CLFP~
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
SEP
2
6
2003
2222 ELSTON LLC, an Illinois
)
limited liability company,
)
Poi/utio~
Cofltro/j3Od
Complainant,
)
)
v.
)
PCB No.
03-55
)
PUREX
INDUSTRIES, INC., a Delaware
)
corporation, FEDERAL DIE CASTING
)
CO., an Illinois corporation, FEDERAL
)
CHICAGO CORP.,
an Illinois corporation,
)
RAYMOND B. CROSS, an Illinois resident,)
BEVERLY BANK TRUST NO. 8-7611,
)
and LAKESIDE BANK TRUSTS NOS.
)
10-1087
AND
10-1343,
)
)
Respondents.
)
FEDERAL DIE CASTING CO.’S FIRST SET OF
DOCUMENT REQUESTS
TO COMPLAINANT 2222 ELSTON LLC
Pursuant to
35
ILL.
ADM.
CODE
§
101.614 and
101.616, Respondents Federal Die
Casting, Co., an Illinois corporation, Federal Chicago Corporation, an Illinois
corporation, and
Raymond E. Cross, an Illinois resident (collectively, “Federal Respondents”), by their counsel,
hereby request that Complainant 2222 Elston LLC (“Elston”
or “Complainant”) comply with
each ofthe following discovery requests by producing for inspection and
copying all documents
and things (as further defined below) responsive to the specific requests
set forth below, that are
within its possession, custody, or control, within twenty-eight (28) days after service.
The Instructions and Definitions that appearbelow form an integral part ofthese
specific requests for the production ofdocuments and things that follow, and must be read in
conjunction therewith.
Where any defined word or phrase is used in a discovery request, it is to
be interpreted as defined.
CH\629503.4
INSTRUCTIONS
AND
DEFINITIONS
A.
Responses to this discovery request shall be supplemented and/or
amended as required by
35
ILL. ADM. CoDE
§101.616(h).
B.
“You,” “Your,” “Complainant,” or “Elston” shall refer to 2222 Elston
LLC, and, individually and collectively, include all parent corporations, subsidiaries, affiliates,
predecessors-in-interest, successors-in-interest, and any present or former divisions, directors,
officers, employees (present and former),
attorneys, agents, consultants, contractors, or
representatives thereof.
C.
The singular shall be construed to include the plural, and vice versa, to
make the request inclusive rather than exclusive.
D.
The terms “any,” “all,” and “each” shall be interchangeable as necessary
to call for the broadest possible response.
B.
For the purposes ofthis
request for production ofdocuments and things, a
document or thing shall be deemed to be in the control ofElston if any person or entity having
possession or custodyof the document or thing would provide a copy or other reproduction to
Elston in the ordinary course ofbusiness as a result ofcontractual obligation, employment by
Elston, fiduciary duty, business relationship, or otherwise.
F.
Any privilege objection that you raise should be confined
to that portionof
the request for which you make such a claim and shall not excuse you from otherwise responding
to the request to the fullest extent possible consistent with preserving yourclaim ofprivilege.
G.
If you object to any request on grounds of privilege, identify each
document or thing with respect to which privilege is claimed, and provide (a)
the reason for
2
withholding; (b) a statement offacts constituting the basis for any claim ofprivilege or other
grounds for non-production; and (c) a brief description ofthe document or thing, including:
(a)
the date ofthe document or the identification and location ofthe thing;
(b)
the name of the author, authors, or preparer ofthe document or custodian ofthe
thing and identification by employment and title ofeach such author(s), preparer,
or custodian;
(c)
the name ofeach person who was sent or has had access to, or custody ofthe
document or thing, together with an identification ofeach such person;
(d)
the numberedrequest to which the document or thing relates; and
(e)
in
the case ofany document relating
in
any way to a meeting or conversation,
identification ofsuchmeeting or conversation.
H.
Documents and things are to be produced for inspection and copying as
they are kept in the usual
course ofbusiness, ororganized and labeled to correspond with the
categories in this request, but all documents and things shall be produced in accordance with a
single approach.
SPECIFIC DEFINITIONS
I.
