BTLf12/4/03
Attorney No. 90068
STATE OF ILLINOIS
)
)
ss.
COUNTY OF COOK
)
RECE~VEED
CLERK’S
OFFIC
BEFORE TUE ILLINOIS POLLUTION CONTROLBOARD
DEC
MORRY GABEL, MYRA GABEL,
)
STATE
Ok- ILLiNOIS
DON FOREMAN, MARSHA FOREMAN,
)
p0fluttofl
Contr0~
Board
KEITH PINSONEAULT and TRACY PINSONEAULT.
)
)
Complainant,
)
)
vs.
)
No. PCB 03-38
)
THE WEALSITIRE,
INC., an
)
ILLINOIS CORPORATION.
)
)
Respondent.
)
NOTICE OF FILING
BradleyP. Halloran
Mitchell S. Feinberg
Hearing Officer
Chuhak & Tecson, P.C.
Illinois Pollution Control Board
30 South Wacker Drive
James R. Thompson Center, Suite 11-500
Suite2600
100 West Randolph Street
Chicago, IL 60606
Chicago, IL 60601
PLEASE
TAKE NOTICE that on the
______
day ofDecember,
2003, there was filed with
the
Illinois
Pollution
Control Board
the following discovery pleadings of Respondent,
copies of
which are served herewith:
1.
Interrogatories to Morry Gabel;
2.
Interrogatories to Myra Gabel;
3.
Interrogatories to DonForeman;
4.
Tnterrogatories to MarshaForeman;
5.
Tnterrogatories to KeithPinsoneault;
6.
Interrogatories to Tracy Pinsoneault;
7.
Notice to Produce to all Complainants.
TUE WEALSUIRE, INC.
Bruce T.
Logan
Ash, Anos, Freedman & Logan, L.L.C.
_________________________________
77 West WashingtonStreet
By: ~
Anos, Fr~than& Logan, L.L.C.
Chicago, IL 60602
312-346-1389
Attorneys for Respondent
AFFIDAVIT
OF
SERVICE
The undersigned, being first duly sworn on oath, deposes and says that she served the above
and foregoing Notice ofFiling and Interrogatories to Complainant,
Moriy Gabel, Interrogatories to
Complainant,
Myra
Gabel,
Interrogatories
to
Complainant,
Don
Foreman,
Interrogatories
to
Complainant,
Marsha Foreman, Interrogatories to
Complainant,
Keith Pinsoneault,
Interrogatories
to
Complainant, Tracy Pinsoneault, and a Notice to Produce, by mailing a copy ofeach pleading to:
Bradley P. Halloran
Mitchell S. Feinberg
Hearing Officer
Chuhak & Tecson, P.C.
Illinois Pollution Control Board
30 South Wacker Drive
James R. Thompson Center
Suite 2600
Suite 11-500
Chicago, IL 60606
100 WestRandolph Street
FAX 312-444-9027
Chicago, IL 60601
FAX 312-814-3669
and depositing same in the U.S. Mail Chute at 77
WestWashington Street, Chicago, Illinois 60602,
at
5:00 P.M. on December 4, 2003, with proper postage prepaid.
~
Subscribed and sworn to before me
this ~~4lay
ofDecember, 2003
N
TARY PUBLIC
BTL/1 1/25/03
Attorney No. 90068
STATEOFILLNOIS
)
)
ss.
CLERK’S
OFFJCE
COUNTY OF COOK
)
DEC
4
2003
STATE OF ILLINOIS
S1~ATEOF ~LUNOIS
POLLUTION CONTROL BOARD
Pollution
Control
Board
100W. RANDOLPH STREET, SUITE 11-500
CHICAGO, ILLINOIS 60601
MORRY GABEL, MYRA GABEL,
)
DONFOREMAN, MARSHA FOREMAN,
)
KEITHPINSONEAULT and TRACYPINS ONEAULT.
)
)
Complainant,
)
)
vs.
)
No. PCB 03-38
)
TUE WEALSUIRE, INC., an
)
ILLINOIS CORPORATION.
)
)
Respondent.
)
)
INTERROGATORIES TO COMPLAINANT,
MORRY GAIEL
NOW
COMES
the
Respondent,
The
Wealshire,
Inc.,
by
its
Attorneys,
Ash,
Anos,
Freedman &
Logan,
L.L.C.,
and
propounds the
following
Interrogatories
to
the
Complainant,
MORRY GABEL, to be answered under oath, pursuant to
the applicable rules ofthe Illinois Code
ofCivil Procedure and the Rules ofthe Illinois Supreme Court.
Defmitions:
1.
Documents
-
As
used herein, the term “Documents”
means
and
includes (without
limitation and without regard to the form or manner of recording) any tangible thing producible,
any
correspondence,
communications,
instructions,
intercorporate
or
interpersonal
memoranda,
notations,
telegram wires, travel
records,
diary entries,
appointment
books,
calendar pads,
desk
pads,
telephone
pads,
brochures,
pamphlets,
notes,
reports,
suniinaries,
directories,
minutes,
records,
agreements, transcripts, reports,
legal documents, billing records,
invoices, drafts,
attorney
and accountant invoices, time
records,
accounting work sheets,
canceled checks, vouchers,
check
stubs, drawings,
graphs,
charts,
photographs,
recordings,
facsimile transmissions,
computer data
held within the computer data banks in electronic or digital
form,
computer tapes and printouts, e-
mail
correspondence
and
e-mail attachments, Excel
document,
Access documents,
and
any
other
data compilations
from
which
information can be
obtained
and
translated,
if necessary,
through
detection devices into a reasonably understandable form, which
are in the possession of or control
of the Complainant or Complainant’s
attorneys, agents, representatives, employees,
and/or anyone
acting in Complainant’s behalf.
