Electronic
Filing
- Received,
Clerk’s
Office,
September
5, 2008
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
MUNICIPAL
UNITED
CITYCORPORATION,
OF
YORKVILLE,
A
))
H
[:
I
I
)
Petitioner,
)
)
PCB
No.
08-95
V.
)
(Appeal
of
Agency
Action)
)
ILLiNOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
and
HAMMAN
)
FARMS,
)
Respondents.
NOTICE
OF
FILING
TO:
SEE
ATTACHED
SERVICE
LIST
PLEASE
TAKE
NOTICE
that
on
September
5, 2008,
we
electronically
filed
with
the
Clerk
of
the
Illinois
Pollution
Control
Board,
Respondent
Hainman
Farms’
Motion
for
Attorney’s
fees,
copies
of
which
are
attached
hereto
and
hereby served
upon
you.
Dated:
September
5,
2008
Respectfully
submitted,
On
behalf
of
HAMMAN
FARMS
IS’
charles
F.
Heisten
One
of Its
Attorneys
Charles
F.
Heisten
Nicola
Nelson
Hinshaw
&
Culbertsou
LLP
100 Park
Avenue
P.O. Box
1389
Rockford,
IL 61105-1389
815-490-4900
70566464v1
890519
66799
Electronic Filing
- Received,
Clerk’s Office,
September
5, 2008
BEFORE THE
iLLINOIS
POLLUTION
CONTROL
BOARD
UNITED CITY
OF
YORXV1LLE,
A
)
MUNICIPAL
CORPORATION,
)
Complainant,
)
PCB
Io. 08-95
v,
)
(Appeal
ofAgency
Action)
)
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY
and
HAMN4AN
Respondents.
IJAMIWAN
FARMS’
MOTION
FOR
ATTORNIY’S
FEES
NOW
COMES Respondent,
HAMMAN
FARMS,
by
and
through
its attorneys,
Charles
F.
Heisten
and HINSHAW
&
CULBERTSON
LLP, pursuant
to 35 1llAdni.Code
100.101(b)
and
Supreme
Court Rule 137, and
for its
Motion for
Attorney’s Fees, states
as
follows:
1.
The illinois
Environmental
Protection Act
and
the Board’s
Rules delineate
the
specifIc types of actions
that
may be
flied
with
the
Board, and provide
that
the
Board’s
jurisdiction is limited
to those enumerated
actions. 415
ILCS
5/5(d);
2 TlLAdm.Code
2175.600(a).
No other types of actions
may be filed.
2.
On June 4, 2008, the
United
City
of
Yorkville
(hereinafter
“Yorkville”)
filed
a
Petition
for
Review seeking
review
of what
it
termed a “final
determination”
by the
Illinois
Environmental
Protection
Agency
(“IEPA”).
3.
The
subject
of Yorkville’s
action was
a finding by the
1EPA that
the
soil
characteristics
and/or
crop needs
of the
farmland
owned
by
Hamman
Farms
justified
a
particular
rate
of
agronomic application
of
landscape
waste.
The
IEPA’s
finding
came
in
response to
a
request
by
Respondent, Hamman
Farms,
for
an
agronomic
rate
determination
pursuant to
415
rLCS
5/21(q)..
70572618v1
890519 6799
Electronic
Filing
- Received,
Clerk’s
Office,
September
5,
2008
4.
When
Yorkville
commenced
its
action
against
Hamman
Farms,
it knew
or
should
have
known
that the
Act
does
not
authorize
an
action
for review
of
technical
findings
such as
the
one
challenged
in
its Petition,
and
also
knew
or
should
have
known
that
even
if
the
LEPA’s
challenged
fmding
had
constituted
the granting
of a
permit,
it
has
been
clear
for
decades
that,
as
a
matter
of law,
the Board
lacks
jurisdiction
to
hear Petitions
by third
parties
challenging
the
IEPA’s
grant
of a
permit.
(See Landfill,
Inc. v.
PCB,
74
Iii.
2d
541, 387
N.E.2d
258, 264-65
(1978)).
5.
Nevertheless,
Yorkville
purposely
filed
its frivolous
action
with
the
intent
to
harass
and annoy
Respondent
Haniman
Farms.
6.
Even
after
Respondent
Hamman
Farms
brought
it to Yorkville’s
attention
that
there
was
absolutely
no
jurisdiction for the
Board
to
hear
the
Petition,
and that
the Board’s
lack
of jurisdiction
was
exceedingly
well-settled
law,
Yorkville
continued
to pursue
its
frivolous
action
and,
in
so
doing,
it
purposely
caused
Harriman
Farms
to
incur
considerable
litigation
expenses,
including,
but
not
limited
to attendance
at (telephonic) hearings;
preparation
and
briefing
of
a
Motion
to
Dismiss
based
on
the
lack of
jurisdiction;
preparation
of
briefs
in
response
to the
Hearing
Officer’s
July
24,
2008 Order;
and
preparation
of
a brief
opposing
the
oppressive,
harassing,
and
irrelevant
discovery
served
by
Yorkvi
lie.
7.
On August
7,
2008,
this
Honorable
Board
dismissed
Yorkville’s
action
for
want
of
jurisdiction, observing
that
the
Board’s
lack
of jurisdiction
over
the matters
alleged
in
the
Petition
is
well-settled
law. (See
Board’s
Order
of August
7,
2008).
&
Although
the
Board’s
procedural
rules
are
silent
with
respect
to
the relief
available
to
Respondents
who
are subjected
to such
frivolous,
harassing
actions,
the
Rules
provide
that “the
Board
may
look
to the
Code
of Civil
Procedure
and
the
Supreme
Court
Rules
for
guidance
where
the Board’s
procedural
rules
are
silent.”
