RECEIVED

CLERK’S OFFICE

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

SEP

092004

STATE OF ILLINOIS

THE VILLAGE

OF LOMBARD,

)

Pollution Control Board

ILLINOIS, an

Illinois

municipality corporation,

)

Complainant,

)

PCB No.

04-213

)

(LUSTS

-

Cost Recovery)

v.

BILL’S AUTO

CENTER,

)

BILL’S

STANDARD

SERVICE

)

and WILLIAM KOVAR,

)

Respondents.

NOTICE

OF FILING TO RESPONDENTS

To:

Michael J. Maher

Elizabeth

S. Harvey

Swanson,

Martin & Bell

One IBM Plaza,

Suite 3300

Chicago,

Illinois

60611

PLEASE TAKE

NOTICE that on September

9,

2004,

I

caused

to

be filed

with the

Clerk of the

Jllinois

Pollution

Control Board the COMPLAINANT’S

FIRST

SET OF

INTERROGATORIES TO

RESPONDENTS

and

the

COMPLAINANT’S

FIRST

SET

OF

REQUESTS

FOR

DOCUMENT

PRODUCTION

TO

RESPONDENTS,

true

and

accurate

copies

of which

are

served

on

you

along

with

this notice.

o

Comp ainan ‘s Attorneys

Dennis G. Walsh

Lance

C.

Malina

Jacob Karaca

KLEIN, THORPE AND JENKINS,

LTD.

20 North Wacker

Drive, Suite

1660

Chicago,

Illinois

60606

(312) 984-6400

Atty.

No. 90446

iManage 141123

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I

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PROOF OF SERVICE

I, Jacob

Karaca,

an

attorney,

certify that

I

served

this

Notice of Filing

and

attachments,

by

mailing

to

persons

on

the

Service

List

above,

placed

in

envelopes,

with

proper

postage

pre-paid,

addressed

to

said

persons,

and

depositing

the same

in

the

U.S.

Mail-chute at 20

North

Wacker

Drive,

Chicago,

Illinois 60606-2903, at or before 5:00

p.m.

on S~ptember~,~004.

a

ob Karaca

iManage 14H23

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---

RE CE ~V ED

CLERK’S OFFICE

BEFORE THE

ILLINOIS POLLUTION

CONTROL BOARD

SEP

092004

THE VILLAGE OF

LOMBARD

)

STATE OF

ILLINOIS

ILLINOIS,

an

Illinois

)

Pollution Gonirol Board

municipality corporation,

)

Complainant,

)

PCB No. 04-213

)

(LUSTS

-

Cost Recovery)

v.

)

BILL’S AUTO

CENTER,

BILL’S

STANDARD

SERVICE

)

and WILLIAM

KOVAR,

)

Respondents.

COMPLAINANT’S FIRST SET OF INTERROGATORIES TO RESPONDENTS

NOW COMES

the

Claimant, the

VILLAGE

OF

LOMBARD,

by and through

its

attorneys KLEIN THORPE

and JENKINS,

Ltd.,

and pursuant to the

provisions of the

Illinois

Pollution

Control

Board

General

Provisions,

Section

101.616,

hereby

propounds

the

following

interrogatories

to

be

answered

by

the

Respondents,

in

writing

and under oath

on

or before October 11,

2004:

DEFINITIONS

1.

“Village”

shall

refer

to

and

include

Complainant

Village

of Lombard,

Illinois,

or

anyone

acting

at the

direction

and/or

on

behalf of

Defendant

Village

of

Lombard,

Illinois.

2.

“Respondents”

shall refer

to the

Respondents Bill’s Auto

Center,

Bill’s

Standard

Service,

and

William

Kovar,

either

jointly

or

severally,

unless

noted

otherwise.

3.

“The

Property” shall refer to the

real property commonly known

as 330

South

Main

Street,

Lombard,

Illinois,

owned,

operated,

used,

rented,

controlled, or

leased

by any Respondent.

4.

“Tank”

or “Tanks”

shall

refer to the gasoline storage tank or tanks that

existed

on

the

Property

at

any

point

in

time

and

that

relate

or

may

relate

to

any

injuries or damages alleged in

the

Complaint,.

iManage

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5.

