1. OFFICE OF THE ATTORNEY GENERAL
      2. Lisa Madigan
      3. EXHIBIT~
      4. OFFICE OF THE ATTORNEY GENERAL
      5. Lisa Madigan
      6. EXHIBIT
V.
)
)
No. PCB 96
—
98
BEFORE
CONTROL BOARD
CL~RM•’SOFFICE
PEOPLE OF THE STATE
STATE
JUL
OF
9
ILLINOIS
2003
Complainant,
Pollution Control Board
SKOKIE VALLEY
ASPHALT,
CO., INC.,
an Illinois corporation,
EDWIN L. FREDERICK, JR.,
individually and as owner and
President of Skokie Valley Asphalt
Co., Inc., and
RICHARD J. FREDERICK,
individually and as owner and
Vice President of
Skokie Valley Asphalt Co., Inc.,
Respondents.
NOTICE OF FILING
TO:
See Attached Service List
PLEASE TAKE NOTICE that on July 9, 2003, we filed with the
Illinois Pollution Control Board “COMPLAINANT’S FIRST MOTION TO
COMPEL RESPONDENTS, SKOKIE VALLEY ASPHALT, CO., INC.,EDWIN L.
FREDERICK, JR. AND RICHARD J. FREDERICK, TO RESPOND TO DISCOVERY
REQUESTS”, a true and correct copy of which is attached and
hereby served upon you.
Respectfully submitted,
JAMES E. RYAN
Attorney General
State of Illinois
BY:
741~~ ~.
MITCHELL L. COHEN
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Floor
Chicago, Illinois
60601
(312). 814-5282
5
0 /
SERVICE LIST
Mr. David O’Neill
Attorney at Law
5487 North Milwaukee
Chicago, Illinois 60630
Ms. Carol Sudman
Hearing Officer
Illinois Pollution Control Board
600 5. Second Street, Suite 402
Springfield, Illinois 62704
6
RECEJVED
CONTROL BOA~I~
n~tt~’
PEOPLE OF
JUL
92003
Complainant,
.
.
)
STATEOFILLINOIS
Pollution
Control
Board
v.
)
No. PCB 96-98
SKOKIE VALLEY ASPHALT, CO., INC.,
an Illinois corporation,
EDWIN L. FREDERICK, JR.,
individually and as owner and
President of Skokie Valley Asphalt
Co., Inc., and
RICHARD J. FREDERICK,
individually and as owner and
Vice President of
Skokie Valley Asphalt Co., Inc.,
Respondents.
COMPLAINANT’S FIRST MOTION TO COMPEL
RESPONDENTS, SKOKIE VALLEY ASPHALT, CO., INC.,
EDWIN L. FREDERICK, JR. AND RICHARD J. FREDERICK,
TO RESPOND TO DISCOVERY REQUESTS
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, pursuant to
Sections 101.100(b), 101.616, 101.618, 101.620, and 101.800 of
the Board’s Procedural Rules, 35 Ill. Adm. Code 101.100(b),
101.616, 101.618, and 101.620, Supreme Court Rules 201, 213, 214,
216, and 219, and Hearing Officer Orders dated March 28, 2003 and
June 30, 2003, states in support of Complainant’s First Motion To
Compel Respondents, Skokie Valley Asphalt, Co., Inc., Edwin L.
Frederick, Jr. And Richard J. Frederick, To Respond To Discovery
Requests as follows:
1
INTRODUCTION
1. In accordance with the Hearing Officer Order dated March
28, 2003, Complainants mailed to Respondents’ Counsel on May 7,
2003, Interrogatories, Requests to Produce Documents, and
Requests for Admissions for all three Respondents. See copy of
letter attached as Exhibit A.’
2. The March ~ Order required all written discovery to be
completed by June 20, 2003.
3. Respondents’ answers and responses to the discovery
mailed on May ~ was due no later than June 9, 2003.
4. On June
~
Respondents’ filed a Motion for Extension of
Time which asked in essence that they have until July 3, 2003, to
answer and respond to Complainant’s discovery requests.
5. Complainant agreed to extend the time to answer and
respond to discovery until July 3rd.
6. Hearing Officer Sudman issued a new discovery schedule
with July 3~as the date all written discovery was to be
completed.2
1 Part of the letter was a Sup. Ct. Rule 201(k) letter in
relation to earlier discovery that was either incomplete or not
supplemented.
2 Also in accordance with the Hearing Officer Orders,
depositions are to be completed by August 20, 2003. Complainants
already noticed four depositions beginning July 22, 2003.
2
RESPONDENTS’ FAIL TO RESPOND TO DISCOVERY REQUESTS
7. Respondents’ Counsel, David O’Neill, did not contact
Complainant’s Counsel on or before July 3 regarding the
discovery responses.
8. Respondents failed to serve any answers or responses to
Complainant’s discovery requests on July 3’~, or any time since.
9. In accordance with Sup. Ct. Rule 201(k), Complainant’s
Counsel tried to resolve discovery differences and sent
Respondent’s Counsel a 20l(k)letter, a copy of which is attached
as Exhibit B.
10. Respondents’ Counsel has not provided any discovery
answers or responses, responded to the 201(k) letter, or called
to discuss the situation.
WHEREFORE, Complainant requests, pursuant to the Board’s
Procedural Rules and the Supreme Court Rules, the following:
1. A finding that Respondents violated the Board’s
Procedural Rules and the Supreme Court Rules;
2. An Order compelling Respondents to answer and respond to
discovery no later than July 14, 2003;
3. An Order requiring Respondents to pay all attorney fees
and costs associated with this First Motion to Compel; and
3
4. Such other sanctions that the Board believes to be
PEOPLE OF THE STATE OF ILLINOIS,
ex rel.