35
lll.Adm.Code
101.100(b).
2
70572618v1
890519
66799
Electronic
Filing
-
Received,
Clerk’s
Office,
September
5,
2008
9.
Supreme
Court
Rule
137
provides,
in
pertinent
part,
that:
The
signature
of
an
attorney
or a
party
constitutes
a certificate
by
him
that
he
has
read
the
pleading,
motion
or
other
paper;
that
to
the
best
of
his knowledge,
information,
and belief
formed
after
reasonable
inquiry
it is
well
grounded..
.and..
.is
not
interposed
for
any improper
purpose,
such
as to
harass
or
to cause
unnecessary
delay
or
needless
increase
in
the
cost
of
litigation.
..,
If
a
pleading,
motion
or
other
paper
is
signed
in violation
of
this rule,
the
court,
upon
motion
or
upon
its own
initiative,
may impose
upon
the
person
who
signed
it,
a represented
party,
or both,
an
appropriate
sanction,
which
may
include
an order
to
pay to
the
other
party
or
parties
the
amount
of
reasonable
expenses
incurred
because
of
the
filing
of
the
pleading,
motion,
or
other
paper,
including
a
reasonable
attorney
fee.
Illinois
Supreme
Court
Rule 137.
10.
Here,
Yorkville
filed
the
instant
action,
and
thereafter
flied
pleadings
and
other
papers
in
support
of that
action,
including,
but
not
limited
to harassing,
irrelevant,
and oppressive
discovery,
and
knew
or should
have
known
that
its
action
and
its
additional
pleadings
and
papers
were
not
well-grounded,
and
were
thus interposed
for improper
purposes.
11.
As
a
result
of
Yorkville’s
harassing
conduct,
Respondent
Hamman
Farms
was
forced
to
incur
reasonable
attorney’s
fees of
$20,325.00,
as
well as
related
expenses
in
the
additional
amount
of
$265.81
to
defend
itself
(see
Exhibit
A attached
hereto
and
incorporated
herein
by
this
reference)
and,
accordingly,
pursuant
to Supreme
Court
Rule
137 and
35
1i1.Adm.Code 101.100(b),
Respondent
Hamman
Farms
requests
that
this
Honorable
Board
enter
an
award
in the
total
amount
of
$20,590.81.
WHEREFORE, HAMMAN
FARMS
respectfully
requests
that
the Board
enter
an
order
granting
its
reasonable
attorney’s
fees
of
$20,325
plus
related
expenses
in
the additional
amount
of $265.81
for
a
total
of
$20,590.81,
and such
other
and further
relief
as it
deems
appropriate
and
just.
3
7a572618v1
890519
66799
Electronic Filing
- Received,
Clerk’s
Office,
September 5,
2008
Dated:
September 5,
2008
-
Respectfully
submitted,
On
behalf of
Hamman Farms
Is!
Charles F.
Heisten
One
of Its Attorneys
Charles F. Heisten
Nicola Nelson
Hinshaw
& Culbertson LLP
100 Park Avenue
P.O. Box 1389
Roekford,
IL,
6H05-1389
815-490-4900
4
70572618v1 890519
66799
Electronic Filing - Received, Clerk’s
Office, September
5, 2008
kFflDAVIT
01?
SERVICE
The undersigned,
pursuant to
the
provisions of
Section 1.409 of the Illinois
Code
of Civil
Procedure, hereby under penalty
of perjury under
the
laws of
the United States
of America,
certifies that on September
5,
2008, she
caused to be served
a copy of
the
foregoing upon:
Mr. John T. Therriault,
Assistant
Clerk
via
e-mail
Illinois
Pollution Control Board
Thomas
G.
Gardiner
100
W.
Randolph,
Suite I
1-500
Michelle
M. LaGrotta
Chicago, IL 60601
GARDINER
KOCH
& WEISBERG
ttiernajipcb.state.i!.us
53 W.
Jackson
Blvd., Ste.
950
(via electronic filing)
Chicago, IL 60604
tgardiner(gkw-law.corn
rn1agrottagkw4aw.com
via
e-mail
via emaill
Michelle Ryan
Bradley P. Halloran
Division
of Legal Counsel
Hearing
Officer
Illinois Environmental
Protection Agency
Illinois Pollution Control Board
1021 N.
Grand
Avenue East
James R.
Thompson
Center,
Suite
11-500
P.O. Box 19276
100w.
Randolph
Street
Springfield,
IL
62794-9276
Chicago,
IL
60601
Michelle
Ryanfllinois.gov
halIorabipcb.state.il.us
A
copy
of
the
same
was enclosed
in
an envelope in
the
United
States
mail at Rockford, Illinois,
proper postage prepaid,
before the hour
of 5:00 p.m., addressed
asabove.
PCB No. 08-95
Charles
F.
Heisten
Nicola
A.
Nelson
H1NSHAW &
CULBERTSON
100
Park
Avenue
P.O.
Box
1389
Rockford,
IL 61105-1389
(815)490-4900
70566472v1
890519
66799
Electronic
Filing
- Received,
Clerk’s
Office,
September
5,
8
EXHIBIT
BEFORE
THE
ILLiNOIS
POLLUTION
CONTROL
BOARD
UNITED
CifY
OF
YORKVILLE,
A
)
MUNICIPAL
CORPORATION,
3
Petitioner,
)
PCB
No.
08-95
v.
)
(Appeal
of
Agency
Action)
)
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY
and, HAMMAN
)
FARMS,
3
Respondents.
AFFIDAVIT
OF CHARLES
F.
HELSTEN
I, Charles
F.
