From: 312.701.6801
    To:
    George Mueller
    Page:
    1/2
    Date:
    4/20/2009
    3:12:40 PM
    .
    c
    :.it>,
    CLERK’S
    OFFICE
    APR
    2
    12009
    STATE
    OF
    ILUNOIS
    Pollution
    Control
    Board
    Facsimile
    Transmittal
    Date:
    To (Name, Firm):
    4/20/2009 3:12:38
    PM
    George
    Mueller
    Mueller Anderson
    PC
    From:
    Susan
    Lastowski
    F
    \/
    L
    E
    Re:
    Fox
    Moraine v. Yorkville,
    IL PCB No. 07-146
    Comments:
    Please see
    the attached, which
    has been sent to you
    at the request
    of Damon Dunn.
    Susan
    D. Lastowski
    I
    Administrative
    Assistant
    Wilson
    P.
    Funkhouser
    Damon E. Dunn
    FUNKHOUSER VEGOSEN
    LIEBMAN & DUNN
    LTD
    55 West Monroe,
    Suite 2300
    Chicago, IL 60603
    V:
    312.701.68261
    F: 312.701.6801
    slastowskkfvIdIaw.com
    I
    www.fvldlaw.com
    Confidentiality Notice:
    This
    facsimile
    transmission
    contains confidential
    information belonging
    to the sender. This
    information
    is
    intended
    only for
    the use of the individual or
    entity named above. If you
    are not the intended
    recipient, you are hereby
    notified
    that
    any
    disclosure, copying,
    distribution
    or use of the contents
    of this transmission is
    prohibited.
    If you
    have received this
    transmission
    in error,
    please notify
    us by telephone immediately
    to arrange for return
    of the documents.
    From: 312.701.6801
    To: George Mueller
    Page:
    2/2
    Date: 4/20/2009
    3:12:40
    PM
    DamonE.
    Dunn
    April 20, 2009
    32.70L6825
    ddunn@fvldlaw.com
    VIA FACSIMILE
    TO
    (815)
    431-1501
    George Mueller, Esq.
    Mueller
    Anderson, P.C.
    609 Etna Road Ottawa,
    Illinois 61350
    Re:
    Fox Morcth2e,
    LLC v. (]iited City of
    Yoikviiie,
    City
    Counczi IL PCB
    No. 07-146
    Dear Mr.
    Mueller:
    The
    Aurora Beacon News
    referred
    to
    me a copy of a subpoena
    issued in
    the above
    referenced
    matter,
    apparently at
    your request. The
    subpoena
    was left at the newspaper
    but is directed
    to
    Heather Gillers.
    I was asked
    to advise you
    that
    Ms. Gillers
    is a former employee
    of
    the
    newspaper
    and it thereibre
    appears fiat
    service of process
    was
    not
    made on Ms.
    Gillers.
    Moreover,
    Ms. Gillers was employed
    by the
    newspaper as a reporter
    and the subpoena
    is not
    accompanied
    by a court order as
    required by
    the Illinois Reporters
    Privilege Act.
    Finally,
    the
    newspaper is not authorized
    to
    waive any right or
    privilege on its
    fomier reporter’s
    belialt
    including
    those afforded
    by the
    Reporter Privilege,
    First Amendment,
    Illinois
    Code of
    Civil
    Procedure,
    and applicable
    rules
    and common
    law doctrines
    protecting
    the journalistic process.
    Unless
    otherwise
    directed
    by
    you, the newspaper
    therefore will
    destroy
    the
    check payable
    to
    Ms. Gillers
    that accompanied
    the subpoena.
    As
    an
    accommodation,
    however, I am also authorized
    to advise
    you that
    the newspaper
    itself
    does
    not have in
    its
    possession
    any
    “campaign
    literature” relevant
    to
    the
    matter
    under
    consideration.
    If you have any
    questions regarding the
    above,
    please
    do not hesitate
    to contact me.
    Very truly
    yours,
    //
    Damon
    E.
    Dunn
    DED/sdl

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