petition processes in conflict with state constitution; Draft memo re: same.

3.3

7/6/2018 Derek Clinger Research; Confer with DJM re: same; Draft memo re: Solon Charter provision and state law re: municipal initiative process.

3.2

7/9/2018 Derek Clinger Additional research re: municipal initiative processes; Draft memo; Review emails re: Solon City Council's prior handling of initiated zoning ordinances and scheduling call.

5.6

7/10/2018 Derek Clinger Draft and revise memo; Confer with DJM re: same; Send memo to group; Conference call re: research and next steps; Confer with DJM re: drafting additional memo on different ways to challenge charter provision.

3.4

7/11/2018 Derek Clinger Research and draft memo re: to challenge charter provision.

2.2

7/12/2018 Derek Clinger Research and draft memo re: to challenge charter provision.

4.5

7/13/2018 Derek Clinger Confer with DJM re: memo; Revise; Additional research on mandamus actions.

1.1

7/17/2018 Derek Clinger Confer with DJM re: drafting letter to Solon Law Director.

0.3

7/18/2018 Derek Clinger Draft letter to Solon Law Director; Confer with DJM re: same; Revise letter; Send to J. Berns and M. Makhlouf.

5.3

7/19/2018 Derek Clinger Review email from J. Berns re: revisions to letter to Solon Law Director and call; Confer with DJM draft; Revise draft; Additional research for letter; Send revised draft to J. Berns. and M. Makhlouf; Conference call re: letter.

1.7

7/20/2018 Derek Clinger Revise draft letter to Solon Law Director; Confer with DJM re: same; Send to J. Berns and M. Makhlouf.

1.5

7/25/2018 Derek Clinger Review email from M. Makhlouf re: drafting complaint for mandamus action; Confer with DJM re: same; Draft complaint.

0.8

7/31/2018 Derek Clinger Review response from Solon Law Director; Review email from J. Berns re: same.

0.1

Date Attorney Description Time8/1/2018 Derek Clinger Conference call re: Law Director's response; Draft

reply letter to same; Review DJM's edits.1.6

8/2/2018 Derek Clinger Review emails from J. Berns re: contacting city law director re: meeting agenda; Final draft of letter.

0.2

8/3/2018 Derek Clinger Draft complaint; Confer with DJM re: same; Revise.

5.9

8/7/2018 Derek Clinger Review emails from J. Berns re: city council and three readings; Reply; Phone call with J. Berns and M. Makhlouf re: finalizing complaint; Phone call with DJM re: same; Email to J. Berns and M. Makhlouf re: same.

0.6

8/8/2018 Derek Clinger Draft motion to set security amount; Revise complaint; Call with DJM re: same; Send to J. Berns and M. Makhlouf; Phone call with J. Berns and M. Makhlouf re: complaint.

3

8/9/2018 Derek Clinger Review public records request sent to City; Review emails re: amending complaint; Confer with DJM re: brief; Email J. Berns and M. Makhlouf re: same.

0.3

8/10/2018 Derek Clinger Draft merit brief. 0.28/13/2018 Derek Clinger Review J. Berns' follow up email re: public records;

Check status of service of summons; Call with J. Berns re: Cuy. Co. BOE request; Call with DJM re: same; Call with J. Berns re: same.

0.4

8/15/2018 Derek Clinger Call with J. Berns and M. Makhlouf re: merit brief and city's answer.

0.3

8/16/2018 Derek Clinger Draft merit brief. 0.58/17/2018 Derek Clinger Draft merit brief; Confer with DJM re: same. 10.68/18/2018 Derek Clinger Revise brief; Confer with DJM re: revisions; Send

to J. Berns and M. Makhlouf; Emails re: brief; Schedule call re: brief; Review revisions and make comments.

2.7

8/19/2018 Derek Clinger Conference call re: brief; Type up comments and send to J. Berns and M. Makhlouf.

1.6

8/20/2018 Derek Clinger Revise brief; Confer with DJM re: same; Review final evidence; Review draft of brief.

1.6

8/21/2018 Derek Clinger Call with M. Makhlouf and J. Berns re: service of merit brief.

