RECE1~VED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLFpj~cQ!P(~’~
JUL
2
5 ~
PEOPLE OF THE STATE OF ILLINOIS
vs
Complainant,
QC FINISHERS,
INC.,
an Illinois
corporation,
Respondent.
PCB No.
01-7
(Enforcement
S’IAFF.
(Ji~1U..II~O~
Pollution Control Board
-
Air)
TO:
Heidi
E. Hanson
H.E. Hanson,
Esq.
P.C.
4721 Franklin Avenue
Suite
1500
Western Springs,
IL 60558-
1720
Mr.
Bradley
P. Halloran
Hearing Officer
Illinois Pollution Control Board
JRTC,
Suite 11-500
100 W.
Randolph Street
Chicago,
IL.
60601
NOTICE
OF
FILING
PLEASE TAKE NOTICE that we have
today,
July 25,
2003
filed with
the above named persons,
copies
of Complainant’s Motion to Quash
Sub oena of Cr
s
~-W
a copy
o
w
i
is
a tached
herewith and served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General of the
State of Illinois
BY:
~
PA~(JLABECKER WHEELER
Assistant Attorney General
Environmental Bureau
188 W.
Randolph St.,
201th
Fir.
Chicago,
IL 60601
(312)
814-1511,
814-0608
THIS FILING IS SUBMITTED ON RECYCLED PAPER
CERTIFICATE OF SERVICE
I,
Paula Becker Wheeler,
an Assistant Attorney General
in this
case,
do certify that on this 25th day of July,
2003,
I caused to be
served the foregoing Notice of Filing Motion to Quash Subpoena of
Crystal Myers-Wilkins upon the persons named within by U.S. Mail
to
Heidi Hanson at the above address and in person to Bradley P. Halloran
at the above address.
~
/~/~J~
PAULA1BECKER WHEELER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
ILLINOIS,
Complainant,
vs-
)
PCB No. 01-07
(Enforcement
-
Air)
QC FINISHERS,
INC.,
an
Illinois corporation,
Respondent.
MOTION TO QUASH DEFENDANT’S SUBPOENA
Complainant,
PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN,
Attorney General
of the State of Illinois,
respectfully
move, pursuant to Rule 201(c)
of the Illinois Supreme Court,
and
Section 101.622 of the Board’s regulations,
that an order be
entered upon Respondent,
Q.C.
Finishers, quashing the subpoena
Respondent is~uedto Crystal Myers-Wilkins on or about July
6,
2003.
In support of said Motion,
Complainant states as follows:
1.
On July 14,
2000,
Complainant
filed
a complaint
against QC FINISHERS,
INC.
(“QC”),
alleging various environmental
violations leading to and including air pollution.
2.
On March
1,
2003,
Respondent
filed an Answer
to said
Complaint with amended affirmative defenses.
3.
Discovery was initiated in April of 2003,
and is
ongoing.
4.
On July
6,
2003,
a Subpoena for Deposition of CRYSTAL
MYERS-WILKINS,
an attorney for the Illinois Environmental
Protection Agency (“Illinois EPA”)
in the Division of Legal
Counsel of said agency, was mailed to the Complainant’s attorney.
5.
Section 101.616 of the Illinois Pollution Control Board
(“Board”)
rules,
35 Ill. Adm.
Code 101.616(a),
states:
(a)
All relevant information and information
calculated to lead to relevant
information is discoverable excluding
those materials that would be protected
from disclosure
in the courts of this
State pursuant to statute, Supreme Court
Rules or common law,
and materials
protected form disclosure under 35
Ill.
Adm.
Code
130.
6.
Illinois Supreme Court Rule 201(b) (2),
Ill.
S.
Ct.
Rule 201(b) (2),
states:
Pri~i1ege
and
Work
Product.
All matters that
are privileged against disclosure on the
trial,
including privileged communications
between a party or his agent and the attorney
for the party,
are privileged against
disclosure through any discovery procedure.
Material prepared by or for a party in
preparation for trial is subject to discovery
only if
it does not contain or disclose the
theories, mental
impressions,
or litigation
plans of the party1s attorney. The court may
apportion the cost involved in originally
securing the discoverable material,
including
when appropriate a reasonable attorney’s
fee,
in such manner as is
just.
7.
In Shapo v.
Tires
‘n Tracks,
Inc.,
336 Ill.App.3d
387,
393
(1St
Dist,
2002)
,
the attorney client privilege as:
Where
any legal advice of any kind is
sought from a
professional
legal advisor in his capacity as
such,
the
communications relating to that purpose, made in confidence
by the client,
are protected from disclosure by himself or
the legal adviser.
2
8.
Respondent has available and has already subpoenaed
Chris Romaine,
an inspector with the Illinois EPA.
Other witnesses
available to the Respondent include Gary Beckstead,
an Illinois
EPA employee in the Air Quality Section, Valerie Brodsky,
an
Illinois EPA employee in Permits, and Harish Narayeov,
an Illinois
EPA Regional Manager,
all experts or witnesses
in the areas of air
VOM emissions and violations alleged in the Complaint.
9.
Crystal Myers-Wilkins
is not an expert in the areas
alleged as violations
in the complaint,
therefore any testimony by
her to this issue would be irrelevant.
10.
Crystal Myers-Wilkins
is an attorney who has been
working on the behalf of the Illinois EPA and with the Illinois
Attorney General’s Office on this case.
11.
The Illinois EPA and the Illinois Attorney General’s
office have an attorney-client relationship
in that this case was
brought
by the Illinois Attorney General at the
request
of the
Illinois EPA, pursuantto
Section 31 of the Illinois Environmental
Protection Act (“~~t~’),
~41~
ILCS—5-/-3-1-_4ZQ02~.
12.
Any relevant testimony Crystal Myers-Wilkins might
possibly offer in this matter would be privileged by either the
attorney-client privilege or the attorney work-product doctrine as
those terms are defined in applicable case law and Illinois
Supreme Court Rules.
3
13.
Because this material is privileged,
it
is not
discoverable
in accordance with Section 101.616 of the Board
rules,
35
Ill. Adm.
Code 101.616(a).
WHEREFORE,
for the foregoing reasons, Complainant
respectfully requests the Board quash Respondent’s July
6,
2003
Subpoena with regard to Crystal Myers-Wilkins,
without leave to
reinstate.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN,
Attorney General of the
State of Illinois,
MATTHEW
J.
DUNN,
Chief
Environmental Enforcement
/
Asbestos Litigation Division
By:
~
Paula Becker Wheeler
Assistant Attorney General
Environmental Bureau
188 W.
Randolph ~
20th
Flr
Chicago, Illinois
60601
(312)
814-1511
4