RECE~VED
    BEFORE THE
    ILLINOIS POLLUTION CONTROL BOAR~LERK’S
    OFFICE
    FEB
    15
    2005
    PEOPLE OF
    THE STATE OF ILLINOIS,
    )
    STATE OF ILLINOIS
    Complainant,
    )
    Pollution
    Control
    Board
    )
    PCB 96-98
    )
    v.
    )
    Enforcement
    )
    )
    SKOKIE VALLEY ASPHALT, CO., INC.,
    )
    EDWIN L. FREDERICK, JR., individually and as
    )
    owner and President ofSkokie Valley Asphalt
    )
    Co.,
    Inc.,
    and RICHARD J. FREDERICK,
    )
    individually
    and as owner and Vice President of
    )
    Skokie Valley Asphalt Co., Inc.,
    )
    Respondent
    RESPONDENTS’ MOTION TQ
    COMPEL
    RESPONSE TO DISCOVERY
    The Respondents, SKOKIE VALLEY ASPHALT, CO., INC.,
    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 ofSkokie ValleyAsphalt Co.,
    Inc.,, by and through its
    attorney, David S.
    O’Neill, herein move this Board to compel the
    Complainant to reply to the discovery request served on the Complainant on December 30, 2004
    and in support thereof states as follows:
    BACKGROUND AND LEGAL STh~ARD
    1.
    On December 30, 2004, the Respondents served the Complainants with a “Respondents’
    First Set ofDocument Requests RegardingAttorneys’
    Fees, Costs and Expenses”.
    2.
    In the Request for Documents, the Respondents made a “request forproduction of
    documents, to be produced for inspection and copying within 28 days from the date of
    service, at the offices of David S. O’Neill...”
    3.
    To date, no such documents have been produced and delivered as requested.
    4.
    On January 29, 2005,
    in compliance with Illinois Supreme Court Rule 201(k), the
    1
    CERTIFICATE OF SERVICE
    I, the undersigned, certify that I have served the attached Respondents’
    Motion to Strike
    and Objections to Complainant’s Closing Argument and Reply Brief by hand delivery on
    February
    15,
    2005, upon the following party:
    Mitchell Cohen
    Environmental Bureau
    Assistant Attorney General
    Illinois Attorney General’s Office
    188 W. Randolph, 20th Floor
    Chicago, IL 60601
    David’S. O~Neii(
    SUBSCRIBED AND SWORN TO ME this
    day of
    P~~4~2Og
    ~
    OFFICIAL
    SEAL
    DENNIS R O’NEILL
    NOTARY PUBLIC. STATE OF ILLINOIS
    MY COMMISSION EXPIRES:09120/07
    NOTARY SEAL
    H
    RECE~VED
    CLERK’S OFFICE
    BEFORE THE ILLINOIS
    POLLUTION CONTROL BOARD
    FEB
    15
    2005
    STATE OF ILLINOIS
    PEOPLE OF THE STATE OF ILLiNOIS,
    )
    Pollution Control Board
    Complainant,
    )
    )
    PCB 96-98
    )
    V.
    )
    Enforcement
    )
    )
    SKOKIE VALLEY ASPHALT, CO., INC.,
    )
    EDWIN L. FREDERICK, JR., individually and as
    )
    owner and President ofSkokie Valley Asphalt
    )
    Co.,
    Inc., and RICHARD J. FREDERICK,
    )
    individually
    and as owner and Vice President of
    )
    Skokie Valley Asphalt Co., Inc.,
    )
    Respondent
    )
    NOTICE OF
    FILING
    PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk ofthe Pollution
    Control Board the Respondents’ Motion to Strike and Objections to
    Complainant’s Closing
    Argument and Reply Brief, a copy ofwhich is hereby served upon you.
    ~
    DavidTS. OrNeifi
    February
    15,
    2005
    David S.
    O’Neill, Attorney at Law
    5487 N. Milwaukee Avenue
    Chicago, IL 60630-1249
    (773) 792-1333

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