Heisten,
being
first duly
sworn
on oath,
do
hereby
state
as
follows:
1.
1
am
lead
counsel
of
record
for
the Respondent
Hamman
Farms
in the
above
matter;
2.
In
that
capacity,
I am
familiar
with
all
work
conducted
by
Hrnshaw
&
Culbertson
on
behalf
of
Hamman
Fanns
in
defense
of the
claim
asserted
by the
United
City
ofYorkville
in
the
above
matter;
3.
Attached to
this
Affidavit
is a
detailed
summary
of
all
attorneys
fees and
related
expenses
incurred
on
behalf
of
the
Respondent
Harnman
Farms
in
defense
of
this
matter.
Further,
based
upon
my
twenty-nine years
of
practice
in this
area,
I
am
familiar
with
attorney
fee
rates
and
expenses
normally
and
customarily
charged
incurred
in
matters
such
as
this,
and
those
charges
included
in
the
attached
itemization
are
fair
and reasonable,
and
in
accord
with
those
billing
standards.
Further,
the
Affiant
say
not.
70573618v1
890519
66799
Electronic Filing
- Received,
Clerk’s
Office,
September
5, 2008
Dated:
September
5,
2008
Respectfully
submitted,
Charles
F.
Helsten
Nicola
Nelson
Hinshaw
&
Culbertson
LLP
100 Park
Avenue
P.O. Box 1389
Rockford, 1L
61105-1389
815-490-4900
2
FARMS
F,
Heisten
of Its Attorneys
70573618vt 890519
66799
Electronic
Filing
- Received,
Clerk’s
Office,
September
5,
2008
EXHIBIT
B
DATE
ATTORNEY
SERVICES
TIME
INITIALS
06/10/08
NAN
TELEPHONE
CALLS
WITH
CHARLIE
4.5
MURPHY
RE:
STATUS
AND
HAMMAN
FARMS’
RECEIPT
OF
PETiTION
FILED
BY
CITY
OF
YORKVILLE
WITH
PCB;
REVIEW
PETITION
AN
COMPLAINT
FILED
BY
CITY
OF
YORKVILLE
iN
PCB
08-95;
RESEARCH
JURISDICTIONAL
AUTHORITY
OF
THE
BOARD
TO
HEAR
THE
ACTIONS,
AND
POSSIBLE
GROUNDS
FOR OBTAINING
DISMISSAL
OF THE
TWO
ACTIONS;
DRAFT
EMAIL
CORRESPONDENCE
TO
CHARLIE
MURPHY
EXPLAINING
THE
GROUNDS
FOR
DISMISSAL
IDENTIFIED
iN
THE
RESEARCH
06/11/08
NAN
CONCLUDE
RESEARCH
AND
.80
DRAFTING
OF MEMO
ANALYZING
CITY
OF
YORKVILLE’S
COMPLAINT
AND
PETITION
FILED
WITH
PCB AND
PROPOSING
GROUNDS
FOR
MOTIONS
TO
DISMISS.
06/13/08
CFH
ADDITIONAL
FOLLOW-UP
TELEPHONE
.10
CALL
TO CLIENT.
06/13/08
CFH
REVIEW
OF
ADDITIONAL
E-MAIL
1.00
COMMUNICATIONS
FROM
CHARLIE
MURPHY,
NICOLA
NELSON
AND
GEORGE
MUELLER
RE:
THOUGHTS
ON
NATURE
OF RESPONSIVE
PLEADING
TO
BE
FILED
TO
CITY
OF
YORKVILLE
CITIZENS
SUIT
.7; OFFICE
CONFERENCE WITH
ASSOCIATE
NICOLA
NELSON
CONCERNING
SAME
.3
06/13/08
CFH
EXTENDED
TELEPHONE
.90
CONVERSATION
WITH
CHARLIE
MURPHY
RE:
MOST
RECENT
DEVELOPMENTS
IN
MATrER;
ADDITIONAL
EXTENDED
OFFICE
CONFERENCE
WITH
ASSOCIATE
NICOLA
NELSON
RE:
ISSUES
RAISED
BY
VILLAGE
OF YORKVILLE
IN
BOTH
PETITION
AND
COMPLAINT
FILED
70573531v1
&90519
66799
Electronic
Filing - Received,
Clerk’s
Office,
September
5,
2008
BEFORE
POLLUTION
CONTROL
BOARD.
06/13/08
CFH
PRELIMINARY
REVIEW
OF
TEN PAGE
1.20
REVISED
RESEARCH
MEMO
FROM
ASSOCIATE
NICOLA
NELSON
ON
CITY
OF
YORKVILLE
PETITION
AND
COMPLAINT
FILED
BEFORE
ILLiNOIS
POLLUTION
CONTROL
BOARD
.8;
RESPONSE
E-MAIL
TO CLIENT
AN])
CO
COUNSEL
GEORGE
MUELLER
CONCERNING
SAME
.4
06/20/08
CFH
REVIEW
OF
TWO PAGE
CHICAGO
.40
TRIBUNE
ARTICLE;
REVIEW
OF
SUBSEQUENT
E-MAIL
COMMUNICATION
FROM
IEPA
BUREAU
OF
LAND
PERMIT
DIVISION
CONCERNING
SAME; TELEPHONE
CALL
TO IEPA
DIRECTOR’S
OFFICE
CONCERNING
SAME
06/24/08
NAN
DETERMINE
DEADLINE
AND DRAFT
.20
BRIEF EXPLANATION
OF THE
DEADLINES
IN
THE
PCB CASE.
