BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
RECEIVED
PEOPLE OF THE STATE OF ILLINOIS,
)
CLERKS OFFICE
by LISA MADIGAN, Attorney General
)
APR
252005
ofthe State ofillinois,
)
STATE OF ILLINOIS
Pollution Control Board
Complainant,
)
)
V.
)
)
SKOKIE VALLEY ASPHALT CO., INC.,
)
PCB 96-98
an Illinois
Corporation, EDWIN L. FREDERICK,
)
JR., Individually and as Owner and President of
)
Skokie ValleyAsphalt Co., Inc.,
and
)
RICHARD
J. FREDERICK, Individually
)
and as Owner and Vice President ofSkokie
)
ValleyAsphalt Co., Inc.,
)
)
Respondents.
)
NOTICE OF DISCOVERY
TO:
See Certificate of Service•
PLEASE TAKE NOTICE that I have today caused to be filed with the Office ofthe Clerk
ofthe Pollution Control Board the
Complainant’s Interrogatories, Document Requests and
Deposition Notices
to Respondents Regarding Complainant’s Fee Petition,
true
and correct
copies ofwhich are herewith served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
ofthe State ofIllinois
BY:
_________
MICHAEL C. PARTEE
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, Suite
2001
Chicago, Illinois 60601
Tel:
312-814-2069
THIS FILING
IS SUBMITTED
ON RECYCLED PAPER
•
CERTIFICATE OF SERVICE
It is hereby certifiedthat true and correct copies ofthe foregoing Notice and.
Complainant’s Interrogatories, Document Requests and Deposition Notices to Respondents
Rçg~rdingComp~ainant’s
Fee Petition
were mailed, first class postageprep aid, to
each ofthe
followingc.Qn ~
2005:
Carol Webb, Hearing Officer
David S. O’Neill,
Esq.
Illinois
Pollution Control Board
5487 N. Milwaukee Ave.
1021
N. Grand Ave. E.
Chicago, IL 60630
P.O.
Box 19274
Springfield,
IL 62794-9274
Michael B. Jawgiel, Esq.
5487 N. Milwaukee Ave.
Chicago, IL 60630
BY:
~
~ui2/~
MICHAEL C. PARTEE
It is hereby certified that the original plus nine (9) true and correct copies of the foregoing
Notice and
Complainant’s Interrogatories, Document Requests and Deposition
Notices to
Respondents Regarding Complainant’s Fee Petition
were
also hand-delivered to the following
on April
25,
2005:
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100
West Randolph Street, Suite 11-500
Chicago, Illinois 60601
BY:
______
MICHAEL C. PARTEE
2
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
PEOPLEOFTHESTATEOFILLINOIS,
)
RECEIVED
by LISA MADIGAN, Attorney General
)
.
CLERK’S OFFICE
ofthe State ofIllinois,
)
APR
252005
Complainant,
)
.
STATE OF
ILLINOIS
)
.
Pollution Control Board
V.
)
)
SKOKIE VALLEY ASPHALT CO., INC.,
)
PCB 96-98
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 ofSkokie
)
ValleyAsphalt Co., Inc.,
)
•
)
Respondents.
)
COMPLAINANT’S INTERROGATORIES
TO RESPONDENTS
REGARDING COMPLAINANT’S FEE PETITION
Pursuant to
Illinois Pollution Control Board Rule
101.620,35111. Adm.
Code
101.620,
and Illinois Supreme
Court Rule 213, Complainant, PEOPLE OF
THE STATE OF
ILLINOIS,
requests that Respondents, SKOKJE VALLEY ASPHALT CO., INC., EDWIN L. FREDERICK,
JR., and RICHARD J. FREDERICK, answer in writing, under oath, on or before May25, 2005,
the following interrogatories:
I.
INSTRUCTIONS
1.
The Respondents are required, in answering these interrogatories
to furnish all
information available to
the Respondents or their attorneys, employees, agents, contractors,.
experts, or consultants, or which is ascertainable by reasonable inquiry whetheror not the
requested information might be available from another entity.
2.
If an interrogatoryhas subparts, the Respondents are required to answer each part
sep~ràtely
~and
in
I~Il
Ifthe Respondents cannot answer an interrogatory in full, they are required to
an~w~
all parts of the interrogatory to the extent possible and specify the reason for their
inability to provide additional information.