0.1

Date Attorney Description Time8/21/2018 Derek Clinger Call with M. Makhlouf and J. Berns re: preparing

for reply brief; Research mandamus and declaratory judgment actions for discussion of constitutional challenges for reply brief.

1.3

8/22/2018 Derek Clinger Conf. call re: reply brief; Research re: mandamus and declaratory judgment actions for reply brief.

2

8/23/2018 Derek Clinger Review City's brief and evidence; Confer with DJM re: same; Phone call with J. Berns and M. Makhlouf re: same.

2.2

8/24/2018 Derek Clinger Draft section of reply brief; Send same to DJM. 4.3

9/7/2018 Derek Clinger Review OSC decision and judgment entry. 0.2

Total Hours for Derek Clinger 72.6"No Charge" Hours to Subtract 0Hours to Subtract for Pages Stricken from Reply BriefHours Spent on Reply Brief 7.6Reduction Rate 28.57%Hours Spent on Reply Brief Multiplied by Reduction Rate -2.2Net Hours 70.4Hourly Rate $250.00Total Fees for Derek Clinger $17,600.00

Date Attorney Description Time7/3/2018 Donald McTigue Call from M. Makhlouf re: whether ordinance

submitting initiated ordinance requires three readings.

0.2

7/5/2018 Donald McTigue Review email from M. Makhlouf re: issues to review, Instruct DSC re: same.

0.1

7/6/2018 Donald McTigue Confer with DSC re: legal analysis of issues. 0.37/9/2018 Donald McTigue Emails to schedule conference call and on status

of memo. No charge.0.1

7/10/2018 Donald McTigue Edit first and second drafts of legal memo, Instruct DSC re: same, Review final, Conference call with team (1.5 hours), Confer with DSC re: further research and drafting.

2.3

7/11/2018 Donald McTigue Review Rzepka case, Outline litigation options, Instruct DSC re: same and preparing memo.

0.8

7/16/2018 Donald McTigue Emails with M. Makhlouf to schedule call. No charge.

0.1

7/17/2018 Donald McTigue Call with M. Makhlouf and J. Berns. 17/17/2018 Donald McTigue Instruct DSC on drafting letter to Solon law

director and research.0.2

7/18/2018 Donald McTigue Review Jewish Times article from Makhlouf, Edit draft letter to T. Lobe, Confer with DSC re: same, Emails with J. Berns and M. Makhlouf re: draft letter, instruction by law director on prior initiated ordinance.

0.7

7/19/2018 Donald McTigue Emails with J. Berns re: Lobe letter, Review J. Berns' changes to letter to Lobe, Instruct DSC and BFW re: additional case law research, Review several cases, Review DSC additions to letter, Conference call with Berns, Makhlouf, and clients, Email to Berns and Makhlouf re: finalizing letter tomorrow morning.

1.8

7/20/2018 Donald McTigue Edit draft letter, Instruct DSC re: revisions, Instruct BFW re: additional research, Review and edit final budget, Call from client re: status of letter, Sign letter, Review email to city law director.

1

7/25/2018 Donald McTigue Emails with M. Makhlouf re: preparing draft complaint, Confer with DSC re: same.

0.1

Date Attorney Description Time8/1/2018 Donald McTigue Review city attorney's letter response to our legal

position, Emails with J. Berns to schedule call, Call with Berns and Makhlouf re: Lobe's letter and next steps, Reply letter to law director, Call with co-counsel re: securing consent from committee members for representation, whether needed from all.

1.1

8/2/2018 Donald McTigue Review multiple emails with committee members, Call from Berns and Makhlouf re: parties, Emails with Berns re: special meeting held today on different matter, Review email to Lobe re: same, Review and send approval of Berns' changes to follow-up letter to Lobe, Review same as sent, Review and approve email to committee members.

0.4

8/3/2018 Donald McTigue Edit first draft of complaint, Confer with DSC re: same.

0.5

8/4/2018 Donald McTigue Edit second draft of complaint, Email same to co-counsel.