06/25/08
NAN
DRAFT
MOTION
TO DISMISS
THE
3.70
CITY’S
PETITION SEEKING
REVIEW
OF
IEPA’S
DECISION
ON
THE
RATE
OF
APPLICATION
iN PCB
08-095, AND THE
MEMORANDUM
OF LAW IN SUPPORT
OF THE
MOTION
TO
DISMISS.
06/26108
NAN
FINALIZE
EDITS
TO MOTION TO
1.80
DISMISS
AND MEMORANDUM
OF
LAW
iN SUPPORT, SEEKING
DISMISSAL
OF
PCB 08-095
(REVIEW
OF IEPA DECISION
ON RATE OF
APPLICATION.
06/30/08
NAN
TELECONFERENCE
WITH
CHARLIE
.20
MURPHY
RE:
STATUS
OF CASES
BEFORE
PCB.
07/01/08
CFH
REVIEW
OF TWO PAGE
HEARING
.60
OFFICER ORDER FROM
ILLINOIS
POLLUTION CONTROL
BOARD
CONCERNING
STATUS
HEARING
AND
CITY OF YORKVILLE
ACTIONS
AGAINST HAMMAN
FARMS;
REViEW
OF ADDITIONAL
E-MAIL
COMMUNICATION
FROM
ASSOCIATE
NICOLA
NELSON CONCERNING
SAME;
RESPONSE
TO
SAME; REVIEW
OF
2
70573531v1
890519
66799
Electronic
Filing
- Received,
Clerk’s Office,
September
5, 2008
ADDITIONAL
E-MAIL
COMMUNiCATION
FROM
NICOLA
NELSON
CONCERNING
SAME;
PREPARATION
OF RESPONSE
TO SAME.
07/01/08
NAN
TELEPHONE
CALL
WITH
CHARLIE
80
MURPHY
RE:
STATUS
AND
RE:
CORRESPONDENCE
RECEIVED
BY
HAMMAN
FARMS
FROM
PCB
(SETTING
STATUS
HEARING
IN
08-095);
REVIEW
FAXED
NOTICES
FROM
AG’S
OFFICE
AND
FROM
PCB;
STRATEGIZE
RE:
RESPONDING
TO
PCB
AND
AG;
DRAFT
APPEARANCE
IN
PCB
08-095.
07/02/08
-
CFH
OFFICE
CONFERENCE
WiTH
NICOLA
.70
NELSON
RE: 7/3/08
TELECONFERENCE
WITH
IPCB
flARING
OFFICER
ASSIGNED
TO MATTER
AND
STATUS
OF
FINALIZATION
OF
MOTIONS
TO
DISMISS
TO
BE FILED
IN
BOTH
ACTIONS.
07/02/08
NAN
STRATEGIZE
RE:
ARGUMENTS
TO
BE
3.5
USED
TO
DEFEAT
YORKVILLE’S
ACTIONS
BEFORE
PCB.
DRAFT EMAIL
CORRESPONDENCE
TO CHARLIE
MURPHY
WITH
STATUS
UPDATE.
REVISE
MOTION
TO DISMISS
AND
BRIEF
N
SUPPORT
IN
08-095;
PHONE
CALL WITH
CHARLIE
MURPHY
RE:
STATUS
AND
UPCOMING
CONFERENCE
CALL
WITH
HEARING
OFFICER
ON
7/3/08.
07/03/0
8
CFH
TWO
TELEPHONE
CALLS WITH
.40
CHARLIE
MURPHY
RE:
POSTPONEMENT
OF
TELEPHONIC
STATUS
CONFERENCE
WITH
POLLUTION
CONTROL
BOARD
hEARING
OFFICER
AND
OUTCOME
OF
JEPA
FIELD
INSPECTION
ON
SAME
MORNING.
07/03/08
NAN
TELEPHONE
CALL
TO
MICHELLE
2.90
LAGROTTA
(ATTORNEY
FOR
YORKVTLLE)
RE: UPCOMING
CONFERENCE
CALL;
TELEPHONE
CALL
TO
PCB
(MICHELLE
RYAN)
RE:
THE RE
SCHEDULED
CONFERENCE
CALL;
DRAFT
EMAiL
CORRESPONDENCE
TO
3
7O5735Mv1
3G519
66799
Electronic
Filing
-
Received,
Clerk’s
Office,
September
5, 2008
CHARLIE
PROVIDING
STATUS UPDATE;
CONTINUE
DRAFTING
AND
REVISING
MOTION
TO
DISMISS
AND
BRIEF
IN
SUPPORT
IN
PCB
08-095.
07/07/08
NAN
TELEPHONE
CALL
WITH
MICHELLE
6.80
RYAN
AT
IEPA
RE:
TODAY’S
TELECONFERENCE;
BRIEF
CALL
TO
CHARLIE
MURPHY
RE: 10 A.M.
TELECONFERENCE;
TELEPHONE
CALL
WITH
PCB
CLERK
NOTIFYING
PCB
THAT
THE BOARD
HAS
LISTED
INCORRECT
CONTACT
INFORMATION
ON
ITS SERVICE
LIST;
FINALIZE
AND
FILE
WITH
THE
PCB OUR
MOTION
TO
DISMISS
AND
MEMO IN
SUPPORT
SEEKING
DISMISSAL
OF
THE
08-095
ACTION;
BEGIN
DRAFTING
INTERROGATORIES
AN])
REQUESTS
TO
PRODUCE
FOR
THE
08-095 ACTION..
07/08/08
NAN
CONTINUE
DRAFTING
2.80
INTERROGATORIES AND
REQUESTS
TO
PRODUCE.