4.
As to each interrogatory, or portion thereof, identify in the answer every oral
communication, document or writing which relates to the interrogatory orresponse, whether or
not such identification is specifically requestedby the interrogatory.
5.
In answering each interrogatory, identify each document, person, communication
or meeting which relates to, corroborates, or in any way forms the basis for the answer given.
6.
The Respondents shall make the requested documents available for inspection and
copying at the Office ofthe Illinois Attorney General, 188. West Randolph Street, Suite 2001,
Chicago, Illinois.
7.
Pursuant to Illinois Supreme Court Rule 213(e), the Respondents are requested to
serve upon Complainant corrected, supplemented or augmented answers hereto, documents or
other forms ofinformation from whatever source, which arguablytends to show that
Respondents’ prior answers
are, might be, were ormight have been in a sense incorrect,
incomplete, potentially misleading or less than fully responsive or truthful.
8.
The Respondents shall supplement its answers and responses as new information
and documents become available.
9.
Ifdates are requested, the exact
date should be given if possible.
However, if the
exact date cannot be determined due to absence or inadequacy ofrecords, the best estimate
should be given as to the interrogatory and labeled as such.
2
10.
In construing these interrogatories:
a.
The singular shall include the plural and the plural shall include the
singular; and
b.
A masculine, feminine or neuter pronoun shall not exclude the other
genders.
11.
Ifyou encounter any ambiguity in construing any interrogatory or any definition or
instruction pertaining to any interrogatory, set forth the matter deemed ambiguous and the
construction chosen orused in responding to
the interrogatory.
12.
In producing documents, you are requested to
furnish all documents or things in
your actual or constructive possession, custody or control, or known or available to you,
regardless ofwhether such documents or things are possessed directlyby you or by your
attorneys, agents, employees, representatives or investigators.
13.
This discovery is deemed continuing, necessitating supplemental answers by the
Respondent, or anyone acting on its behalf, when or if it obtains additional information which
supplements or alters the answers now provided.
II.
CLAIMS
OF
PRIVILEGE
1.
With respect to any interrogatory which Respondents refuse to
answer on a claim
ofprivilege, provide a statement signed by an attorney representing the Respondents setting
forth
for each such assertion ofprivilege:
a.
The name and job title ofevery person involved in the conversation or
communication;
b.
The nature ofthe information disclosed;
c.
All facts relied upon in support ofthe claim ofprivilege;
3
d.
All documents related to the claim ofprivilege;
e.
All events, transactions or occurrences related to the claim of privilege;
and
f.
The statute, rule or decision which is claimed to giverise to the privilege
or the reason for its unavailability.
Ifthe objection relates to oniy part of an interrogatory, the balance ofthe interrogatoiy should be
answered in full.
2.
Ifyou claim the attorney-client privilege or any other privilege is applicable to
any
document, with respect to that document:
a.
State the date ofthe document;
b.
Identify each and every author ofthe document;
c.
identify each and every other person who prepared orparticipated in the
preparation ofthe document;
d.
identify each and every person for whom the document was received;
e.
identify each and everyperson from whom the document was received;
f.
State the present location ofthe document
and all copies thereof;
g.
Identify each and every person having custody or control ofthe document
and all copies thereof
and
h.
Provide sufficient further information concerning the document to explain
the claim ofprivilege and to permit adjudication ofthe propriety of that
claim.
4
III.
DEFINITIONS
1.
“Attorney fee issue” means the attorney fee issue referenced in the Board’s Order
in this case, dated April
7, 2005, which involves Respondents’ objection to
Complainant’s
petition for attorney’s fees and costs.
\
2.
This “case” encompasses the first Violation Notice from the Illinois EPA until the
present time.
3.
“Communication” shall mean, without limitation, any and
all forms oftransferring
information, including discussions, conversations, meetings, conferences,
interviews,
negotiations, agreements, understandings, inquiries, correspondence, documents, or other
transfers ofinformation whether written or oral orby any other means, and includes any
document which abstracts, digests, transcribes or records any communication.
4.