Where computer data is held within computer data banks in electronic or digital form, the
request for documents includes the request that all such data falling within the request be printed in
hard copy and produced.
2.
The Wealshire
-
As used herein, “The Wealshire” shall refer to
Alzheimer’s
care
facility located at 150 Jamestown Lane, Lincoinshire, Illinois 60069.
Interrogatories:
1.
State yourfull name, date ofbirth, social security number, and residence address.
ANSWER:
2.
State the date you began yourresidency atyour current address?
ANSWER:
3.
What was the acquisition price ofyour current residence?
ANSWER:
-2-
4.
Do you have
any chart book,
logbook, or notes,
whether written, computerized,
or
digitized, ofthe
dates, times, and duration of the claimed noise pollution?
Ifyour answer is in the
affirmative, please produce sameunder the accompanying Notice to Produce.
ANSWER:
5.
Have you or anyone in
your behalf prepared or obtained an estimate for the cost of
“relocating the Air Conditioner(s) to the opposite side” of The Wealshire?
Ifyour answer is in the
affirmative, please produce same under the accompanyingNotice to Produce.
ANSWER:
6.
Have
you
or
anyone
in your behalf obtained
plans
and
specifications
(or,
if
a
product by a specific manufacturer, the name ofthe manufacturer and the product designation)
for
any “sound barriers or other devices” that would “affirmatively reduce all noise violations to
levels
not in violation of current laws”?
Ifyour answer
is in the affirmative, describe the nature of such
sound barriers or other devices.
If the information is
in documentary or computer
form,
please
produce same under the accompanying Notice to Produce.
ANSWER:
7.
Does your residence have single
pane,
double pane, or triple pane windows on the
south side ofyourunit?
-3-
ANSWER:
8.
On what side ofyour residence unit is yourbedroom located?
ANSWER:
9.
During the
hours
of complaint,
do
you
have your windows
in your unit
open or
closed?
ANSWER:
10.
Attached is a hand drawn map taken from the Complainants’ expert report prepared
by
Greg Zak (herein “Map”).
Note on the Map the location ofthe air conditioner compressor unit
servicing
your
residence
and
note
the
distance
in
feet between
your residence
and
your
air
conditioner compressor unit.
Also note the location ofyour bedroom window by placing a “B” on
the Map.
ANSWER:
11.
With regard to
any
other air conditioning units
in the
area,
including those
in the
Williamsburg
Condominium
complex,
state if there
are
any
within
150
ft.
of your residence.
If
-4-
there are,
on the attached Map, note in hand
their locations
and the
distance in feet between their
locations and yourresidence.
ANSWER:
12.
Are you aware of the modifications
made by The Wealshire
to
its
air
conditioning
chiller units?
Ifyour answer is in the affirmative, state what alternative measures you are aware of
to further militate against any sound escaping from said chillers and the costs of such measures.
ANSWER:
13.
Has your expert witness,
Greg Zak,
offered
any alternative measures to reduce the
decibel
level
from
The
Wealshire’s
air
conditioning
chiller
units?
If your
answer
is
in
the
affirmative, disclose the measures and state the estimated cost of implementing such measures.
In
further answering,
state if any inquiry has been made by yourself or Mr. Zak to
the manufacturer,
Trane, as to whethei~
his proposed modifications are acceptable to Trane.
ANSWER:
14
Identity by name and address all witnesses who will testify at trial, and provide the
following information:
(a)
Identify
all
“lay witnesses”,
the subject matter on which
each will testify,
and disclose the
facts knownby and the opinions held by each witness.
ANSWER:
-5-
15
Identify
each “independent expert witness”
and
the subject matter
on
which
the
witness will testify
and the opinions you expect to
elicit.
In doing so, state the
facts known by the
witnesses and the opinions held by the said witnesses.
ANSWER:
16
Identify each “controlled expert witness” and in doing so, identify:
(i)
The subject matter on which each witness will testify;
(ii)
The conclusions and opinions ofeach witness and the bases therefore;
(iii)
The qualifications of eachwitness; and
(iv)
Any
reports
prepared
by
each
witness
about
the
case
and
produce
any
reports prepared by eachwitness about the case.
ANSWER:
THE WEALSBRE,
INC.
/
/
~
BAsi~Ano~,F~dm~~n,
L.L.C.
Bruce T. Logan
Ash, Anos, Freedman & Logan, L.L.C.
77 West Washington Street
Chicago, IL 60602
312-346-1389
Attorneys for Respondent
-6-
BTL/12/1/03
Attorney No. 90068
STATE OF ILLINOIS
)
)
ss.
COUNTYOFCOOK
)
CLERK’S
OFFrr’F
STATE OF ILLINOIS
POLLUTION CONTROL BOARD
DEC
4
2003
100
W.
RANDOLPH STREET, SUITE 11-500
STATE OF ILLINOIS
CHICAGO, ILLINOIS 60601
PollutIon Control
Board
MORRY GABEL, MYRA GABEL,
)
DON FOREMAN, MARSHA FOREMAN,
)
KEITHPINSONEAULT
and
TRACY PINSONEAULT.
)
)
Complainant,
)
)
vs.
)
No. PCB 03-38
)
THE WEALSHIRE, INC., an
)
ILLINOIS CORPORATION.
)
)
Respondent.
)
)
INTERROGATORIES TO
COMPLAINANT,
MYRA GABEL
NOW
COMES
the
Respondent,
The
Wealshire,
Inc.,
by
its
Attorneys,
Ash,
Anos,
Freedman
&
Logan,
L.L.C.,
and
propounds
the
following
Interrogatories
to
the
Complainant,
MYRA GABEL, to be answered under oath, pursuant to
the applicable rules ofthe Illinois Code of
Civil Procedure and the Rules ofthe Illinois Supreme Court.