07109108
NAN
TELEPHONE
CALL
WITH YORKVLLLE’S
6.20
ATTORNEY
(MICHELLE
LAGROTTA);
DRAFT
EMAIL
CORRESPONDENCE
TO
PCB
HEARING
OFFICER
OFFERING
TO
GiVE
A
TWO-WEEK
EXTENSION
OF
DECISION
DEADLINE
AND
REQUESTING
EXPEDITED
DISCOVERY;
DRAFT
REQUESTS
FOR
PRODUCTION
TO
PROPOUND
UPON
CITY
OF
YORK
VILLE
IN
PCB
08-095
AND
CONTINUE
DRAFTING
INTERROGATORIES;
REVIEW
MOTION
TO DISMISS
FILED
BY
THE
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
IN
PCB
08-095.
07/10/08
NAN
REVIEW
EMAIL
CORRESPONDENCE
3.00
RECEiVED
FROM
HEARING
OFFICER
RE:
DISCOVERY
AND
HEARING
SCHEDULE;
DRAFT
CORRESPONDENCE
TO
IEPA
COUNSEL
MICHELLE
RYAN
RE: PRIOR
EMAIL
EXCHANGE
BETWEEN
HEARING
OFFICER
AND
PARTIES’
COUNSEL;
TELEPHONE
CALL
TO
RYAN
REQUESTING
CONTACT
4
70573531v1
890519
66799
Electronic
Filing
- Received,
Clerk’s
Office,
September
5,
2008
INFORMATION
RESPOWD
TO
HEARING
OFFICER’S
INQUIRY
RE:
RYAN
CONTACT
INFORMATION;
RESEARCH
ADDITIONAL
ARGUMENT
RE:
CITY’S
LACK
OF
STANDING
IN
PCB 08-095
FOR
USE
iN
REPLY
BRIEF
TO
PRESERVE
THE
ISSUE OF
STANDING;
REVISE
WRITTEN
DISCOVERY
TO
PROPOUND
IN
PCB 08-095
PURSUANT
TO
SUGGESTIONS
BY
ATTORNEY
RICK
PORTER.
07/10/08
RSP
REVIEW
OF
PRODUCTION
RESPONSES
-
2.00
AND
REViEW
OF INTERROGATORY
ANSWERS;
DRAFT
E-MAIL
MAKING
EXTENSIVE
RECOMMENDATIONS
RE:
AMENDMENTS
TO SAME.
07/14/08
NAN
REVIEW
2
EMAILS
RECEIVED
FROM
.30
HEARING
OFFICER
AND
ONE
EMAIL
FROM
IEPA
COUNSEL;
DRAFT
BRIEF
RESPONSE
TO HEARING
OFFICER’S
EARLIER
EMAIL
REGARDING
THE
SCHEDULING
OF
THE NEXT
TELECONFERENCE.
07/16/08
CFH
ADDITIONAL
TELEPHONE
.30
—
CONVERSATION
WITH
ASSOCIATE
NICOLA
NELSON
CONCERNING
VARIOUS
PENDING
MATTERS.
07/16/08
RSP
REVIEW
OF
E-MAILS
RE: REQUEST
TO
.50
ADMIT
AND
PROVIDE
ADVICE
RE:
SAME.
•
07/03/08
CFH
YORKVILLE
V.
IEPA
AN]) HAMMAN
2.10
FARMS
- REVIEW
OF MOTION
TO
DISMISS
AND
PREPARATION
iN
PCB
MATTER
08-095
AND PREPARATION
OF
SUGGESTED
REVISIONS
TO
SAME;
OFFICE
CONFERENCE
WiTH
ASSOCIATE
NICOLA NELSON
CONCERNING
SAME;
REVIEW
OF
BRIEF
IN SUPPORT
OF MOTION
TO
DISMISS
IN
PCB
08-095
ACTION,
PREPARATION
OF
REVISIONS
TO
SAME;
OFFICE
CONFERENCE
WITH
ASSOCIATE
NICOLA
NELSON
CONCERNING
SAME;
OFFICE
CONFERENCE
WITH
ASSOCIATE
NICOLA
NELSON
RE: TELEPHONE
5
7057353
lvJ
90519
66799
Electronic Filing - Received,
Clerk’s Office, September 5, 2008
CALL
RECEIVED FROM CHARLIE
MURPHY.
ADDITIONAL
TELEPHONE
CALL
FROM
ASSISTANT
ATTORNEY
GENERAL
ASSIGNED
TO CASE CONCERNING
REVISE
PRE-ENFORCEMENT
CONFERENCE
DATE
AN]) ISSUES
TO
BE
DISCUSSED
AT
SAME; ADDITIONAL
TELEPHONE CALL
TO CHARLIE
MURPHY
CONCERNING SAME;
ADDITIONAL TELEPHONE
CALL
TO
ASSISTANT
ATTORNEY
GENERAL
ASSIGNED
TO
CASE
CONCERNING
SAME.
07)03/08
CFH
.50
07/07/08
FH
TELEPHONE
CALL
FROM
IEPA
.30
DIVISION OF LEGAL COUNSEL;
SUBSEQUENT
TELEPHONE
CALL TO
CHARLIE
MURPHY.
07/15/08
NAN
DRAFT
DETAILED
CORRESPONDENCE
.20
(ELECTRONIC) PROVIDING STATUS
OF
PCB
08-095.
07/17/08
NAN
REVIEW HEARING OFFICER’S ORDER
2.80
ENTERED
ON
JULY
15, FORMALLY
DESIGNATING AUG 14/15 AS
THE
HEARING DATES. RESEARCH
FEASIBILITY
OF SERVING
REQUESTS
TO ADMIT
ON
CITY OF
YORKVILLE IN
ADVANCE OF THE
AUG.
14.15
HEARING.