“Document” shall be construed in its customarybroad
sense and shall include, but
is not limited to, the original and any non-identical copy, whether different from the original
because ofnotes made on said copy or otherwise, or any agreement; bank record or statement;
book of account, including any ledger, sub-ledger, journal, or sub-journal; brochure; calendar;
chart; check;
circular; communication (intra- or inter-company or governmental entity or agency
or agencies); contract;
copy; correspondence; diary; draft ofany document; graph; index;
instruction; instruction manual or sheet; invoice; job requisition; letter; license; manifest;
manual; memorandum; minutes; newspaper or other clipping; note; note book; opinion;
pamphlet; paper; periodical or other publication; photograph; print;
receipt; record; recording
report; statement; study;
summary including
any memorandum, minutes, note record, or
summary ofany (a) telephone, videophone or intercom conversation or message, (b) personal
conversation or interview, or (c) meeting or conference; telegram; telephone log; travel or
5
expenserecord; voucher; worksheet or working paper; writing;
any other handwritten, printed,
reproduced, recorded, typewritten, or otherwise produced graphic material from which the
information inquired ofmay be obtained, or any other documentary material ofany nature, in the
possession, custody orcontrol ofRespondent.
5.
“Identification” or “identify” shall mean:
a.
As to an individual, stating his or her:
i.
Full and customarily used names;
ii.
Present business and residence addresses;
iii.
Business or profession during the relevant time period;
iv.
Everyoffice, title, or position held during the relevant time period;
and
v.
Every employer during the relevant time period.
b.
As to
any person other than an individual, stating:
i.
Its legal name and any other name used by it;
ii.
The form or mannerof its organization
(e.g.,
partnership,
corporation, etc.);
and
iii.
The state ofits incorporation (if it is
incorporated) and the address
of its principal place ofbusiness.
c.
As to
a document, stating:
i.
The date ofits
creation, execution, and receipt;
ii.
Its author or signatory;
iii.
Its addressee
and any other recipient;
iv.
Its type or nature
(e.g.,
letter, memorandum, etc.);
6
v.
The identity ofthe custodian;
vi.
The identity ofthe document; and
vii.
The present location ofthe document.
d.
As to
any event, incident, conversation, transaction or occurrence, stating:
i.
The date;
ii.
The place where it took place and the manner ofits
occurrence;
iii.
Identification ofall the participants;
iv.
Its purpose and subject matter; and
v.
A description of what transpired.
6.
.
The term “knowledge” means first hand information and/or information derived
from any other source, including hearsay.
7.
“Person” shall include, but is not limited to,
any natural person; business or
corporation, whether forprofit or not; firm, partnership, or other non-corporate business
organization; charitable, religious, educational,
governmental, or other non-profit institution,
foundation, body, or other organization; or employee, agent, or representative ofany ofthe
foregoing.
8.
“Or” shall mean and/or wherever appropriate.
.
9.
“Related to” or “relating to” shall mean anything which, directly or indirectly,
concerns, consists of, pertains to, reflects, evidences,
describes, sets forth, constitutes, contains,
shows, underlies, supports, refers to in any way, is or was used in the preparation of, is appended
to, is legally logically or factually connected with, proves, disproves, ortends to prove or
disprove.
7
10.
“Relied upon” shall mean being or having been depended upon or referred to or
being or havingbeen arguably appropriate for such reliance.
11.
“Respondents” shall mean SKOKIE VALLEYASPHALT CO., INC., EDWIN L.
FREDERICK, JR., and RICHARD
J.
FREDERICK D’Arigelo Enterprises, Inc., and any of
Respondents’
attorneys, employees, agents, representatives, successors or assigns, or any other
person acting or believed by Respondents to have acted on their behalf.
IV.
INTERROGATORIES
Interrogatory #1
Identify the individual(s) answering these interrogatories on behalfof the Respondents,
including his relationship
to the Respondents, and how long he has been associated with the
Respondents.
Specifythe particular interrogatories to which each such person contributed.
Answer:
Interrogatory~
With respect to any witnesses that Respondents may call at a hearing on the attorney fee
issue, state the following:
a.
The name, address and employer of eachwitness;
b.
A summary of the relevant facts within the knowledge ofor to which said witness
will testify; and
c.
A list of all documents or photographs which any such witness relied upon, will
use orwhich Respondents may introduce into evidence in connection with the
8
testimony of said witness.
Answer:
Interrogatory #3
Identify any and all opinion witnesses that Respondents interviewed and/or expects to
call
at a hearing on the attorney fee issue.
Specify:
a.