Definitions:
1.
Documents
-
As
used herein, the term “Documents”
means
and
includes (without
limitation
and without regard to the
form
or
manner
of recording)
any tangible thing producible,
any
correspondence,
communications,
instructions,
intercorporate
or
interpersonal
memoranda,
notations,
telegram
wires, travel
records,
diary
entries,
appointment
books,
calendar pads,
desk
pads,
telephone
pads,
brochures,
pamphlets,
notes,
reports,
summaries,
directories,
minutes,
records,
agreements, transcripts, reports,
legal documents, billing records, invoices, drafts,
attorney
and accountant
invoices, time records,
accounting work sheets,
canceled checks, vouchers,
check
stubs,
drawings, graphs,
charts,
photographs,
recordings,
facsimile transmissions, computer data
held within the computer data banks in electronic or digital form, computer tapes and printouts, e-
mail correspondence
and
e-mail
attachments, Excel
document,
Access documents,
and
any
other
data compilations
from
which
information can be obtained
and
translated, if necessary,
through
detection devices into a reasonably understandable form, which are in the possession of or control
of the Complainant or Complainant’s attorneys,
agents, representatives, employees,
and/or anyone
acting
in
Complainant’s behalf.
Where computer data
is held within computer data banks in electronic
or
digital form,
the
request for documents includes the request that
all such data falling within the request be printed in
hard copy and produced.
2.
The
Wealshire
-
As
used herein, “The Wealshire” shall refer to
Alzheimer’s
care
facility located at 150 Jamestown Lane,
Lincolnshire, Illinois 60069.
Interrogatories:
1.
State your full name, date ofbirth, social security number, and residence address.
ANSWER:
2.
State the date you began your residency at your current address?
ANSWER:
3.
What was the acquisitionprice ofyourcurrent residence?
ANSWER:
-2-
4.
Do you have any
chart book,
logbook,
or notes,
whether written, computerized,
or
digitized, ofthe dates,
times, and duration ofthe claimed noise pollution?
Ifyour answer is in the
affirmative, please produce same under the accompanying Notice to Produce.
ANSWER:
5.
Have
you or
anyone in yourbehalf prepared
or obtained an
estimate for the
cost of
“relocating the Air Conditioner(s) to the opposite
side” of The Wealshire?
Ifyour answer is in the
affirmative, please produce sameunder the accompanying Notice
to Produce.
ANSWER:
6.
Have
you
or
anyone
in
your behalf
obtained
plans
and
specifications
(or,
if
a
product by a specific
manufacturer, the
name of the
manufacturer
and the product designation) for
any “sound barriers
or other
devices” that would “affirmatively reduce all noise violations to levels
not
in violation of current laws”?
Ifyour answer is
in the affirmative, describe the nature of such
sound barriers or other devices.
If the information
is
in
documentary or computer form,
please
produce same under the accompanying Notice to Produce.
ANSWER:
7.
Does your residence have single
pane,
double pane, or triple pane windows on the
south side ofyourunit?
-3-
ANSWER:
8.
On what side ofyour residence
unit is your bedroom located?
ANSWER:
9.
During
the
hours
of complaint,
do
you
have your windows
in your unit
open
or
closed?
ANSWER:
10.
Attached
is a hand drawn map taken from the Complainants’ expert report prepared
by
Greg Zak (herein “Map”).
Note on the Map the location of the air conditioner compressor unit
servicing
your
residence
and
note
the
distance
in
feet between
your
residence
and
your
air
conditioner compressor unit.
Also note the location ofyour bedroom window by placing a “B” on
the Map.
ANSWER:
11.
With regard to
any
other air conditioning units
in the
area, including
those in the
Williamsburg
Condominium complex,
state if there are
any within
150
ft.
of your residence.
If
-4-
there are,
on the attached Map, note in hand their locations
and the distance in feet between their
locations and your residence.
ANSWER:
12.
Are you aware ofthe modifications made by The
Wealshire to its
air conditioning
chiller units?
Ifyour answer is in the affirmative, state what alternative measures you are aware of
to further militate against any sound escaping from said chillers and the costs ofsuchmeasures.
ANSWER:
13.
Has your expert witness,
Greg Zak,
offered
any alternative measures to
reduce the
decibel
level
from
The
Wealshire’ s
air
conditioning
chiller
units?
If your
answer
is
in
the
affirmative, disclose the measures and
state the estimated cost ofimplementing
such measures.
In
further answering,
state if any inquiry has been made by yourself or Mr. Zak to
the manufacturer,
Trane, as to whether his proposedmodifications are acceptableto Trane.
ANSWER:
14
Identity by name and address all witnesses who will testify at trial,
and provide the
following information:
(a)
Identify all
“lay witnesses”,
the subject matter
on
which
each will testify,
and disclose the facts known by and the opinions held by eachwitness.
ANSWER:
-5-
15
Identify
each “independent
expert witness”
and
the
subject matter on
which
the
witness will
testify and the opinions you expect to
elicit.
In doing so, state the facts known by the
witnesses and the opinions held by the said witnesses.
ANSWER:
16
Identify each “controlled expert witness” and in doing so, identify:
(i)
The subjectmatter on which each witness will testify;
(ii)
The conclusions and opinions ofeach witness and the bases therefore;
(iii)
The qualifications of each witness; and
(iv)
Any
reports
prepared
by
each witness
about
the
case
and
produce
any
reports prepared by eachwitness about the case.