“Document”

is

used

in

the

broadest possible sense and includes every

original (and

any copy of any original and any copy which differs

in

any way from

any

original)

of

every

writing

or

recording

of

every

kind

or

description,

whether

handwritten,

typed,

drawn,

sketched,

printed

or

recorded

by

any

physical,

mechanical,

electronic or electrical

means

whatsoever,

including,

without

limitation,

books,

computer

hard

drive

and/or

disks,

e-mail

transmissions,

records,

papers,

pamphlets,

brochures,

specifications,

correspondence,

communications,

memoranda,

notes,

notebooks,

worksheets,

reports,

lists,

analysis,

appointment of

books,

diaries,

telephone

bills,

contracts,

agreements,

instruments,

assignment,

written

memorials of oral communications and tapes and

recordings.

6.

“Communications” includes

all

discussions,

conversations,

interviews,

meetings,

negotiations,

cablegrams,

mailgrams,

telegrams,

telexes,

e-mail

transmissions,

cables,

or

other

forms

or

written

or

verbal

exchange,

however

transmitted,

including

reports,

notes,

memoranda,

lists,

agenda,

and

other

documents

and

records

of

communications,

and

when

used

shall

require

a

statement of the

name of the

individual who made

the communication,

the

person(s)

to whom it was made,

and the form

in which

it was

made.

7.

As

used

herein, “all” refers to any and all, and the

term

“any” likewise

refers to any and all.

INTERROGATORIES

1.

For

each

person

answering

these

interrogatories,

identify

yourself,

giving

your

full

name,

residence,

business

address

and

occupation,

and

the

office

you hold with any Respondent.

2.

State

the

full

names,

last

known

address,

telephone

number

and job

title

of any and

all

persons

known

to

any

Respondent

who

either

have or claim

to

have

knowledge

of any facts

or circumstances

relating

to the

storage,

sale, and/or

cleanup of gasoline and/or soil

on

the Property.

3.

List

all

permits

and

licenses,

by

any

governmental

body or

agency,

obtained

by any

Respondent

related

to

any work done

or planned

on

the

Property

relating to the Tanks.

4.

With

regard to

any work done

to the

Tanks

on

the

Property,

disclose

any agents,

contractors,

subcontractors,

or

any individual or entity

performing

work

at the

direction

of

any Respondent

related

to

the

Tanks

on

the

Property,

and

state

the

name

and address of each

such

individual and/or entity.

5.

State

the

date,

time,

and

location

of

all

meetings,

conversations,

or

any

type

of

correspondence

in

which

any

Respondent

or

their

agents

had

discussions

with

officials

or representatives of the

Village,

or any other individual or

entity,

regarding the

Tanks

or soil conditions

on

the

Property or any other condition

on

the

Property, and with

respect to each conversation

or meeting:

iManage

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(a)

Describe

the

type

of

each

meeting

or

conversation

(i.e.,

in

person, telephone; conversation,

etc.);

(b)

Identify

all

persons

who

participated

and

the

nature

and

substance of each

such

person’s participation; and

(c)

Describe

the

substance

of

each

such

meeting

and

conversation.

6.

Identify

all

records

relating

to

the

Tanks

or

soil

conditions

on

the

Property,

including

but

not

limited

to

contracts, subcontracts,

orders, change orders,

delivery

orders,

scheduling

documentation,

designs,

blueprints,

drawings,

reports,

surveys,

proposals,

plans,

bulletins,

time

sheets,

correspondence,

field

books,

diaries,

as-builts,

progress

reports,

etc.,

and for

each,

identify

its

current

custodian

and

location.

7.

Were

any

photographs,

movies

and/or

videotapes

taken

of

the

Property

relating to

any problems

or work

done

on

the

Tanks

or the

Property’s

soil

conditions?

If so,

state the date

or dates on which

such photographs, movies

and/or

videotapes

were

taken,

the

subject

thereof,

who

now

has custody of them,

and

the

name,

address, occupation and employer of the

person taking them.

8.

Did

any

Respondent,

or

any

agent

or employee

of any

Respondent,

assemble,

sell,

distribute,

advertise, install, service, repair, maintain, test, remove, or

in

any way

handle

any Tank located

on or beneath

the

Property, as

defined above?

If yes, describe

each

such

action

performed

on

any such Tank by any Respondent,

providing:

(a)

The date of the

action;

(b)

The individual(s) who performed

it;

(C)

Whether said test generated any reports or forms;

(d)

The

identity

of

any

reports

or

forms

generated

in

connection

with said action;

(e)

The content of any conclusions reached by the

test, inspection,

or investigation;

and

(f)

A description

of

any conversations

or communications

relating

to any such testing,

inspecting

or investigating.

