RECEIVED
CLERK’S OFFICE
BEFORE
THE ILLINOIS
POLLUTION
CONTROL BO~&~2
2003
STATE OF ILLINOIS
BARBARA STUART
)
Pollution Control Board
RONALD
STUART
)
Complainants
)
v.
)
PCB 02-164
FRANKLINFISHER
)
PHYLLIS FISHER
)
Respondents
)
August 11,2003
AMENDED REPORT:
COMPLAINANTS RESPONSE TO RESPONDENTS
MOTION TO COMPEL COMPLIANCE WiTh
DISCOVERY
Complainants Barbara Stuart and Ronald Stuart are hereby complying to respondents
requestto compliancewith discovery, pursuant to
35
Iii. Adm.
Cod 101.610 and in
support thereof, states as follows:
RESPONDENTS INTERROGATORY REQUEST FOR PRODUCTION
Please note:
It was
an oversight on the part ofComplainant, Barbara Stuart who
did not
havethe previous sent responses, sworn under oath or notarized.
Not being an attorney
andtrying the best to follow all regulations, I simply failed to complete that requirement
ofthe IPCB.
However, I will be willing to
sign an
affidavit that all previous filed
responses to Mr. Harding were the truth, and were mailed on the dates as stated on the
certificates ofservice.
I apologize to the board for my lack ofthoroughness.
1.
On October 10,
2002, Complainants responded to Respondent’s Interrogatory 23,
providing the name, address and telephone number ofGregory Zak, as an
expert/opinion witness, but failed to provide, as requested, the expert’s report,
stating that is was still being prepared.
Response:
Production ofInformation Section 101.614.c.
All discovery must be
completed at least
10
days prior to the scheduled hearing in the proceeding unless the
hearing officer orders otherwise,
AJEIer to
speaking to Mr. Zak about typing up his
report for the board, he wishes to inform Mr. Halloran and Mr. Harding that there is
no report as ofyet.
Mr. Zak knows that no hearing date is set, although the one in
January 2003 was
cancelled.
He is very much involved in this case.
Because I am in
a financial situation Mr. Zak wanted to hold off making the report, hoping that the
respondent Mr. Fisher would agree to offer a type of settlement and a hearing would
not be necessary.
The report is costly and Mr. Zak wanted to save methe expense.
However, he will comply with Mr. Halloran’s request ifhe decides to set a deadline.
Mr. Halloran ifyou need to speak with Mr. Zak please feel free to contact him. 217-
483-3507.
He is quite busy now due to other pending noise pollution cases in courts
in Illinois.
I am sure he will be able to settle on a final date ofa report.
1
1.
Contacting the
expert
directly in early April
of2003, Respondent’s attorney was
told that no report had been prepared, but that Mr. Zak had been retained.
Response: Mr. Zak stated to me, Barbara Stuart, that Mr. Harding never once asked him
about a report.
2.
On April
25,
2003
Complainants broadcast to Dorothy Gunn, Bradley Halloran,
Bobby Petrungarro and Greg Zak a libelous letter misrepresenting the content of
that conversation and alleging
unethical conduct
against Respondent’s counsel,
including violation ofan inapplicable rule which some ofthe recipients may not
have know was applicable.
Response:
This letter sent to the above was not libelous.
Mr. Harding’s conduct was
unethical, and the rule mentioned is applicable.
Mr. Zak was
contacted about the above
matter and he has offered to sign an
affidavit regarding the conversation between he and
Mr. Harding on that day in April.
Mr. Zak is aman ofhigh standards, and takes his job
seriously and always obeys the rules.
3.
Given Respondent’s inability to obtain Mr. Zak’s report without running the risk
offurther such conduct by Complainants and the damage to an otherwise
exemplary reputationfor ethical conduct which would naturally result from
further informal, although legitimate,
attempts to obtain the report,
an order
compelling production ofthe report seemsthe only appropriate alternative.
Response:
We cannot produce a report which Mr. Zak has not yet written.
Although he
has readings ofthe quietness ofour areawithout the propane cannons being used.
Again
it is solely up to our hearing officer Mr. Halloran to make this decisiOn on a deadline for
Mr.
Zaks report,
It is the right ofthe Illinois pollution control board and our hearing
officer to delegate what type ofaction should be sought.
Again Mr. Zak has been holding
off typing his report in hope
a settlement would be reached by the respondents,
saving us
money, ifthis case was not to go to a hearing.
To summarize the documents which were sent along with the “Interrogatories and
Request for Production to Complainants”,
the following is a list given to Mr. Harding.
Exhibit A:
Sgt. Nudera,
Evidence tech Will County SheriffOffice no,
2001-013853
Exhibit B:
Officer Spiegel, Will County Sheriff Dept. Incident report 7-26-02
This was the day Mr. Fisher made threatening remarks to me and a neighbor.
Exhibit C:
Petition ofneighbors wanting respondent to stop using cannon.
Exhibit
D:
Amended:
The
VHS
Tape from the Will County Sheriff!
and
Will
County dept.Land Use, is no longer available as an exhibit. The tape was
accidentally erased by
my children while they were trying to record something.