LISA MADIGAN,
Attorney General of the
State of Illinois,
By:
MITCHELL L.
JOEL J. STERNSTEIN
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.
-
20th
Fl.
Chicago, IL 60601
(312) 814-5282/ (312) 814-6986
appropriate
4
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
Lisa Madigan
ATTORNEY GENERAL
May 7, 2003
David S. O’Neill
Attorney at Law
5487
N. Milwaukee Ave.
Chicago, IL 60630-1249
RE:
People v. Skokie Valley Asphalt, Inc., PCB #96-98
Discovery and Sup. Ct. R. 201(k)
Dear David:
Enclosed please find Interrogatories, Requests to Produce Documents, and Requests for
Admissions for all
three
Respondents.
As we were preparing these
pursuant to the Hearing Officer’s Order, we noticed that at
least some of Skokie Valley Asphalt, Inc. tax returns were not included in the Response to the
First Document Request. We did not receive the most recent ones: 1997, 1998 and ifthere is
another after dissolution, we request that as well.
Please supplement that specific response and
any others you
are aware of
in accordance with Sup.
Ct. Rules 213(i) and 214 and
Pollution
Control Board Reg.
101.616(h). Thank you.
This is a Sup.
Ct. R. 201(k) letter.
Sincerely,
Mitchell L. Cohen
Assistant Attorney General
Environmental Bureau
188 West Randolph, Suite 2001
Chicago, Illinois
60610
(312) 814-5282
cc.
Chuck Gunnerson,
Illinois EPA
I:\MLC\SkokieValley\0507031tr.wpd
500 South Second Street, Springfield, Illinois 62706
•
(217) 782-1090
•
TTY: (217) 785-2771
•
Fax: (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601
•
(312) 814-3000
•
TTY: (312) 814-3374
•
Fax: (312) 814-3806
1001 East Main, Carbondale, Illinois 62901
•
(618) 529-6400
•
‘VTY: (618) 529-6403
•
Fax: (618) 529-6416
EXHIBIT~
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
Lisa Madigan
ATTORNEY GENERAL
July
7, 2003
Mr. David O’Neill, Esq.
viafacsimile and US mail
5487
North Milwaukee
Chicago, IL 60630
Re: People v. Skokie Valley Asphalt,
Fax:(773) 792-8358
Edwin L. Frederick, Jr., and
Richard J. Frederick
Dear Mr. O’Neill,
This letter is written pursuant to Supreme
Court Rule 20 1(k). Please call me no later than noon
on July 9, 2003 to let me know when we can expect answers, responses, and documents for the
following:
•
Complainant’s Second Set of Interrogatories on Respondent Skokie Valley Asphalt Co., Inc.
•
Complainant’s First Set of Interrogatories on RespondentEdwin L. Frederick, Jr.
•
Complainant’s First Set of Interrogatories on RespondentRichard J. Frederick
•
Complainant’s Second Request for Production of Documents, Objects, and Tangible Things on
Respondent Skokie Valley Asphalt Co, Inc.
•
Complainant’s First Request for Production of Documents, Objects, and Tangible Things on
Respondent Edwin L. Frederick, Jr.
•
Complainant’s First Request for Production of Documents, Objects, andTangible Things on
Respondent RichardJ. Frederick
•
Complainant’s First Request for Admission of Facts to Respondent Skokie Valley Asphalt, Co.,
Inc.
•
Complainant’s First Request for Admission of Facts to Respondent Edwin L. Frederick, Jr.
•
Complainant’s First Request for Admission of Facts to Respondent Richard J. Frederick
As you know, Board Hearing Officer Sudman
set June 20, 2003 as the original deadline for
completion of written discovery but, without objection, extended that deadline to July 3, 2003. To date
we have not received any
discovery responses, and there have been no additional extensions. Please call
me if you have any questions.
Sincerely,
Mitchell L. Cohen
Assistant Attorney General
Environmental Bureau
188 West Randolph,
20th
Floor
Chicago, IL 60601
3 12-8 14-5282
cc.
Ms. Carol Sudman
-
Illinois Pollution Control Board
500 South Second Street, Springfield, Illinois 62706
•
(217) 782-1090
•
VFY: (217) 785-2771
•
Fax: (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601
•
(312) 814-3000
•
TTY: (312) 814-3374
•
Fax: (312) 814-3806
1001 East Main, Carbondalc, Illinois 62901
•
(618) 529-6400
•
TTY: (618) 529-6403
•
Fax: (618) 529-6416
EXHIBIT
CERTIFICATE OF SERVICE
I, MITCHELL COHEN, an Assistant Attorney General, certify
that on the 9th day of July, 2003, I caused to be served by First
Class Mail the foregoing, “COMPLAINANT’S
FIRST MOTION TO COMPEL
RESPONDENTS,
SKOKIE VALLEY ASPHALT, CO., INC.,EDWIN
L.
FREDERICK,
JR. AND RICHARD J. FREDERICK, TO RESPOND TO DISCOVERY REQUESTS”
to the parties named on the attached service list, by telefaxing
and by depositing same in postage prepaid envelopes with the
United States Postal Service located at 100 West Randolph Street,
Chicago, Illinois 60601.
MITCHELL L. COH N
Assistant Attorney General
I \MLC\SkokieValloy\lstMoToCompel .w~d
7

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