9.

State

the

exact

date

of manufacture

of

any Tank

on

or beneath

the

Property

at

any

time,

and

give

the

address

of

the

plant(s)

or

factory(ies),

which

produced

said Tanks.

10.

Give

a

complete

description of any Tank on

or beneath the

Property,

including:

the

overall

physical dimensions,

the storage

capacity;

the thickness of the

sides,

base,

and

top;

the

materials

used,

by common

name,

chemical

composition,

or

any

other

commonly

used

industry

designations

(gauge,

type,

etc.);

and

the

manner in which

the

seams were fashioned

and secured.

11.

State

the

exact date of installation,

repair, and/or removal of any Tank

on or beneath the

Property, including

any work

done to clean,

replace, or remediate

any soil on

the

Property.

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12.

Describe

the

relationship of each

Respondent to the

Property.

And

in

relation

thereto,

state

the

exact

date(s)

on

which

each

Respondent

gained

any

interest

in

the

Property,

and

describe

in

detail

the

transaction

transferring

said

interest,

including

the

date(s),

the

consideration

provided

for

the

transfer,

the

amount(s)

of any money

exchanged,

and

any information

relating

to the

party from

which

such interest was transferred.

13.

Relating

to

any

transfer

of

Property

referenced

in

the

above

Interrogatory,

state

whether any

warranties,

indemnifications,

bonds,

insurance,

or

other

instruments

of

liability

were

exchanged,

offered,

accepted,

or

agreed

upon,

written

or otherwise.

Specifically

identify

any

such

indemnification

agreements

or

warranties

relating

to

the

environmental

condition

of

the

Property,

and

state

the

substance

of

each

such

warranty

or

agreement,

the

conditions

under

which

it

applies, the

terms which

serve to void

it,

and the

length of time it was

or has

been in

effect.

Identify

any

documents

that

exist

relating

to

any

such

warranties

or

agreement(s).

14.

Identify

any

creditor(s)

on

any

loan(s),

lien(s),

mortgage(s),

or

any

other

burden(s)

on

the

Property,

and

state

the

date,

purpose,

and

description

of

each

such

burden.

State

the

substance of each

such

burden,

the

conditions

under

which

the

burden

was

imposed,

the

terms

which

serve

to void

it,

and

the

length

of

time

it

was

or

has

been

in

effect.

Identify

any

documents

relating

to

any

such

loan(s).

15.

Identify

any

insurance

policies

relating

to

the

Property,

and/or

the

practice

of

any

business

on

the

Property

by

any

Respondent,

providing

the

date,

policy

number,

and

insurance

provider of each

such

policy.

State the

substance of

each

such

policy,

the

conditions

under

which

it

applies,

the

terms,

which

serve to

void

it,

and the

length of time it was or has been

in effect.

16.

Identify

any

inspections

of

the

Property

performed

pursuant

to

any

Respondent’s

acquisition

of interest

in

the

Property

as

stated

above,

providing the

date,

the

name

of the

inspector,

and

whether

any

report

was

generated

resulting

from the

inspection.

17.

Relating

to the

spring

1999,

removal of

five

Tanks

from

the

Property

instigated

by

the

March

31,

1999

confirmation

of

a

“petroleum

release”

on

the

Property,

identify

all

parties

involved

with

said

removal

in

any

capacity,

including

names,

addresses,

responsibilities,

and

actions

performed.

If any of these actions

are described or referenced

in

any document(s), please

identify said document(s).

18.

Identify with

specificity

the

chemical

description and

characteristics of

any

“oily

waste water”

and/or

“sludge” ever

cleaned,

cleared,

and/or removed

from

the

Property

resulting

from

the

March

31,

1999 Tank

removal,

or at any other time.

If there

have

ever

been

any

tests

performed

on

said

substances,

please

identify

them

by

stating

the

date

of

the

test,

the

individual,

organization,

or

agency

performing

the test, and the

results of the test.

iManage 140919

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19.

Describe

with

specificity

any

“corrective

action”

ever

directed

to

the

Respondents from

the

Illinois

Environmental

Protection Agency (“IEPA”).

Regarding

each such

IEPA direction, please

identify with

specificity each

Respondent’s

actions

taken

toward

fulfilling

the

IEPA’s

directions,

including

the

date

initiated,

the

cost

to

Respondent(s),

the

completion

date,

and

the

information

for

any

agent

hired

or

retained

by

the

Respondents

for

the

purpose

of

the

satisfaction

of

the

IEPA’s

directions.