Exhibit
E
: Letters
writtenby
Dr.
Battista, on
behalfofmy
son Michael Are actually two
letters.
One from Dec. 2002
requesting
Mr. Fisher to stop Using the cannons requested
by Dr. Battista to the
Will
County States Attorney office in Joliet, Illinois.
Michael’s
hearing ability decreased
over the summer of
2
Exhibit
E:
(cont)
2002 when the cannonswere operating. His
hearing loss is
Sensorneural.
Letter
was sent to
the Will County States attorneys office.
Exhibit F:
Letter from Veterinarian stating sedation has been prescribed for two
healthy
Golden
retrievers
who are terrified ofthe gunshot like sound from cannons.
Exhibit
G:
Copy ofC.T. head report to rule out patholology from Dr. Battista.
Also
Were 2
Audiograms
from Ingalls
Calumet City Audiology department.
And
there are 3 audiograms and consultation reports regarding Michael’s hearing
loss from Dr. Battista to Dr. Lofchy.
Dating up to
9-27-02.
Exhibit H:
A
letter from Dr. Marquis who treats my sons for
problems.
He was also
treating me for anxiety and problems related to the cannon noise.
Exhibit I:
Letter
from Dr. Trudeau (veterinarian) who treated dog Samantha who died
Due to compressed discs
in the back.
She died the very same day that Mr.
Fisher
started
the cannons.
The purpose ofthis letteris to show how petrified
My dogs are ofthe propane cans. It is not being used to compensation reasons
Because nothing can ever replace her.
Exhibit J:
Another letter from Dr. Battista to the States Attorney Office requesting
Stopping ofthe cannonsfor Michael.
Michael was complaining ofringing
In the ears in October.
At the visit with Dr. Battista in December of2001.
Michael has not been able to go outdoors during the summer when the
Cannons are running.
It is painful for him as well as damaging to his hearing.
htxhibit K:
Unfortunately I was not able to correlate my cam corder recording ofthe
Decibel levels ofthe cannons and transfer them on a tape for this exhibit.
AMENDED:
Exhibit K
may have to be eliminated.
As far as Greg
Zak and his
report
regarding the “normal background sounds,
without a
propane cannon”, Mr. Halloran please notify him and
establish a cut off
time for obtaining a
report. I really don’t
know his schedule.
Thank you for your
help in this situation.
This should complete all my obligations to establish proof and documents for discovery.
However, I will be
submitting
data whichI have obtained from reliable sources including
Universities ofAgriculture, IDNS,
theDept. of
Agriculture, Orinthologists, and the
Institute
for hearing disorders.
Along with studies and documented findings related to
hearing problems.
I will be requesting to use this information to present facts related to
propane cannons.
Ifthe copies are too numerous I will include information on where I
have found the documents.
Copies will be sent to Mr. Harding, Mr.
Halloran,
the
IPCB,
as well as the States Attorney’s office.
I will have this information out to everyone
before our
next
tele conference on August
20th,
3
ALL
DOCUMENTS
HAVE BEEN PREPARED ON RECYCLED PAPER
CLER~’5
OFFICE
BEFORE
THE
ILLINOIS POLLUTION CONTROL
I4UG
12
2003
Complainants
V.
Respondents
)
)
)
)
)
)
)
)
)
STATE
OF ILLINOIS
Pollution
Control Board
No.
PCB-02-164
Citizen Enforcement/noise
NOTICE
OF
FILING
OF DOCUMENTS WITH
TILE
HEARING
OFFICER
PLEASE
TAKE
NOTICE that we the complainants filed with the Office ofthe Clerk of
the Pollution Control Board, Dorothy Gunn, and hearing officer Bradley Halloran, David
Harding, attorney for respondents. A corrected letter to Mr. Halloran originally dated July
29, 2003.
Also filed was
an AMMENDED REPORT,
concerning the July 29, 2003
production of“The complainants responseto respondents motion to
with discovery”.
We apologize for any inconvenience.
arbara
Stuart
date
Ronald
and
Barbara
Stuart
213 E.
Corning
Rd.
Beecher, Illinois
60401
708-946-9546
CERTIFICATE OF SERVICE
We, Barbara Stuart and Ronald Stuart, certify that on August
11,
2003 we served the attached
documents under the above Caption to DorothyGunn, Bradley Hafloran
and David Harding at
their addresses listed below.
These documents
were
sent via U. S.ixi~ail
with proper
1~
arbara Stuart
date
Copies to:
David Harding
Lopez and Harding
100 N. La Salle St.
Suite 1107
Chicago, Illinois
60602
Bradley P. Halloran
Suite
11-500
100 W.
Randolph St.
Chicago, illinois 60601
Dorothy
Gunn
Clerk ofthe IPCB
100 W. Randolph St.
Chicago, Ii.
60601
BARBARA STUART and
RONALD STUART
FRANKLIN FISHER and
PHYLLIS FISHER
/~
S1’~i.4er
THIS FILING WAS SUBMITTED ON RECYCLED PAPER