ANSWER:
THE
~~LS~E,
INC.
(
~
By
~
Anos, F~eedhian
&‘7Iganc~ErL
C
Bruce T. Logan
I.
/
Ash, Anos, Freedman & Logan, L.L.C.
77 West Washington Street
Chicago, IL 60602
312-346-1389
Attorneys forRespondent
-6-
BTL/12/1/03
Attorney No.
90068
STATE OF ILLINOIS
)
)
ss.
.~.
—~
COUNTYOF COOK
)
~
~.
r~
STATE OF ILLINOIS
~
~
~
POLLUTION CONTROL BOARD
100 W. RANDOLPH STREET, SUITE 11-500
~
CHICAGO, ILLINOIS 60601
~
~
?O~~tLtt~)
MORRY GABEL, MYRA GABEL,
)
DON
FOREMAN, MARSHA FOREMAN,
)
KEITH PINS ONEAULT and TRACY PINSONEAULT.
)
)
Complainant,
))
vs.
)
No. PCB 03-38
)
THE WEALSHIRE, INC.,
an
)
ILLINOIS CORPORATION.
)
)
Respondent.
)
)
INTERROGATORIES TO COMPLAINANT,
DON
FOREMAN
NOW
COMES
the
Respondent,
The
Wealshire,
Inc.,
by
its
Attorneys,
Ash,
Anos,
Freedman & Logan, L.L.C., and propounds the following Interrogatories to the Complainant,
DON
FOREMAN, to be
answered
under oath, pursuant to
the applicable rules of the Illinois
Code of
Civil Procedure and the Rules ofthe Illinois Supreme Court.
Definitions:
1.
Documents
-
As used herein,
the term “Documents”
means
and includes
(without
limitation
and
without regard to
the
form
or manner of recording) any tangible thing producible,
any
correspondence,
communications,
instructions,
intercorporate
or interpersonal
memoranda,
notations,
telegram wires,
travel
records,
diary
entries, appointment
books, calendar pads,
desk
pads,
telephone
pads,
brochures,
pamphlets,
notes,
reports,
summaries,
directories,
minutes,
records, agreements, transcripts, reports, legal documents, billing records, invoices, drafts, attorney
and accountant invoices, time records,
accounting work
sheets,
canceled checks,
vouchers,
check
stubs,
drawings, graphs,
charts,
photographs,
recordings,
facsimile
transmissions,
computer data
held within the computer data banks in electronic
or digital form, computer tapes and printouts, e-
mail
correspondence
and
e-mail
attachments,
Excel
document, Access documents, and
any
other
data compilations
from
which
information can be obtained
and
translated,
if necessary,
through
detection devices into a reasonably understandable form, which are in the possession ofor control
of the Complainant or Complainant’s attorneys, agents, representatives, employees, and/or anyone
acting in Complainant’s behalf.
Where computer data is held within computer data banks in electronic or digital form, the
request for documents includes the request that all such data falling within the requestbe printed in
hard copy and produced.
2.
The
Wealshire
-
As
used herein, “The Wealshire” shall refer to
Alzheimer’s care
facility located
at
150 Jamestown Lane, Lincoinshire, Illinois 60069.
Interrogatories:
1.
State your full name, date ofbirth, social security number,
and residence address.
ANSWER:
2.
State the date you began yourresidency at your current address?
ANSWER:
3.
What was the acquisitionprice ofyour current residence?
ANSWER:
-2-
4.
Do you have any chart book,
logbook,
or notes,
whether written, computerized, or
digitized, ofthe
dates, times,
and duration of the claimed noise pollution?
Ifyour answer is in the
affirmative, please produce same under the accompanying Notice-to Produce.
ANSWER:
5.
Have you or anyone in your behalfprepared or obtained an estimate for the cost of
“relocating the Air Conditioner(s) to the opposite side” ofThe Wealshire?
Ifyour answer is
in the
affirmative, please produce same under the accompanying Notice to Produce.
ANSWER:
6.
Have
you
or anyone
in your behalf
obtained
plans
and
specifications
(or,
if
a
product by a specific manufacturer, the name ofthe manufacturer
and the product designation) for
any “soundbathers or other devices” that would “affirmatively reduce all noise violations to levels
not in violation of current laws”?
Ifyour answer is in the
affirmative, describe the nature of such
sound barriers or other devices.
If the information is
in
documentary
or computer
form,
please
produce same under the accompanying Notice to Produce.
ANSWER:
7.
Does your residence have
single pane, double pane,
or triple pane windows
on the
south side ofyourunit?
-3-
ANSWER:
8.
On what side ofyourresidence unit is your bedroom located?
ANSWER:
9.
During
the hours
of complaint,
do
you
have your windows
in
your unit open or
closed?
ANSWER:
10.
Attached
is
a
hand drawn map taken from the Complainants’ expert report prepared
by
Greg Zak (herein “Map”).
Note on the Map the location of the
air
conditioner compressor unit
servicing
your
residence
and
note
the
distance
in
feet
between
your
residence
and
your
air
conditioner compressor unit.
Also note the location of your bedroom window by placing a “B” on
the Map.
ANSWER:
11.
With regard to
any
other air conditioning units
in
the
area, including
those in the
Williamsburg
Condominium
complex,
state if there
are
any within
150
ft. ofyour residence.
If
-4-
there are,
on the attached Map, note in hand their locations and the distance in feet between their
locations and your residence.
ANSWER:
12.
Are you aware ofthe modifications made by The Wealshire to
its
air conditioning
chiller units?
If your
answer is in the affirmative,
state what alternative measures you are aware
of
to
furthermilitate against any sound escaping from said chillers and the costs ofsuch measures.