The subject matter on which the opinion witness is expected to testify as well as
the conclusions, opinions and/or expected testimony ofany such witness;
b.
The qualifications, including, but not limited to, the opinion witness’ educational
background, practical experience in the area in which he is
expected to testify,
any
articles or papers he has written, any and all
seminars and post graduate training
he has received, his experience, if any, as a teacher or lecturer, and
his
professional appointments
and associations;
c.
The identity ofeach document
examined, considered, or relied upon by him to
form his opinions;
d.
All proceedings in which each opinion witness has previously testified as an
opinion witness;
e.
Any and all reports ofthe opinion witness; and
f.
Whether ornot each such person viewed, examined, inspected or conducted any
tests at or concerning the site in issue and, if so,
state:
i.
The date of each such viewing, examining, inspecting or testing;
9
ii.
The location at which each such viewing, examining, inspecting or testing
took place;
iii.
The nature of,each such viewing, examining, inspecting or testing
(i.e.,
visual, photographic,
etc.);
iv.
The names, addresses, titles, and capacities ofall persons present during’
each such viewing, examining, inspecting or testing; and
v.
Whether notes, calculations,
reports or other documents were prepared or
made during or as a result of any such examination, inspection or test, and
identify same.
Answer:
Interrogatory #4
For each attorney that has provided legal services to Respondents related to this
case, list
all oftheir hours spent on such services, as well as the corresponding activity performed,
regardless ofwhether all such hours
and activities were actually billed to Respondents.
Answer:
10
Interrogatory
#5
For each attorney that has provided legal services to Respondents related to
this case,
describe the attorney fee arrangement with Respondents and
as between attorneys in this case
(e.g.,
flat fee arrangement, hourly billing arrangement).
Answer:
Interrogatory #6
For each attorney that has provided legal services
to Respondents related to this case, list
all of their hours spent on such services, as well as the corresponding activity performed, that
were billed to Respondents:
Answer:
Interrogatory
#7
For each attorney that has provided legal services to Respondents related to this
case, list
their hourly billing rate while providing such services, and list any changes in hourly billing rates
during the pendency ofthis case.
Answer:
,
11
Interrogatory #8
Itemize all costs, on a dailybasis, that were billed to
Respondents and/or accrued by
Respondents’
attorneys related to this case.
Answer:
Interrogatory #9
For each attorney that has provided legal services to Respondents related to this
case,
describe their education and legal experience and expertise relevant to this case.
Answer:
Interrogatory #10
For each attorney that has provided legal services to Respondents related to this case, list
their hourly rate billed in all other similar cases
during the same time frame ofthis case.
Answer:
•
12
Interrogatory #11
Identifythe name, address and telephone number for the attorney(s) that will be
representing attorneys David S. O’Neill
and Michael B. Jawgiel when they give deposition and
hearing testimony on the attorney fee issue.
Answer:
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
ofthe State ofIllinois
BY:
_________________
MICHAEL C. PARTEE
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, Suite 2001
Chicago, Illinois 60601
Tel: 312-814-2069
‘13
BEFORE THE ILLINOIS POLLUTION CONTROL BOi~1~
c
E IV E D
CLERK’S OFFICE
PEOPLE OF THE STATE OF
ILLINOIS,
)
by LISA MADIGAN, Attorney General
)
APR
252005
ofthe State ofIllinois,
‘
)
STATE OF ILLINOIS
)
,
Pollution Control Board
Complainant,
)
)
v.
)
)
SKOKIE VALLEY ASPHALT CO., INC.,
)
PCB 96-98
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 ofSkokie
)
Valley Asphalt Co., Inc.,
)
)
Respondents.
)
COMPLAINANT’S DOCUMENT. REQUESTS TO RESPONDENTS
REGARDING COMPLAINANT’S
FEE PETITION
Pursuant to Illinois Pollution Control Board Rule
101 .620,
35
Ill. Adm.
Code 101.620,
and Illinois Supreme Court Rule 214, Complainant, PEOPLE
OF THE STATE OF ILLINOIS,
requests that Respondents,
SKOKIE VALLEY ASPHALT CO., INC., EDWIN L. FREDERICK,
JR., and RICHARD J. FREDERICK, produce, under oath, on or before May
25,
2005, following
documents for inspection and copying at the Office ofthe Attorney General,
188 West Randolph
Street, Suite 2001, Chicago, Illinois:
I.
