1—27—05; 4:22AM ;

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The Jeff Diver Groub;~

2

L

~-27/Ja~i/2O~501:25:11 FRDII: The.Jeff Diver l~roup T0. Halloran, Bradle!J

PflGE~ 002

Message

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JAN21

2005

Michael

From:

Michael

S. Blazer

S. Blazer mblazert~enviroatty.comJ

pollutionSTATE OFcontrolILLINOISBoard

Sent:

Thursday, January 27, 2005 3:09 AM

To:

‘Sharkey, Patricia F.

Subject:

RE: Pattermann v. Boughton, Respondent’s Exhibit List.

Pat:

I am in receipt of your Exhibit List, which was e-mailed to me on January26 at 5:54 p.m. I note that this was

served two days after it was originally due, per the Joint Pie-Trial Memorandum. More to the point, I note that it

was tendered only after I pointed out in my recent filings that neither one of us had exchanged Exhibit Lists

because of my pending Motion for Voluntary Dismissal. Your transmittal simply ignores this Tact. Your belated

effort to avoid the reason for and consequences of our mutual failure to comply with the P re-Trial Memorandum

as atransparenteffortto ignore the facts. It has been clear since last week that your primary concern was the

desire to recover “costs” to which you are not entitled. I believe our position on these issues has been made clear

in our recent filings and I can see no purpose in further discussion on the matter.

..~T4uIchae1i2?thzer

Principal

The Jeff

Diver

Group, L.L.C.

1749 5. Naperville Road

Suite 102

Wheaton, IL 60187.

(630) 681-2530

Fax: (630) 690-2812

—.

Mobil: (708) 404-9091

m blazer@enviroatty. corn

This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C.

§~

251 0-2521 and is legally

privileged, including any attachments, contains information that isconfidential, may be protected by the

attorney/client or other applicable privileges, and may constitute non-public information. This message is

intended to be conveyed only to the designated recipient(s). If you are not the intended recipient of this

message, please immediately notify the sender that you have received this message in error and delete this

message. Unauthorized use, disclosure, dissemination, distribution or reproduction of this message or the

information contained in this message or the taking of any action in reliance on it is strictly prohibited and may be

unlawful. Thank you for your cooperation.

Original Message

From:

Sharkey, Patricia F. mailto:PSharkey@mayer~rownrowe.com

Sent:

Wednesday, January 26, 2005 5:54 PM

To:

Michael S. Blazer

Subject:

Pattermann v. Boughton, Respondent’s Exhibit List

Mike-- I attach Boughton’s exhibit.list. Please ~etme know if you will be providing an exhibit list. We look forward

to talking to you and the hearing officer toi~orrowat 11:45 am. - Pat

125857tdoc

.

.

This email and

any

files transmitted with it are confidential and intended solely forthe use ofthe

individual or entity.to whom they are addressed. If you-have received this email in error please notif~’

the system manager. This message contains confidential information and is intended only forthe

individual named. If you are not the named addressee you should not disseminate, distribute or copy this

1/27/2005

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1—27—05;

4:22AM •;

rhs i.n Dlvsr Group;# 3.

27/Juii/2005 01:25 PT FROM: The

Jeff Diver Group

.T0-llalloran, Bradley

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PI4GE flfl3-

Message

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e-mail.

1/27/2005

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1—27—05; 4:22AM ;

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Z1’/Jan/ZHEJ5 01:24 PT -FROM: The Jeff

Diver

Group

TO~Halloran, Bradley

The Jeff Diver Group;~

P1~GE: ElUl

RECEIVED

CLERK’S OFFICE

The Jeff

Diver

Group, L.L.C.

Jeffrey R. Divert

Jeffery D. Jeep”

-

Michael S. Blazer””

--

Thomas S. Yu

-

Tracey £ Dillon

t

Of

AJso admitted in Massachusetts

**

Also admitted in New

York

1749

S. Naperville Rd., Suite 102

Wheaton, IL 60187

(630) 681 2530

(630) 690-2812 Fax

Michael S. Blazer

-

E-Mail:

STATE OF ILLINOIS

~

Waukegan, IL

60085

TELECOPY COVER SHEET

DATE: -

1/27/2005

TIME:

3:24:04AM

FAX NO. - +1 (312)814-3669

SUBJECT:

Pattermann v. Boughton

PLEASE DELIVER THE FOLLOWING MESSAGE TO:

NAME:

Bradley Halloran

OUR FILE #:

00484.1

~

--

MESSAGE:

Dear Mr. Halloran:

-

-

I enclose an e-mail exchange between counsel for the parties regarding the exchange of Exhibit

Lists. I believe this is relevant to our upcoming discussion this morning.

FROM:

-

Michael S. Blazer

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND

MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER

APPLICABLE LAW. If the reader of this message is not the intended recipient, you are hereby notifiedthatarry-disseminationor

distribution of this communication to other than the intended recipient is strictlyprohibited. If you have received this communication in

error, please notify us immediately. Call us collect at 630-681-2530 and return the original message to us at the above address vis

U.S. postal service. Thank you.

NUMBER OF PAGES:

3

-

- (including cover sheet)

PLEASE CALL US IF THE MESSAGE YOU RECEIVE WAS INCOMPLETE OR NOT. LEGIBLE.

OUR TELEPHONE NUMBER IS 630-681-2530.

ORIGINAL OF TRANSMITTED DOCUMENT WILL BE SENT BY:

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OVERNIGHT MAIL

HAND DELIVERY

THIS WILL

BE

THE ONLY FORM OF DELIVERY OF THE TRANSMITTED DOCUMENT.