REVISE INTERROGATORIES
AND
REQUESTS FOR PRODUCTION TO
PROPOUND
ON CITY
OF YORK
VLLLE,
INCORPORATING SUGGESTIONS
FROM
ATTORNEY
RICK
PORTER.
DRAFT
EMAIL
CORRESPONDENCE TO
CHARLIE
MURPHY AND GEORGE
MUELLER REQUESTING
SUGGESTIONS
FOR
ADDITIONAL
ITEMS TO REQUEST
IN WRITTEN DISCOVERY.
07/21/08
CFH
—
REVIEW
OF TWO PAGE
HEARING
.40
OFFICER
ORDER;
E-MAIL
COMMUNICATION TO CLIENT
R:
SAME; REVIEW
OF NOTICE
OF
IIEA1JNG
RECEIVED
FROM
HEARING
OFFICER.
07/21/08
NAN
—-
REVIEW
YORKYILLE’S
RESPONSE
.30
BRIEF IN OPPOSITION TO
THE MOTION
6
70573531v1 890519 66799
Electronic
Filing
- Received,
Clerk’s
Office, September
5,
2008
TO
DISMISS
FILED
BY
IEPA,
AND
YORK
VILLE’S
RESPONSE
BRIEF
IN
OPPOSITION
TO
THE
MOTION
TO
DISMISS FILED
BY
HAMMAN
FARMS.
______
07/22/08
CFH
PARTICIPATION
IN
TELEPHONIC
120
STATUS
CONFERENCE
WITH
ALL
PARTIES
TO
CASE;
SUBSEQUENT
TELEPHONE
CONVERSATION
WITH
ATTORNEYS
FOR
HAMMAN
FARMS
RE:
EXPEDITED
DISCOVERY
ISSUES;
SUBSEQUENT
TELEPHONE
CONVERSATION
WITH
COUNSEL
FOR
IRPA
CONCERN[NG
SAME;
OFFICE
CONFERENCE
WITH
ASSOCIATE
NICOLA NELSON
RE:
SAME;
PREPARATION
OF
E-MAIL
COMMUNICATION
TO
CLIENT
AND
CO
COUNSEL
CONCERNiNG
SAME.
07/22/08 --
NAN
REVIEW
BOARD’S
DECISION
IN
PCB
04-
1.20
088
(DES
PLAINES
WATERSHED
CASE)
CONCERNING
LIMITATION
ON
DISCOVERY;
DRAFT
MEMO
ADDRESSING
TALKING
POiNTS
IN
RE:
THE
USE
OF
DISCOVERY
IN
THE
PENDING
ACTION
BY
YORK
VILLE
IN
08-095.
07123/08
CFH
TELEPHONE
CALL
FROM
ATTORNEYS
1.70
FOR
PETITIONER
RE:
PROPOSED
DISCOVERY
SCHEDULE;
REVIEW
OF
RESEARCH
MEMO
FROM
ASSOCIATE
NICOLA
NELSON
CONCERNING
ALLOWANCE
OF
DISCOVERY
IN
PERMIT
APPEAL
CASES
AND
DISCUSSION
OF
DES
PLAINES
WATER
RIVER
SHED
ALLIANCE
DECISION BY
POLLUTION
CONTROL
BOARD
AND
ATTACHED
MATERIALS
CONCERNING
SAME;
OFFICE
CONFERENCE
WITH
ASSOCIATE
NICOLA
NELSON CONCERNING
SAME
AND
SUGGESTED
MOTION
FOR
DETERMINATION
BY
HEARING
OFFICER DISCOVERY
AS
APPROPRIATE
.4;
REVIEW
OF
SUBSEQUENT
E-MAIL
FROM
ASSOCIATE
NICOLA
NELSON
CONCERNING
SAME
AND
7
70573531v1
890519
66799
Electronic Filing - Received, Clerk’s
Office, September 5, 2008
ATTACHMENT
TO
SAME;
PREPARATION
OF RESPONSE TO
SAME;
TELEPHONE
CALL
TO CHARLIE
MURPHY
CONCERNING
SAME.
07/23/08
CFH
RBVIEW
OF
DRAFT
MOTION FOR
.50
DETERMINATION
ON
DISCOVERY
ISSUES
AND COVER EMAIL
FROM
ASSOCIATE
NICOLA NELSON
AND
PREPARATION
OF REVISIONS
TO
SAME;
OFFICE
CONFERENCE WITH
ASSOCIATE NICOLA
NELSON
CONCERNING FOLLOW-UP TO SAME.
07/23/08
NAN
TELEPHONE
CONVERSATION WITH
-
2.50
CHARLIE
MURPHY RE: STATUS
AND
RE:
YORKVILLB’S RESPONSE
BRIEFS.
TWO
TELEPHONE
CONVERSATIONS
WITH COUNSEL FOR YORKVJLLE
CONCERNING DISCOVERY
DEADLINES. REVIEW OF EMAIL
CORRESPONDENCE
FROM
YORKVILLE’S
COUNSEL RE:
DISCOVERY. REVIEW EMAIL FROM
GEORGE
MUELLER RE: THE PROPOSED
MOTION
REQUESTING
AN
ORDER ON
DISCOVERY. DRAFT MOTION
CONCURRING
WITH
EPA’S
POSITION
ON
DISCOVERY
AND
REQUESTING
A
RULING
ON
DISCOVERY FROM
THE
HEARING
OFFICER.