The term “Site” shall refer to that parcel of property located at 2228 N.
Elston Avenue in Chicago, Illinois, legally described as:
Lots
I
to 4, inclusive, in block 4 in Fullerton’s addition to Chicago
being a subdivision of that part ofthe Southeast
‘/4
of Section 30,
Township 40 North, Range 14 East, ofthe third principal meridian
lying west ofthe north bend ofthe Chicago River and that part of
the north
1/2
ofthe northeast¼
ofSection 31, Township 40 North,
Range 14 East ofthe third principal meridian, in Cook County,
Illinois.
3
J.
The term “Sales Contract” shall refer to the August 3,
1999 Real Estate
Sales Contract for the sale of2222 N. Elston Avenue entered into by Baker Development
Corporation and Lakeside Bank, as Trust No.
10-343 and Trust No. 10-1087, along with any and
all Riders and
Exhibits attached thereto.
K.
The term “Escrow Agreement” shall refer to the Escrow Agreement by
and among Elston, Raymond Cross
as beneficiary ofLakeside Bank Land Trusts No.
10-1343
and
10-1087, and The First Commercial Bank as Escrow Agent,
dated January 24, 2000.
J.
The term “contaminants” shall refer to the oils, solvents, varnish-related
products and by-products, PCB-containing materials, and petroleum-related products and by-
products that are alleged in the Complaint to have been released at or near the Site.
K.
The term “affiliate” shall mean, when used with respectto a specified
Person, another Person that, directlyor indirectly, through one ormore intermediaries, controls
or is controlled by or is under common control with the Person specified.
Forthe purposes of
this definition~
the term “control” (including, with its correlative meanings, “controlled by” and
“under common control with”) shall meanpossession, directly or indirectly, ofthe power to
direct or cause the direction ofmanagement or policies (whetherthrough ownership ofsecurities
or partnership or other ownershipinterests, by contract or otherwise).
L.
The term “response actions” shall refer to any and all actions taken to
address, investigate, remove, remediate,br otherwise cleanup any waste materials, pollutants, or
contaminants at or near the Site.
M.
The term “Act” shall refer to the Illinois Environmental Protection Act,
415
ILL.
C0MP. STAT.
5/1
et. seq.
4
N.
The term “relating to” means constituting, comprising, containing,
consisting of, evidencing, setting forth, proposing, showing, disclosing, describing, discussing,
explaining, summarizing, concerning, reflecting, authorizing, or referring to, directlyor
indirectly.
0.
The term “person” means any natural individual, firm, corporation, limited
liability company, partnership,joint venture, governmental agency, association, trust, estate, or
any other form ofentity, together with any officers, directors, partners, trustees, employees, legal
representatives, or agents thereof.
REQUESTS
Request No.
1
All documents relating to any affiliate ofElston or any
shareholders/owners ofElston.
Request No. 2
All documents relating to the negotiation, drafting, execution,
assessment, and/or analysis ofthe Sales Contract.
Request No. 3
All documents relating to the negotiation, drafting, execution,
assessment,
and/or analysis ofthe Escrow Agreement.
Request No.
4
All documents relating to the establishment, funding, use, or
disbursement, ofor from the escrow account pursuant to
the Escrow Agreement.
Request No.
5
All documents relating to
any environmental diligence,
investigation,
assessment, or other inspection ofthe Site orproperty at or near the Site, including
but not
limited to
any documents related to decisions not to pursue or undertake any such
diligence, investigation, assessment, or other inspection ofthe Site or property at or nearthe Site.
Request No.
6
All documents relating to any development or business plans
regarding the Site or property at or near the Site.
5
Request No. 7
All documents relating to any response actions performed at or
near the Site, including but not limited to invoices, receipts, work orders, agreements, contracts,
memoranda, drafts, communications, maps, charts, graphs, studies, evaluations, sample results,
assessments, and notes.
Requests
No. 8
All documents relating to any future response actions to be taken
at or near the Site, including but not limited to
invoices, receipts, work orders, agreements,
contracts, memoranda, drafts, communications, maps, charts, graphs, studies, evaluations,
sample results, assessments, and notes.