ANSWER:
13.
Has your expert witness,
Greg Zak,
offered any alternative measures to reduce the
decibel
level
from
The
Wealshire’s
air
conditioning
chiller
units?
If your
answer
is
in
the
affirmative,
disclose the measures and
state the estimated cost ofimplementing such measures.
In
further answering,
state if any
inquiry has been made by yourself or Mr. Zak to
the manufacturer,
Trane, as to whether his proposed modifications are acceptableto Trane.
ANSWER:
14
Identity by name and
address all witnesses who will testify at trial,
and provide the
following information:
(a)
Identify
all
“lay witnesses”,
the subject matter on which
each will
testify,
and disclose the facts knownby and the opinions held by each witness.
ANSWER:
-5-
15
Identify each
“independent
expert witness”
and
the
subject matter on
which
the
witness will testify and the opinions you
expect to elicit.
In doing
so, state the facts known by the
witnesses and the opinions held by the said witnesses.
ANSWER:
16
Identify each “controlled expertwitness” and in doing so, identify:
(i)
The subject matter on which each witness will testify;
(ii)
The conclusions and opinions ofeach witness and the bases therefore;
(iii)
The qualifications ofeach witness;
and
(iv)
Any
reports
prepared
by
each
witness
about
the
reports preparedby each witness about the case.
ANSWER:
case
and
produce
any
Bruce T. Logan
Ash, Anos, Freedman & Logan, L.L.C.
77 WestWashington Street
Chicago, IL 60602
312-346-1389
Attorneys for Respondent
By:
sl~Ano~Free,27~an, L.L.C.
THE
-6-
BTL/12/1/03
Attorney No. 90068
STATEOFILLINOIS
)
)
ss.
(U:~RM~
(HC~E
COUNTY OF COOK
)
C)EC:
4
2003
STATE OF ILLINOIS
~I&’E OF ILLINOIS
POLLUTION CONTROL BOARD
Pollution
Control Board
100
W. RANDOLPH STREET, SUITE 11-500
CHICAGO, ILLINOIS 60601
MORRY GABEL, MYRA GABEL,
)
DON FOREMAN, MARSHA FOREMAN,
)
KEITH PINSONEAULT and TRACY PINSONEAULT.
)
)
Complainant,
)
)
vs.
)
No. PCB 03-38
)
THE WEALSHIRE, INC.,
an
)
ILLINOIS CORPORATION.
)
)
Respondent.
)
)
INTERROGATORIES TO COMPLAINANT,
MARSHA
FOREMAN
NOW
COMES
the
Respondent,
The
Wealshire,
Inc.,
by
its
Attorneys,
Ash,
Anos,
Freedman
&
Logan,
L.L.C.,
and
propounds
the
following
Interrogatories to
the
Complainant,
MARSHA FOREMAN,
to be answered under oath, pursuant to the applicable rules of the Illinois
Code of Civil Procedure
and the Rules ofthe Illinois
Supreme Court.
Definitions:
1.
Documents
-
As
used herein, the term “Documents”
means and includes (without
limitation
and
without regard to
the
form or manner of recording)
any tangible thing
producible,
any
correspondence,
communications,
instructions,
intercorporate
or
interpersonal
memoranda,
notations,
telegram wires,
travel
records,
diary
entries,
appointment
books,
calendar pads,
desk
pads,
telephone
pads,
brochures,
pamphlets,
notes,
reports,
summaries,
directories,
minutes,
records,
agreements, transcripts, reports,
legal documents, billing records, invoices, drafts,
attorney
and accountant invoices,
time records,
accounting work
sheets,
canceled checks,
vouchers,
check
stubs,
drawings,
graphs, charts,
photographs,
recordings,
facsimile transmissions,
computer data
held within the computer data banks in electronic or digital form,
computer tapes and printouts, e-
mail
correspondence
and
e-mail
attachments,
Excel document,
Access documents, and
any
other
data compilations
from which
information can be
obtained
and
translated, if necessary, through
detection devices into a reasonably understandable form,
which are in the possession ofor control
of the Complainant or Complainant’s attorneys, agents,
representatives, employees,
and/or anyone
acting in Complainant’s behalf.
Where computer data is held within computer data banks in electronic or digital form, the
request for documents includes the request that all such data falling withinthe request be printed in
hard copy and produced.
2.
The
Wealshire
-
As
used herein, “The Wealshire” shall refer to Alzheimer’s care
facilitylocated at 150 Jamestown Lane, Lincolnshire, Illinois 60069.
Interrogatories:
1.
State yourfull name, date ofbirth, social securitynumber, and residence address.
ANSWER:
2.
State the dateyou beganyour residency at your current address?
ANSWER:
3.
What was the acquisitionprice ofyourcurrent residence?
ANSWER:
-2-
4.
Do
you have any chart book,
logbook,
or notes, whether written, computerized, or
digitized, ofthe dates,
times, and duration ofthe claimed noise pollution?
If your answer is in the
affirmative, please produce same under the accompanying Notice to Produce.
ANSWER:
5.
Have you or anyone in your behalfprepared or obtained an estimate for the cost of
“relocating the Air Conditioner(s) to the opposite side” ofThe Wealshire?
Ifyour answer is in the
affirmative, please produce same under the accompanying Noticeto Produce.
ANSWER:
6.
Have
you
or
anyone
in
your
behalf obtained
plans
and
specifications
(or,
if
a
product by a specific manufacturer, the name of the manufacturer and the product designation) for
any “sound bathers or other devices” that would “affirmativelyreduce all noise violations to
levels
not
in violation of current laws”?
If your answer is in the affirmative,
describe the nature of such
sound bathers
or other devices.