07/24/08
CFH
REVIEW
OF
E4vLAIL
RESPONSE
FROM
.70
CO-COUNSEL GEORGE MUELLER
CONCERNING
OBJECTION TO
DISCOVERY
PROPOUNDED
BY CITY OF
YORKVILLB;
OFFICE
CONFERENCE
WITH ASSOCIATE NICOLA NELSON
RB;
PREPARATION
OF SUPPLEMENT TO
MOTION
FOR DETERMINATION
ON
DISCOVERY
ISSUES
PREVIOUSLY
FILED;
TELEPHONE CALL FROM CO
COUNSEL GEORGE MUELLER
CONCERNING
SAME.
07/24/0
8
CFH
REVIEW OF VARIOUS ADDITIONAL
.70
CROSS B-MAILS BETWEEN CO
COUNSEL GEORGE
MUELLER AND
ASSOCIATE NICOLA NELSON RE;
THOUGHTS
ON
AND STRATEGY FOR
8
70573531v1
890519 66799
Electronic
Filing
-
Received,
Clerk’s
Office,
September
5,
2008
FILING
OF ADDITIONAL
RESPONSES
TO
PETITIONER’S
ASSERTIONS;
ADDITIONAL
E-MAil
COMMUNICATION
TO CO-COUNSEL
GEORGE
MUELLER
AND
ASSOCIATE
NICOLA
NELSON
CONCERNING
SAME.
_____
07124108
CFH
REVIEW
OF
ADDITIONAL
E-MAIL
2.30
RESPONSE
FROM
CO-COUNSEL
GEORGE
MUELLER;
REVIEW
OF
VARIOUS
ADDITIONAL
E-MAIL
TRANSMISSIONS
AND
ATTACHMENTS
FROM
ASSOCIATE
NICOLA
NELSON;
REVIEW
OF
AND
PREPARATION
OF
ADDITIONAL
SUGGESTED
REVISIONS
TO
SUBSEQUENT
VERSIONS
OF
SUPPLEMENT
TO
PRIOR
MOTION
FOR
HEARING
OFFICER’S
RULING
ON
DISCOVERY
MATTERS;
OFFICE
CONVERSATION WITH
ASSOCIATE
NICOLA
NELSON
CONCERNING
SAME;
ADDITIONAL
EXTENDED
TELEPHONE
CONVERSATION
WITH
TEPA
DIVISION
OF LEGAL
COUNSEL
CONCERNING
RECENT
DEVELOPMENTS
IN MATTER;
REVIEW
OF FAX
TRANSMISSION OF
HEARING
OFFICER
ORDER
COMPELLING
IEPA
TO
FILE
RECORD
IN
MATTER
AN]) SETTING
DATES
FOR
BRIEFING
OF
HAMMAN
FARMS;
MOTION
FOR
DETERMINATION
FO
APPLICABILITY
OF
DISCOVERY;
ADDiTIONAL TELEPHONE
CONVERSATION
WITH
JEPA
CONCERNING
SAME.
______
07/24/08
NAN
-
REVIEW
INTERROGATORIES
AND
8.20
REQUESTS
TO PRODUCE SERVED
ON
HAMMAN
FARMS
BY
CITY OF
YORKVILLE;
REVIEW
MULTIPLE
EMAILS
FROM
GEORGE
MUELLER.
RE:
OBJECTIONS
TO YORKVILLE’S
DISCOVERY,
OUR
DRAFTING
OF
A
REPLY
IN SUPPORT
OF
THE
MOTION
TO
DISMISS,
AND
REVISIONS
TO
OUR
SUPPLEMENT
TO
THE
MOTION
FOR
HEARING
OFFICER’S
ORDER.
REVIEW
INTERROGATORIES
AND
REQUESTS
TO
________
9
70573531v1
890519
66799
Electronic Filing
- Received,
Clerk’s Office,
September
5, 2008
PRODUCE
SERVED ON
IEPA BY
THE
CITY
OF YORKVILLE.
DRAFT, AN])
INCORPORATE
OTHERS’
REVISIONS
TO
A
SUPPLEMENT
TO
HAMMAN
FARMS’
MOTION
FOR HEAPING
OFFICER’S
ORDER,
ATTACHING
DISCOVERY
SERVED
BY
YORKVILLE;
BEGIN
RESEARCHING
AND
DRAFTING REPLY
BRIEF
IN SUPPORT
OF OUR MOTION
TO
DISMISS IN
08-095.
07/28/08
CFH
REVIEW
OF
AND PREPARATION
OF
.70
FURTHER
REVISIONS
TO
FIRST
DRAFT
OF HAMMAN
FARMS
REPLY.
BRIEF IN
SUPPORT
OF
ITS MOTION
TO DISMISS;
OFFICE CONFERENCE
WITH
ASSOCIATE
NICOLA
NELSON
CONCERNING
SAME.
07/28/08
CFH
REVIEW
OF
TWO
PAGE
HEARING
.90
OFFICER ORDER
CONCERNING
DIRECTIVE
TO
IEPA TO FILE
ADMINISTRATIVE
RECORD MATTER
AND
ADDITIONAL
DIRECT
IVES
CONCERNING
DISCOVERY MATTERS
AND
RESPONSES
TO
MOTIONS
TO
LIMIT DISCOVERY;
SUBSEQUENT
TELEPHONE
CONVERSATION
WITH
CO-COUNSEL
GEORGE
MUELLER
CONCERNING
SAME
AND VIEWS
ON
EXTENSION
OF DECISION
DEADLINE;
TELEPHONE
CALL TO
CLIENT
CONCERNING
SAME AND
RELATED
ISSUES;
TELEPHONE CALL
TO
PCB
CONCERNING
SAME.
07/28/OS
CFH
PREPARATION
OF
EXTENSION
OF
.30
DECISION DEADLINE
AND
COVER
SHEET
CORRESPONDENCE
TO
CLERK
OF
ILLiNOIS
POLLUTION
CONTROL
BOARD.