Request No. 9
All documents related to
any communications between Elston and
the State ofIllinois (including any agency, board, or other political or administrative subdivision)
regarding the Site.
Request No.
10
All documents related to
any communications between Elston
and the City ofChicago (including
any agency, department, or political or administrative
subdivision) regarding the Site.
Request No.
11
All documents related to any communications between Elston
and the United States Environmental Protection Agency (including any division orother political
or administrative subdivision) regarding the Site.
Request No.
12
All documents relating to the allegation that any ofthe Federal
Respondents conducted die casting operations at ornear the Site.
Request No.
13
All documents relating to the allegation that any of the Federal
Respondents stored, disposed of, or abandoned the alleged contaminants at ornear the Site.
Request No.
14
All documents relating to the allegation that releases ofthe
alleged contaminants occurred at or near the Site between 1978 and 2000.
6
Request No.
15
All documents relating to the allegation that the Federal
Respondents had knowledge ofor otherwise allowed the releases ofthe alleged contaminants at
ornear the Site between 1978 and 2000.
Request No.
16
All documents relating to
the allegation that the Federal
Respondents disposed ofor allowed the disposal ofwaste tires and other discarded materials at
or near the Site between 1978 and 2000.
Request No.
17
All documents relating to the allegation that the Federal
Respondents disposed of orallowed the disposal ofhazardous waste at or near the Site, or
allowed such disposal to
continue unabated, between 1978 and 2000.
Request No. 18
All documents related to the allegation that the alleged releases
of contaminants at ornear the Site from 1978
and 2000 caused or tended to cause surface water
and/or ground-water pollution or otherwise created a water pollution hazard in Illinois.
Request No.
19
All documents related to
any leases ofall orpart ofthe Site from
1978
to the present.
Request No. 20
All documents related to any communications with any third-
party (including but not limited
to any environmental consultants) regarding environmental
conditions at the Site.
Request No. 21
All documents related to the operations conducted by any
person at or near the Site from
1940 to
the present.
Request No.
22
All documents referred to, relied upon,
consulted, or relatedto
the allegations in your Complaint.
7
Request No.
23
All documents that relate to your response to any ofFederal Die
Casting Co.’s First Set ofInterrogatories.
Respectfully submitted,
Dated: September 26, 2003
FEDERAL DIE CASTING, CO.
By:
One ofthe~tt~’rneys
forFederal Die
Casting, Co.
Caiy R. Perlman
Shorge K.
Sato
Latham & Watkins LLP
233
S. Wacker Drive
Suite 5800
Chicago, IL 60606
(312) 876-7700
8
CERTIFICATE OF SERVICE
I, Shorge K.
Sato, an attorney, certify that I have served Federal Die Casting,
Co.’s First Set ofDocument Requests to Complainant 2222 Elston LLC upon the parties on the
attached service list, in the manner indicated, this 26th dayofSeptember, 2003:
9
SERVICE LIST
BY FEDERAL
EXPRESS
Craig V. Richardson, Esq.
Christopher J. Neumann,
Esq.
Greenberg Traurig, L.L.P.
1200 Seventeenth St., Twenty-Fourth Floor
Denver, CO
80202
BY
MESSENGER
Francis A. Citera
Daniel T. Fahner
Greenberg Traurig, P.C.
77 W. Wacker Dr., Suite 2500
Chicago, IL 60601
Robert L. Graham
Bill S. Forcade
Steven M. Siros
Jason B. Yearout
JENNER & BLOCK (05003)
One IBM Plaza
Chicago, IL 60606
(312)222-9350
Diane M. Pezanoski
Deputy Corporation Counsel
George D. Theophilos
Senior Counsel
Charles A. King
Assistant Corporation Counsel
Chicago Department ofLaw
30 N. La Salle
St.
Suite 900
Chicago, IL 60602
(312) 742-0330
Bradley P. Halloran
Hearing Officer
Illinois
Pollution Control Board
James R.
Thompson Center
100 W. Randolph St., Ste.
11-500
Chicago, Illinois 60601
10