Please identify

all

documents

relating to this

Interrogatory.

20.

Identify

any investigation

done by

any individual,

corporation

or other

organization,

or agency relating

to any potential

petroleum

leak(s)

on

the

Property at

any

time.

State

the

date(s),

the

person(s)

responsible

for

performing

the

investigation(s),

the

results of the

investigation(s),

Identify any documents

relating

to such

investigation(s).

21.

Identify

any and

all

persons

responsible

for

conducting or overseeing

the testing, integrity,

maintenance,

repair, installation and/or removal

of any Tanks or

the

cleaning,

replacement,

or remediation of soil

located

on

the

Property within

the

past ten

(10)

years.

22.

Has

any financial audit (internal or external) been performed

relating to

the

Property

or

any

business

conducted

on

the

Property

within

the

past

ten

(10)

years?

If

so,

please

identify

any such

audit

by the

date

of the

audit,

the

name

of

individual,

corporation

or other organization,

or agency that performed

the

audit, and

state whether any report was

generated

as

a result of the audit.

23.

Identify

any

and

all

vendors

from

which

any

Respondent

has

purchased

petroleum,

(or

for

which

any

Respondent

has

sold

petroleum)

over

the

past ten

(10)

years,

describing

the

quantities,

types,

and

dates

of

said

purchases

and/or deliveries to the

Property.

Identify any records

relating to this

Interrogatory.

24.

For

all

periods

corresponding

with

the

purchases

or

deliveries

of

petroleum

to the

Property

referred to

in

the

previous

Interrogatory,

list the

relevant

information

and

data

for

all

sales

of

petroleum

occurring

on

the

Property,

or

for

petroleum

located

on

the

Property,

including

quantities,

types,

and

dates

of

said

sales.

25.

If

any

person,

firm,

or

corporation

has,

within

the

past

five

years,

brought any legal action against any Respondent for

similar

leaking gasoline storage

containers,

identify

all

parties

in

each

such

action,

state

the

date

on which

and the

court

in

which

the

action was filed,

and state

the

disposition of the

case,

and identify

each

person

having

custody of

records

relating

to

the

action,

and

state

where and

when counsel for the

plaintiff may examine these records.

26.

Describe

in

complete

detail

all

“sticking”

or

volume-measuring

tests

performed

on

the

Tanks

on

the

Property

for

purposes

of

gasoline

inventory

reconciliation

within

the

past

ten

(10)

years to

determine

whether

there

were

any

leaks

in

the Tanks.

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27.

Identify

each

“third

party”

responsible

for

costs

or

damages,

as

identified

in

Respondents’

Affirmative

Defense

number

1,

and

describe

how

each

such

other

person

caused

or contributed

to

the

damages

in

this

suit.

Identify

any

records

associated

with this

Interrogatory.

28.

Identify

with

specificity

any

statutes,

ordinances,

facts,

opinions,

standards,

comparisons,

data,

or any other information

relied upon

by Respondents

in

claiming that the

damages and costs incurred by Claimant

are or were “excessive”

and/or “not recoverable” from

Respondents,

as asserted

in

Respondents’ Affirmative

Defense number

2.

Identify any records

associated

with

this

Interrogatory.

29.

Identify

with

specificity

any

statutes,

ordinances,

facts,

opinions,

standards,

comparisons,

data,

or any other information

relied

upon by Respondents

in

asserting

in

Respondents’ Affirmative

Defenses numbers

3

-

6.

30.

Provide

the

name,

current

or

last

known

address

and

telephone

number

of each

independent expert

witness

or controlled expert

witness,

(as

those

terms

are

defined

in

Illinois

Supreme

Court

Rule

213),

who

will

offer

any

expert

testimony for, or on behalf of, any Respondent

at any hearing of this case

and state:

(a)

The subject matter

on which

the

expert

witness

is expected to

testify;

(b)

The conclusions

and/or opinions of the

expert

witness

and

the

basis

of said

conclusions

and/or opinions,

including

reports of

the

witness, if any;

(c)

The

qualifications

of

each

expert

witness,

including

a

curriculum vitae and/or resume, if any; and

(d)

Whether

there

are

any

written

reports

of any

expert

witness

regarding this

occurrence, and if so

dentify each such

report.

VILAGEO

BA

D

Dated:

September~,2004.

Dennis G. Walsh

Lance C.

Malina

Jacob

Karaca

KLEIN,

THORPE

and JENKINS,

Ltd.