INSTRUCTIONS
1.
Ifany requested document is not or cannot be produced in full, produce it to the
extent possible, indicating with particularity what documents or portion of any such documents is
not or cannot be produced and the reason therefore.
:T~~
~~.qI~nO’documentsever existed that address the subject of any request, please state
so affirmatively for each applicable request.
3
Ifa document responsive to any request existed in the past, but does not currently
•
~
~
exist, Respondent is instructed to provide all
available information about the author and contents
ofthat document
and the circumstances ofits destruction.
4.
Tn producing documents, you are requested to produce the original of each
docmnent requested together with all non-identical copies and drafts ofthat document.
5.
All documents should be produced in the same order as they are kept or
maintained by you.
6.
All documents should be produced in
a file, folder, envelope, or other container in
which the documents are kept or maintained by you.
Iffor any reason the container cannot be
produced, please produce copies of all labels or other identifying markings.
7.
Documents attached to each other should not be separated.
8.
Documents not otherwise responsive to this request shall be produced if such
documents refer to, relate to, or explain the documents called for by this request and constitute
routing slips, transmittal memoranda or letters, comments, evaluations, or similar documents.
9.
Each document request should be construed and responded to independently from
each otherrequest.
The scope of any requests should not be construed to limit or narrow the
scope of any other request.
10.
Complainant incorporates by reference herein the Instructions, Claims of Privilege
and Definitions sections ofComplainant’s Interrogatories to Respondent Regarding
Complainant’s Fee Petition.
2
II.
DOCUMENT PRODUCTION REQUEST
1.
A daily accounting of all hours,
as well as the corresponding activity performed,
for each attorney that has.provided legal services to Respondents related to this case, regardless
ofwhether all such hours and activities were actuallybilled to Respondents.
2.
All time records for each attorney that has provided legal
services to Respondents
related to this case.
3.
A daily accounting ofall costs incurred by each attorney that has provided legal
services to
Respondents related to this case, regardless ofwhether all such costs were actually
billed to
Respondents.
4.
All invoices for attorney’s fees from Respondents’ attorneys related to this case.
5.
All invoices for costs incurred by each of Respondents’
attorneys related to this
case.
.
6.
A daily accounting of all costs directly incurred by Respondents related to this
case.
7.
All documents identified, relating to,
and/or referred to in Respondents’
or
Respondents’ attorneys’ answers to
Complainant’s Interrogatories to Respondent Regarding
Complainant’s Fee Petition.
3
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
by LISAMADIGAN, Attorney General
ofthe State ofillinois
BY:
(1A~/P~&
MiCHAEL
C.
PARTEE
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, Suite 2001
Chicago, illinois 60601
Tel: 312-814-2069
4
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLEOFTHESTATEOFILLINOIS,
)
RECEIVED
by
LISA
MADIGAN, Attorney Genãral
)
CLERK’S
OFFICE
ofthe State of Illinois,
)
APR 252005
Complainant
.
STAJE OF ILLINOIS
Pollution Control Board
v.
)
)
SKOKIE VALLEY ASPHALT
CO., INC.,
)
PCB 96-98
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 ofSkokie
)
Valley Asphalt Co., Inc.,
)
)
Respondents.
)
COMPLAINANT’S DEPOSITION NOTICES TO
RESPONDENTS
REGARDING COMPLAINANT’S
FEE PETITION
To:
See
Certificate of Service
PLEASE TAKE NOTICE that counsel for Complainant shall, pursuant to Illinois
Pollution Control Board Rule 101.622,
35 Ill.
Adm. Code
101.622,
and Illinois Supreme Court
Rule 206, take the discovery depositions ofthe following persons commencing on the dates and
times indicated at the Attorney General’s Office, Environmental Bureau North,
188 West
Randolph Street, Suite 2001, Chicago, Illinois 60601:
1.
David S. O’Neill beginning at 9:30 a.m. on June
16, 2005
and
2.
Michael B.
Jawgiel beginning
at 1:30 p.m.
on June 16, 2005.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
*
by LISA MADIGAN, Attorney General
ofthe State ofIllinois
4
BY:
_________________
MICHAEL C. PARTEE
Assistant Attorney General
Environmental Bureau
188
West Randolph Street, Suite 2001
Chicago, Illinois 60601
Tel:
312-814-2069
2