If the
information
is
in
documentary
or
computer form,
please
produce same under the accompanying Notice to Produce.
ANSWER:
7.
Does your residence have
single pane,
double pane, or triple pane windows
on the
south side ofyourunit?
-3-
ANSWER:
8.
Onwhat side ofyour residence unit is yourbedroom located?
ANSWER:
9.
During the
hours of complaint,
do
you have your windows
in your unit open
or
closed?
ANSWER:
10.
Attached is a hand drawn map taken from the Complainants’ expert report prepared
by
Greg Zak (herein “Map”).
Note on the Map the location of the air conditioner compressor unit
servicing
your residence
and
note
the
distance
in
feet
between
your residence
and
your
air
conditioner compressor unit.
Also note the location of your bedroom window by placing a “B” on
the Map.
ANSWER:
11.
With regard to
any other
air conditioning units
in the
area,
including
those in
the
Williamsburg Condominium
complex,
state if
there are
any
within
150
ft. of
your residence.
If
-4-
there are,
on
the attached Map, note in hand their locations
and the distance
in feet between their
locations and your residence.
ANSWER:
12.
Are you aware ofthe modifications made by The Wealshire to its air conditioning
chiller units?
Ifyour answer is in the affirmative, state what alternative measures you are aware of
to further militate against any sound escaping from said chillers and the costs ofsuch measures.
ANSWER:
13.
Has your expert witness,
Greg Zak,
offered any alternative measures to reduce the
decibel
level
from
The
Wealshire’s
air
conditioning
chiller
units?
If your
answer
is
in
the
affirmative,
disclose the measures and state the estimated cost of implementing such measures.
In
further answering, state if any inquiry has been made by yourself or Mr. Zak to the manufacturer,
Trane, as to whether his proposedmodifications
are acceptable to Trane.
ANSWER:
14
Identity by name and address
all witnesses who will testify at trial,
and provide the
following information:
(a)
Identify
all
“lay witnesses”,
the subject matter on which
each will
testify,
and disclose the facts knownby and the opinions held by each witness.
ANSWER:
-5-
15
Identify
each
“independent
expert witness”
and
the
subject
matter on
which
the
witness will testify and the opinions you expect to
elicit.
In doing
so, state the facts known by the
witnesses and the opinions held by the said witnesses.
ANSWER:
16
Identify each “controlled expertwitness” and in doing so, identify:
(i)
The subject matter on which each witness will testify;
(ii)
The conclusions
and opinions of each witness and the bases therefore;
(iii)
The qualifications ofeach witness; and
(iv)
Any
reports
prepared
by
each
witness
about
the
case
and
produce
any
reports preparedby eachwitness about the case.
ANSWER:
Bruce T. Logan
Ash, Anos, Freedman & Logan, L.L.C.
77 WestWashington Street
Chicago, IL 60602
312-346-1389
Attorneys forRespondent
By~s1i,
F~e,at~Logan,L.L.C.
THE
-6-
BTL/12/1/03
Attorney No.
90068
STATE OF ILLINOIS
)
)
ss.
COUNTY OF COOK
)
CTL~c’~
~
STATE OF ILLINOIS
1) E~C
4
2003
POLLUTION CONTROL BOARD
100
W. RANDOLPH STREET, SUITE ii~5oôTATE
OF ILLINOIS
CHICAGO, ILLINOIS 60601
Pollution
Control Board
MORRY GABEL, MYRA GABEL,
)
DONFOREMAN, MARSHA
FOREMAN,
)
KEITH PINSONEAUILT and TRACY PINSONEAULT.
)
)
Complainant,
)
)
vs.
)
No. PCB 03-3 8
)
THE WEALSHIRE, INC., an
)
ILLINOIS CORPORATION.
)
)
Respondent.
)
)
INTERROGATORIES
TO COMPLAINANT,
KEITH PINSONEAULT
NOW
COMES
the
Respondent,
The
Wealshire,
Inc.,
by
its
Attorneys,
Ash,
Anos,
Freedman
&
Logan,
L.L.C.,
and
propounds
the following
Interrogatories
to
the
Complainant,
KEITH PINSONEAULT,
to
be
answered
under
oath,
pursuant
to
the
applicable
rules
of the
Illinois Code of Civil Procedure and the Rules ofthe Illinois Supreme Court.
Defmitions:
1.
Documents
-
As used herein, the term “Documents”
means
and includes (without
limitation
and
without regard to the form or manner ofrecording) any tangible thing producible,
any
correspondence,
communications,
instructions,
intercorporate
or
interpersonal
memoranda,
notations,
telegram wires,
travel
records,
diary
entries,
appointment
books, calendar pads, desk
pads,
telephone
pads,
brochures,
pamphlets,
notes,
reports,
summaries,
directories,
minutes,
records,
agreements,
transcripts, reports, legal documents, billing records,
invoices, drafts,
attorney
and
accountant invoices, time
records,
accounting work sheets, canceled checks,
vouchers, check
stubs,
drawings,
graphs, charts,
photographs,
recordings,
facsimile transmissions, computer
data
held within the computer data banks in
electronic or digital form, computer tapes and printouts, e-
mail
correspondence
and
e-mail attachments,
Excel
document,
Access documents, and
any other
data compilations
from
which information can be
obtained
and
translated,
if necessary, through
detection devices into a reasonably understandable form, which are in the possession ofor control
of the Complainant or Complainant’s attorneys, agents, representatives, employees,
and/or anyone
acting in Complainant’sbehalf.
Where computer data is held within computer data banks in electronic
or digital form,
the
request for documents includes the request that all such data falling within the request be printed in
hard copy and produced.
2.