20

North Wacker

Drive, #1 660

Chicago,

Illinois

60606

(312) 984-6400

Atty.

No.

90446

iManage

140919

I

6

---

BEFORE THE

ILLINOIS POLLUTION

CONTROL BOARD

SEP

092004

THE VILLAGE OF

LOMBARD,

)

ILLINOIS

an

Illinois

)

STATE OF $LLlNQ~S

Pollution Controi

t3o~rti

municipality corporation,

)

Complainant,

)

PCB No.

04-213

(LUSTS

-

Cost Recovery)

v.

BILL’S AUTO

CENTER,

)

BILL’S STANDARD

SERVICE

and WILLIAM

KOVAR,

)

Respondents.

COMPLAINANT’S FIRST SET

OF REQUESTS

DOCUMENT

PRODUCTION TO RESPONDENTS

NOW COMES

the

Claimant, the VILLAGE

OF

LOMBARD, by and through

its

attorneys

KLEIN THORPE

and JENKINS,

Ltd.,

and pursuant to the

provisions of the

Illinois

Pollution

Control

Board

General

Provisions,

Section

101.616,

hereby

propounds

the

following document

requests to

be answered

by the

Respondents,

in

writing

and under oath

on or before October

11,

2004:

DEFINITIONS

1.

“Village”

shall

refer

to

and

include

Complainant Village

of

Lombard,

Illinois,

or

anyone

acting

at

the

direction

and/or

on

behalf of

Defendant

Village of

Lombard, Illinois.

2.

“Respondents”

shall refer to the

Respondents

Bill’s Auto Center,

Bill’s

Standard

Service,

and

William

Kovar,

either

jointly

or

severally,

unless

noted

otherwise.

3.

“The Property” shall refer to the real property commonly known

as 330

South

Main

Street,

Lombard,

Illinois,

owned,

operated,

used,

rented,

controlled, or

leased

by any Respondent.

4.

“Tank” or “Tanks”

shall

refer to the

gasoline storage tank or tanks that

existed

on

the

Property

at

any

point

in

time

and

that

relate

or

may

relate

to

any

injuries

or damages alleged

in

the Complaint,.

iManage 141108 I

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5.

“Document”

is

used

in

the

broadest possible sense and includes every

original (and

any copy of any original and any copy which differs

in

any way from

any

original)

of

every

writing

or

recording

of

every

kind

or

description,

whether

handwritten,

typed,

drawn,

sketched,

printed

or

recorded

by

any

physical,

mechanical,

electronic or electrical

means

whatsoever,

including,

without

limitation,

books,

computer

hard

drive

and/or

disks,

e-mail

transmissions,

records,

papers,

pamphlets,

brochures,

specifications,

correspondence,

communications,

memoranda,

notes,

notebooks,

worKsheets,

reports,

lists,

analysis,

appointment of

books,

diaries,

telephone

bills,

contracts,

agreements,

instruments,

assignment,

written memorials of oral communications and tapes and recordings.

6.

“Communications”

includes

all

discussions,

conversations,

interviews,

meetings,

negotiations,

cablegrams,

mailgrams,

telegrams,

telexes,

e-mail

transmissions,

cables,

or

other

forms

or

written

or

verbal

exchange,

however

transmitted,

including

reports,

notes,

memoranda,

lists,

agenda,

and

other

documents

and

records

of

communications,

and

when

used

shall

require

a

statement of the

name of the

individual who

made

the communication,

the

person(s)

to whom it was made,

and

the form

in which

it was

made.

7.

As

used

herein, “all” refers to any and all, and the term

“any” likewise

refers to any and

all.

REQUESTS TO

PRODUCE

1.

Any and

all

documents, objects

or tangible things that refer or relate

in

any

way

to

any

of

the

allegations

of

the

Complaint

for

Cost

Recovery,

the

Respondents’ Answer, and the

Respondents’ Affirmative Defenses.

2.

Any and

all documents which reflect,

describe or refer to any damages

sustained

by

Complainant

in

this

case,

including

but

not

limited

to

all

receipts,

expense

reports,

databases,

invoices,

notes,

memoranda,

or

any

other

related

documents.

3.

Any statement

given

by any party

(or agent or employee

of any party)

to

this

lawsuit,

or

any

other

lawsuit

related

to

the

occurrence,

or

any

and

all

documents which

contain,

refer to

or describe

any statement

given

by any party (or

agent or employee of any party)

to

this

lawsuit,

to

any person, other than

its,

his,

or

her attorney,

relating to any claim,

fact or allegation contained

in

the

Answer or the

Affirmative Defenses.

