STATE
OF iLLINOIS
COUNTY OF COOK
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ss.
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STATE OF ILLINOIS
POLLUTION CONTROL BOARD
100 W. RANDOLPH STREET,
SUITE 11-500
CHICAGO, ILLINOIS 60601
BTL/12/2/03
Attorney No. 90068
CLERK’S OFrrc~
DEC
22003
STATE OF ILUNOIS
Pollution
Control Board
MORRY GABEL, MYRA GABEL,
DON FOREMAN, MARSHA FOREMAN,
KEITH PINSONEAULT and TRACY PINSONEAULT.
THE WEALSHIRE, INC., an
ILLINOIS CORPORATION.
Complainant,
vs.
Respondent.
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No. PCB 03-38
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NOTICE OF SUBPOENA DUCES TECUM
TO:
Mitchell S. Feinberg
Chuhak & Tescon, P.C.
30 South Wacker Drive
Suite 2600
Chicago, IL 60606
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 WestRandolph Street
Chicago, IL 60601
PLEASE
TAKE
NOTICE
that
on December
16,
2003,
at the hour of 10:00
A.M.,
we
shall
cause the Records
Deposition of Greg Zak d/b/a Noise
Solutions by
Greg Zak, pursuant to
Subpoena Duces Tecum
attached hereto, at the offices ofAsh, Anos,
Freedman &
Logan, L.L.C.,
77 West Washington Street, Suite 1211, Chicago, Illinois.
Bruce T. Logan
Ash, Anos, Freedman &
Logan
77 West Washington Street
Chicago, IL 60602
(312) 346-1390
Attorneys for Respondent
THE
L.L.C.
~.
D
CLERK~SOFFICE
DEC
~ 2003
Before the Illinois Pollution Control Board
STATE OF ILLINOIS
Pollution
Control Board
MORRY GABEL, et al,
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Complainant/Petitioner,
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PCB 03-38
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v.
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THE WEALSBIRE, INC.,
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Respondent.
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SUBPOENA DUCES TECUM
TO:
Greg Zak
aliciaNoise Solutions by Greg Zak
36 Birch Drive
Chatham, IL 62629
Pursuant to Section 5(e) ofthe Environmental Protection Act
(415
ILCS
5/5(e)
(2002)) and 35
Ill. Adm. Code
101, Subpart F, you are ordered to produce documents in
the above-captioned matter at 10:00 A.M.
on December 16, 2003, at the offices ofAsh,
Anos, Freedman & Logan, L.L.C., 77 West Washington Street, Suite 1211, Chicago,
Illinois
60602.
You are ordered to produce documentsrelevant to the matter under consideration
and designated herein as per the attached Addendum.
2
Failure to comply with this subpoena will subject you to
sanctions under 35 Iii.
Adm.
Code 101.622(g) and 101802.
ENTER:
~L
Dorothy M. Gunn, Clerk
Pollution Control Board
Date: February
13, 2003
I served this Subpoena Duces Tecum by delivering a copy by certifiedmail, return
receipt requested, to Greg Zak, c/o Noise Solutions by Greg Zak, 36 Birch Drive,
Chatham, IL 62629
on thq2~
day ofDecember, 2003.
I paid the witness $30.00 for witness and mileage fees.
Subscribed and sworn to before me this
,~
fl
day of December, 2003.
Notary Public
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C?r?.-.
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ADDENDUM
TO
SUBPOENA DUCES TECIJM
IJefinitions:
1.
Documents
-
As used herein, the term “Documents” means and includes (without
Ii~nitationand 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 databanks 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 Greg Zak or Greg Zak’s
attorneys, agents, representatives, employees,
andlor anyone
acting
th his 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
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As
used herein “The Wealshire”
shall refer
to
the Alzheimer’s
care facility located at 150 Jamestown Lane, Lincoinshire, L
60069.
3.
Cooling
Equipment
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As used herein “Cooling Equipment” shall referto the Trane
Liquid Chillers and other cooling equipment located at The Wealshire.
4.
Complainants
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As used herein, “Complainants” shall refer to
Morry Gabel, Myra
Gabel, Don Foreman, MarshaForeman, Keith Pinsoneault and Tracy Pinsoneault.
Production:
1.
The personal resume/curriculum vitae of Greg Zak
and any
other persons acting in
his behalfin connectionwith the testing done at The Wealshire.
2.
All
reports, white papers,
studies,
testing
entries, and
other documents
concerning
noise emissions from The Wealshire prepared by Greg Zak d/b/a Noise Solutions by Greg Zak or
anyone acting in its behalf
3.
All correspondence by
and between Greg Zak dlb/a Noise Solutions by
Greg Zak
aridthe
Complaintants or anyone acting in behalfofthe Complainants.
4.
All
invoices,
purchase
orders,
and
bills
submitted
by
Greg
Zak
dlb/a
Noise
Sc~lutions
by Greg Zak fortesting done in connection with the Complainants’ Complaint.
5.
All cost
estimates and
bids
of proposals for the
modification to
The Wealshire’s
CDoling Equipment.
6.
All manufacturers’
information concerning the
Cooling Equipment located at The
Wealshire.
7.
All sound recordings ofthe noise allegedly emanating from The Wealshire.
8.
All
notes,
logs,
and
diaries noting
the
times
and
dates
of the complaints of noise
allegedly emanating from The Wealshire.
9.
All
photographs
taken
in
connection
with
any
testing
or
investigation
done
concerning the alleged noise emanating from The Wealshire.
10.
All reports, white papers, studies,
testing,
entries, and other documents concerning
other
noise
investigations
performed
by
Greg
Zak
or
Noise
Solutions
by
Greg
Zak
on
any
equipment manufactured by Trane, a Division ofAmerican Standard Companies.
AFFIDAVIT
OF SERVICE
The undersigned, being first duly sworn on oath, deposes and says that she served the above
and foregoing Notice OfSubpoena Duces Tecum by mailing a copy to:
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, IL 60601
FAX 312-814-3669
Mitchell S. Feinberg
Chuhak & Tecson, P.C.
30 South Wacker Drive
Suite 2600
Chicago, IL 60606
FAX 312-444-9027
and depositing same in the U.S. Mail Chute at 77 West Washington Street, Chicago, Illinois 60602,
at 5:00 P.M. on December 2, 2003, with proper postage prepaid.
~7~L
Subscribed and sworn to beforeme
,..,~ ~
~::i:~c;~.~
~\~~ED~Th
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U~s
ofDecember, 2003
NOTARY PUBLIC