The
Wealshire
-
As
used herein, “The Wealshire” shall refer to Alzheimer’s care
facilitylocated at 150 Jamestown Lane, Lincohishire, Illinois 60069.
Interrogatories:
1.
State your full name, date ofbirth, social security number, and residence address.
ANSWER:
2.
State the date you beganyour residency atyour current address?
ANSWER:
3.
Whatwas the acquisition price of yourcurrent residence?
ANSWER:
-2-
4.
Do you have any chart book, logbook, or notes, whether written,
computerized,
or
digitized, ofthe dates, times,
and duration ofthe claimed noise pollution?
Ifyour answer is in the
affirmative, please produce same under the accompanying Notice to Produce.
ANSWER:
5.
Have you or anyone in your behalf prepared or obtained an estimate for the cost of
“relocating the Air Conditioner(s) to
the opposite side” ofThe Wealshire?
Ifyour answer is in the
affirmative, please produce same under the accompanying Notice to Produce.
ANSWER:
6.
Have
you
or
anyone
in your
behalf obtained plans
and
specifications
(or,
if
a
product
by a specific manufacturer, the name of the manufacturer and the product
designation) for
any “sound barriers or other devices” that would “affirmatively reduce all noise violations to levels
not in violation of current laws”?
Ifyour answer is
in the affirmative, describe the nature of such
sound bathers or other devices.
If the
information
is
in
documentary or computer form, please
produce same under the accompanying Notice to Produce.
ANSWER:
7.
Does your residence
have single pane,
double pane, or triple
pane windows on the
south side ofyour unit?
-3-
ANSWER:
8.
On what side ofyourresidence unit is yourbedroom located?
ANSWER:
9.
During the
hours
of complaint,
do
you
have your windows
in your unit
open
or
closed?
ANSWER:
10.
Attached is a hand drawn map taken from the Complainants’ expert report prepared
by Greg Zak (herein “Map”).
Note on the Map the location ofthe air conditioner compressor unit
servicing
your
residence
and
note
the
distance
in
feet
between
your residence
and
your
air
conditioner compressor unit.
Also note the location ofyour bedroom window by placing a “B” on
theMap.
ANSWER:
11.
With regard to
any
other
air
conditioning
units
in
the
area, including
those in
the
Williamsburg
Condominium
complex,
state if there are
any within
150
ft. of your residence.
If
-4-
there are,
on the attached Map, note in
hand their locations and
the distance in
feet between their
locations and your residence.
ANSWER:
12.
Are you aware ofthe modifications made by The Wealshire to
its
air conditioning
chiller units?
Ifyour answer is in the affirmative, state what alternative measures you are aware of
to further militate against any sound escaping from said chillers and the costs ofsuchmeasures.
ANSWER:
13.
Has your expert witness,
Greg Zak,
offered
any
alternative measures to
reduce the
decibel
level
from
The
Wealshire’s
air
conditioning
chiller
units?
If your
answer
is
in
the
affirmative, disclose the measures and state the estimated cost ofimplementing such measures.
In
further
answering, state if any inquiry has been made by yourself or Mr. Zak to the manufacturer,
Trane, as to whether his proposed modifications
are acceptable to Trane.
ANSWER:
14
Identity by name and address all witnesses who will testify at trial, and
provide
the
following information:
(a)
Identify all
“lay witnesses”,
the subject matter on
which each will
testify,
and disclosethe facts known by and the opinions held by eachwitness.
ANSWER:
-5-
15
Identify each “independent
expert
witness”
and
the
subject matter
on
which
the
witness will testify and the opinions you expect to
elicit.
In doing so, state the facts known by the
witnesses and the opinions held by the said witnesses.
ANSWER:
16
Identify each “controlled expertwitness” and in doing so, identify:
(i)
The subject matteron which each witness will testify;
(ii)
The conclusions and opinions ofeach witness and the bases therefore;
(iii)
The qualifications ofeach witness;
and
(iv)
Any
reports
prepared
by
each
witness
about
the
case
and
produce
any
reports prepared by each witness about the case.
ANSWER:
THE
INC.
/
A
/
~
Bli~Anos,
Free~than
~
L.L.C.
Bruce T.
Logan
Ash,
Anos, Freedman & Logan, L.L.C.
-~
77 West Washington Street
Chicago, IL 60602
312-346-1389
Attorneys for Respondent
-6-
BTL/12/1/03
Attorney No. 90068
I)
STATE OF ILLINOIS
)
~‘,
orFlcE
)
COUNTY
OF
COOK
)
DEC
4
2003
STATE OF ILLINOIS
~~~A1E
OF ILLIJs~iOIS
POLLUTION CONTROL BOARD
~
Control Board
100W. RANDOLPH STREET, SUITE 11-500
CHICAGO,ILLINOIS 60601
MORRY GABEL, MYRA GABEL,
)
DON FOREMAN, MARSHA FOREMAN,
)
KEITH PINSONEAULT and
TRACY PINS
ONEAULT.
)
)
Complainant,
)
)
vs.
)
No. PCB 03-38
)
THE WEALSHJRE, INC., an
)
ILLINOIS CORPORATION.
)
)
Respondent.
)
)
INTERROGATORIES TO COMPLAINANT,
TRACY PINSONEAULT
NOW
COMES
the
Respondent,
The
Wealshire,
Inc.,
by
its
Attorneys,
Ash,
Anos,
Freedman
&
Logan,
L.L.C.,
and
propounds
the
following
Interrogatories to
the
Complainant,
TRACY
PINSONEAULT, to
be
answered
under
oath,
pursuant to
the
applicable rules of the
Illinois Code of Civil Procedure and the Rules ofthe Illinois Supreme Court.