4.

Any and

all

witness

statements,

and

any and

all

transcripts,

records,

recordings,

notes,

memoranda or other documents

of interviews with

any witnesses

to

any occurrences

related

to

the

Tanks

or soil

on

the

Property,

and

any

persons

present

before,

during,

or after

occurrences

related to any work,

tests,

cleanups,

or

other actions

concerning

the

Tanks

or soil

on

the

Property,

and

persons

who

have

knowledge

of

any

such

actions

and

persons

who

have

knowledge

of

any of

the

assertions and allegations

of the Answer

and/or the Affirmative Defenses.

iManage 141108

1

---

5.

Any

and

all

statements,

transcripts,

records,

notes,

memoranda

or

other

documents of

interviews

or

depositions

with

persons

who

have

or

claim

to

have knowledge

related

to any work, tests,

cleanups,

or other actions concerning the

Tanks

or soil

on

the

Property.

6.

Any

and

all

photographs,

slides,

diagrams,

motion

pictures,

audio

recordings,

videotapes or other reproductions reflecting or depicting any negotiation,

contract execution,

communications, or labor relating to any work,

tests,

cleanups, or

other actions

concerning

the Tanks or soil

on the

Property.

7.

Any

and

all

records

relating

to

any

work,

tests,

cleanups,

or

other

actions

concerning

the

Tanks

or

soil

on

the

Property,

including

but

not

limited

to

subcontracts,

orders,

change

orders,

delivery

orders,

scheduling

documentation,

designs,

blueprints,

drawings,

reports,

surveys,

proposals,

plans,

bulletins,

time

sheets, correspondence, field books,

diaries, as-builts,

progress reports,

etc.

8.

Any

and

all

correspondence,

in

whatever

form,

between

any

Respondent and

any federal,

state, or local bodies

or agencies,

for the

past ten

(10)

years.

9.

Any

and

all

documents

supporting

in

any

way

the

assertions

in

Respondents’ Affirmative Defense

number

1.

10.

Any

and

all

documents

supporting

in

any

way

the

assertions

in

Respondents’ Affirmative

Defense

number

2.

11.

Any

and

all

documents

supporting

in

any

way

the

assertions

in

Respondents’ Affirmative Defense

number 3.

12.

Any

and

all

documents

supporting

in

any

way

the

assertions

in

Respondents’ Affirmative Defense

number 4.

13.

Any

and

all

documents

supporting

in

any

way

the

assertions

in

Respondents’ Affirmative Defense

number 5.

14.

Any

and

all

documents

supporting

in

any

way

the

assertions

in

Respondents’ Affirmative Defense

number 6.

15.

Any

photographs,

movies

and/or

videotapes

taken

of

the

property

related to any work,

tests,

cleanups,

or other actions

concerning the

Tanks or soil on

the

Property.

16.

Reports

of any tests,

inspections,

or investigations

of the

Property

or

the Tanks or soil on

the

Property undertaken

by Lincoln,

its

agents or employees.

17.

Any

and

all

documents,

exhibits

or

evidence

which

any

Respondent

intends to use at any deposition

or at the trial of this cause.

iManage 141108

1

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18.

Copies of the curriculum vitae,

resume or description of the

credentials

for each

and every opinion witness,

independent

expert witness, or controlled expert

witness to be called at hearing by the

Respondents.

19.

Any

and

all

reports of any opinion witness, independent expert witness

or controlled expert

witness to be called at hearing

by Respondents.

20.

Any

and

all

correspondence

to

or

from

any

opinion

witness,

independent expert

witness

or controlled

expert

witness

relating

to

this case to

be

called at trial by Respondents.

21.

Copies of Respondents’

State

and Federal

Income Tax Returns for the

years 1994

-

present.

22.

Provide

an

affidavit

signed

by

each

Respondent,

or

representative,

stating

whether

the

production

of

documents

is

complete

in

accordance

with

the

above document

requests.

VILLAGE

OF LOMBARD

Dated:

September

1,

2004,

Dennis

G. Walsh

Lance

C.

Malina

Jacob Karaca

KLEIN, THORPE and JENKINS,

Ltd.

20

North Wacker

Drive,

#1

660

Chicago,

Illinois 60606

(312) 984-6400

Atty.

No.

90446

iManage 141108

I