0.5

8/7/2018 Donald McTigue Email from co-counsel, Call with DSC re: coordinating with co-counsel on complaint, Call with DSC re: issues related to filing complaint tomorrow, Review DSC email to co-counsel.

0.4

8/8/2018 Donald McTigue Review co-counsels edits to draft complaint, Confer with DSC re: corrections and additions, Review draft motion to set bond, Review additional revisions by co-counsel to complaint, Call with DSC re: questions from co-counsel, Review and approve final draft of complaint before filing.

1.5

Date Attorney Description Time8/9/2018 Donald McTigue Emails with co-counsel re: cover, Review public

records request, Emails with co-counsel re: same.0.2

8/13/2018 Donald McTigue Call with DSC re: BOE suggested that it be dismissed and it will file an amicus.

0.1

8/15/2018 Donald McTigue Call with co-counsel re: preparation of brief and evidence, Review emails with Finance Director, Review notice of service of summons.

0.3

8/16/2018 Donald McTigue Emails with J. Berns re: prepare to file brief on Monday, city will file answer tomorrow, draft of statement of facts, exhibits.

0.1

8/17/2018 Donald McTigue Confer with DSC re: co-counsel call and question, Review draft statement of facts from co-counsel, Call with co-counsel re: admissions in City's answer to complaint, Review city's answer, Instruct DSC re: same, Confer with DSC re: outline of argument for brief.

1.5

8/18/2018 Donald McTigue Edit first draft of brief, Call with DSC re: same, Review brief as revised by co-counsel, Emails to schedule Sunday call, Review notices of service of summons.

1.5

8/18/2018 Donald McTigue Review documents attached to "timeline" email from client.

0.4

8/19/2018 Donald McTigue Conference call with co-counsel. 18/19/2018 Donald McTigue Review documents attached to "timeline" email

from client.0.1

8/20/2018 Donald McTigue Review and edit new draft of brief, Email to co-counsel re: same, Confer with DSC, Call with co-counsel, Call with co-counsel, Emails with co-counsel re: appendix and serving BOE, Review confirmations of filing and service of brief and evidence, Emails re: city's suggestion to go initiative route

2.2

8/21/2018 Donald McTigue Review brief and evidence as filed, Review BOE answer.

0.1

8/21/2018 Donald McTigue Emails with co-counsel re: research for reply brief and scheduling call.

0.2

8/22/2018 Donald McTigue Call with co-counsel to plan arguments for reply brief.

0.5

8/23/2018 Donald McTigue Emails with co-counsel, Call with co-counsel re: same and prep for reply brief.

1.3

8/23/2018 Donald McTigue Confer with DSC and BW re: assignments 0.48/24/2018 Donald McTigue Review city's evidence 0.4

Date Attorney Description Time8/24/2018 Donald McTigue Emails with team re: draft of reply brief. 0.18/25/2018 Donald McTigue Review and edit first draft of reply brief, Emails

with co-counsel re: same.4

8/26/2018 Donald McTigue Instruct BFW on research, Review same, Emails with co-counsel, Call with co-counsel.

1

8/27/2018 Donald McTigue Review and edit final draft of brief, Multiple emails with co-counsel, Instruct BFW to prepare TOC and TOA, Call with co-counsel re: reply brief, Review and approve final draft, Review emails re: filing and service.

2.6

8/28/2018 Donald McTigue Review statement of interest filed by BOE. 0.19/7/2018 Donald McTigue Review OSC decision and judgment entry, Call

with co-counsel re: same, Review email to client.0.5

Total Hours for Donald McTigue 31.7"No Charge" Hours to Subtract -0.2Hours to Subtract for Pages Stricken from Reply BriefHours Spent on Reply Brief 10.1Reduction Rate 28.57%Hours Spent on Reply Brief Multiplied by Reduction Rate -2.9Net Hours 28.6Hourly Rate $550.00Total Fees for Donald McTigue $15,730.00

IN THE SUPREME COURT OF OHIO STATE EX REL. MARK A. …supremecourt.ohio.gov/pdf_viewer/pdf_viewer.aspx?pdf=852897.pdf · efforts, including Relators’ extensive efforts to resolve

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