Definitions:
1.
Documents
-
As
used herein, the term “Documents”
means
and includes (without
limitation
and
without regard to the
form or
manner
of
recording)
any tangible thing producible,
any
correspondence,
communications,
instructions,
intercorporate
or
interpersonal
memoranda,
notations,
telegram
wires, travel
records,
diary entries,
appointment
books,
calendar pads,
desk
pads,
telephone
pads,
brochures,
pamphlets,
notes,
reports,
summaries,
directories,
minutes,
records,
agreements, transcripts, reports,
legal documents, billing records, invoices, drafts, attorney
and accountant invoices, time records,
accounting work sheets,
canceled checks,
vouchers,
check
stubs,
drawings,
graphs, charts,
photographs,
recordings,
facsimile transmissions, computer
data
held within the computer
data banks in electronic or digital form, computer tapes and printouts, e-
mail
correspondence
and
e-mail
attachments, Excel
document, Access documents, and
any
other
data compilations
from
which
information can be
obtained
and
translated,
if necessary, through
detection devices into a reasonably understandable form, which are
in the possession ofor control
ofthe Complainant
or Complainant’s attorneys, agents,
representatives, employees,
and/or anyone
acting in Complainant’s behalf.
Where computer data is held within computer data banks in electronic or digital form, the
request for documents includes the request that all
such data falling within the request be printed in
hard
copy and produced.
2.
The Wealshire
-
As
used herein, “The Wealshire” shall refer to
Alzheimer’s care
facility located at
150 Jamestown Lane, Lincoinshire, Illinois 60069.
Interrogatories:
1.
State your full name, date ofbirth, social security number, and residence address.
ANSWER:
2.
State the date you began your residency at your current address?
ANSWER:
3.
Whatwas the acquisition price ofyour currentresidence?
ANSWER:
-2-
4.
Do you have any
chart book,
logbook, or notes, whether written, computerized, or
digitized, ofthe dates, times, and duration of the claimed noise pollution?
Ifyour answer is in the
affirmative, please produce same under the accompanying Notice to Produce.
ANSWER:
5.
Have you or anyone in your behalf prepared or obtained an estimate for the cost of
“relocating the Air Conditioner(s) to
the opposite side” ofThe
Wealshire?
Ifyour answer is in the
affirmative, please produce same under the accompanying Notice to Produce.
ANSWER:
6.
Have
you
or anyone
in
your behalf obtained
plans
and
specifications
(or,
if
a
product by
a specific manufacturer, the name ofthe manufacturer and the product designation) for
any “sound bathers or other devices” that would “affirmatively reduce all noise violations to levels
not in violation ofcurrent laws”?
Ifyour answer is in the affirmative,
describe the nature of such
sound barriers or other devices.
If the
information
is
in documentary
or computer
form,
please
produce same under the accompanyingNotice to Produce.
ANSWER:
7.
Does your residence have single pane,
double pane,
or
triple pane windows
on the
south side of
yourunit?
-3-
ANSWER:
8.
On what side ofyour residence
unit is your bedroom located?
ANSWER:
9.
During
the
hours
of complaint,
do
you have
your windows
in
your
unit
open
or
closed?
ANSWER:
10.
Attached is a hand drawn map taken from the Complainants’
expert report prepared
by Greg Zak (herein “Map”).
Note on the Map the location ofthe air conditioner compressor miit
servicing
your
residence
and
note
the
distance
in
feet
between
your
residence
and
your
air
conditioner compressor unit.
Also note the location ofyour bedroom window by placing a “B” on
the Map.
ANSWER:
11.
With regard to
any
other air conditioning
units
in the area, including
those
in the
Williamsburg
Condominium
complex,
state if there are any within
150
ft.
of your residence.
If
-4-
there are,
on
the attached Map, note in hand their locations and
the distance in feet between their
locations and your residence.
ANSWER:
12.
Are you aware of the modifications
made by The Wealshire to
its air conditioning
chiller units?
Ifyour answer is in the affirmative, state what alternative measures you are aware of
to further militate against any sound escaping from said chillers and the costs of such measures.
ANSWER:
13.
Has your expert witness,
Greg Zak,
offered any alternative measures to reduce the
decibel
level
from
The
Wealshire’ s
air
conditioning
chiller
units?
If your
answer
is
in
the
affirmative,
disclose the measures
and state the estimated cost of implementing such measures.
In
further
answering,
state if any inquiry has been made by yourself or Mr. Zak to the manufacturer,
Trane, as to whether his proposedmodifications
are acceptable to Trane.
ANSWER:
14
Identity by name and
address all witnesses
who will testify at trial,
and
provide the
following information:
(a)
Identify
all
“lay
witnesses”,
the subject
matter on which
each will
testify,
and
disclose the facts
known by and
the opinions held by each witness.
ANSWER:
-5-
15
Identify each “independent expert
witness”
and
the
.subject matter on
which
the
witness will testify and the opinions you expect to
elicit.
In doing so, state the facts known by the
witnesses and the opinions held by the said witnesses.
ANSWER:
16
Identify each “controlled expert witness” and in doing so, identify:
(i)
The subjectmatter on which eachwitness will testify;
(ii)
The conclusions and opinions ofeach witness and the bases therefore;
(iii)
The qualifications ofeach witness; and
(iv)
Any
reports
prepared
by
each
witness
about
the
case
and
produce
any
reports prepared by eachwitness about the case.
ANSWER:
Bruce T. Logan
Ash, Anos, Freedman & Logan,
L.L.C.
77 West Washington Street
Chicago, IL 60602
312-346-1389
Attorneys for Respondent
THE
-6-