07/28/08
NAN
FINISH
RESEARCHING AND
DRAFTING
8.40
REPLY BRIEF
IN SUPPORT
OF
OUR
MOTION
TO DISMISS IN
PCB 08-095.
DRAFT
MOTION FOR LEAVE
TO FILE
A
REPLY BRIEF.
07/29/08
CFH
RETURN
TELEPHONE
CALL FROM
PCB
1.30
HEARING
OFFICER
CONCERNING
CLARIFICATION OF
MATTER
SET
10
70573531v1
890519
66799
Electronic
Filing
- Received,
Clerk’s
Office,
September
5,
2008
FORTH
IN
7/24/08
ORDER;
OFFICE
CONFERENCE
WITH
ASSOCIATE
NICOLA
NELSON
RE:
SAME
AND
DIRECTIONS FOR
FILING
RESPONSE
TO
HEARING
OFFICER’S
ORDER
REQUESTING
POSITION
OF
RESPONDENT’S
UNLIMITED
DISCOVERY;
ADDITIONAL
OFFICE
CONFERENCE
WITH
ASSOCIATE
NICOLA
NELSON
RE:
SAME;
TELEPHONE
CONVERSATION
WITH
IEPA
RB: IEPA’S
REFUSAL
TO
FILE
THE
ADMINISTRATIVE
RECORD
AND
SUGGESTED
ALTERNATIVE
STRATEGY
FOR
RESPONDING
TO
HEARING
OFFICER’S
ORDER
IN
LIGHT
OF
AGENCY’S
REFUSAL
TO
FEEL
RECORD.
07/29/08
CFH
ADDITIONAL
OFFICE
CONFERENCE
.40
WITH
ASSOCIATE
NICOLA
NELSON.
07/29/08
NAN
—
REVIEW
HEARING
OFFICER’S
JULY
24
6.40
ORDER IN
PCB
08-095
CONCERNING
LIMITATIONS
ON
DISCOVERY;
TELECONFERENCE
WITH
IEPA
COUNSEL
MICHELLE RYAN
R: THE
JULY
24
ORDER
BY
THE
HEARING
OFFICER
TO
THE
AGENCY
REQUIRING
THEM
TO
PRODUCE
THE
RECORD;
STRATEGIZE,
RESEARCH AND
DRAFT
THE
BRIEF
CONCERNING DISCOVERY
AS
ORDERED
BY
THE
HEARING
OFFICER, ADDRESSING
THE
QUESTIONS
OF
INFORMATION
THAT
IS
“RELEVANT,
DISCOVERABLE,
AN])
ADMISSIBLE
IN
THIS
PROCEEDING
THAT
WAS
NOT
BEFORE
THE
AGENCY
AT
TIlE
TIME
THE
PERMIT
WA ISSUES.”
DRAFT
EMAIL
CORRESPONDENCE
TO
GEORGE
MUELLER
PROVIDING
A
STATUS
OF
RECENT
DEVELOPMENTS
IN
THE
PCB
CASE.
07/30/08
CFH
REVIEW
OF
FINAL
DRAFT
OF
HAMMAN
.70
FARMS’
RESPONSE TO HEARING
OFFICER
ORDER
REQUESTING
PROPOSED
SCOPE
OF
DISCOVERY;
OFFICE
CONFERENCE
WITH
ASSOCIATE
NICOLA
NELSON
RE:
11
70573531v1
S9O59
66799
Electronic
Filing - Received,
ClerWs
Office, September
5, 2008
SUGGESTED
FURTHER
REVISIONS
TO
SAME
AND
RELATED
MATTERS.
07/30108
NAN
INCORPORATE
CHANGES
PROPOSED
-
.9O
BY
GEORGE
MUELLER
INTO REPLY
BRIEF
IN PCB
08-095
INCORPORATE
CHANGES
PROPOSED
BY
GEORGE
MUELLER
INTO
BRIEF
IN RESPONSE
TO
HEARING
OFFICER’S ORDER
IN
PCB 08-
095.
07/31/08
NAN
TELEPHONE
CALL
WITH
CLERK
OF
.10
THE
PCB
RE:
FILING
PROBLEMS
IN PCB
08-095.
TOTAL
HRS.
9130
CFH = CHARLES
IIELSTEN
TOTAL
HOURS
BILLED
20.30
@
$325 = $6,597.50
NAN = MCOLA
NELSON
TOTAL
HOURS
BILLED 68.50
@
$190 = $13,01500
RSP =
RICHARD
PORTER
TOTAL
HOURS BILLED
2.50
(}
285
= $712.50
GRAND TOTAL
HOURS BILLED
$20,325.09
DISBURSEMENTS:
06/12/08
2
Copies
@
.23
.46
06/12/08
-—
14
Copies
@
.23
3.22
06/12/08
Westlaw
online
research
.62
performed
by
Nicola Nelson
06/16/08
Westlaw
online
research
6.75
performed
by Nicola Nelson
6126/08
Westlaw
online research
by
10.58
Nicola
Nelson
Phone
Charges
9,74
TOTAL
-
$31.37
07/02/08
2pagefax.75
1.50
07/03/08
— 3pagefax@.75
2.25
07/07/08
39
copies@
.23
8.97
07/07/08
l4pagefax@.75
10.50
07/07/08
l4pagefax.75
10.50
07/07/08
Westlaw
online
research
by
9.57
Nicola
Nelson
07/08/08
26
page
fax
@
.75
19.50
07/09/08
4 copies
.23
.92
07/09/08
40
copies
.23
9.20
07/09/08
l2copies©.23
2.76
07/09/08
-
2lpagefax.75
- 15,75
12
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890519
66799
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