RECE~V~D
CLERK’S OFFICE
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
APR
25
2005
PEOPLE
OF THE STATE
OF ILLiNOIS,
)
PoUution 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.,
)
Respondents
)
RESPONDENTS’
FIRST SET OF DOCUMENT REQUESTS
REGARDING ATTORNEYS’ FEES.
COSTS
AND EXPENSES
The Respondents,
SKOKIE VALLEY ASPHALT, CO., iNC.,
EDWIN L. FREDERICK,
JR., individually and as owner and President ofSkokie ValleyAsphalt Co.,
Inc., and RICHARD J.
FREDERICK, individually
and as owner and VicePresident ofSkokie Valley Asphalt Co., Inc.,
by
and
through
their
attorney,
David
S.
O’Neill,
herein
respectfully,
serve
upon
plaintiffs
the
following request
for production of documents, to
be
produced
for inspection
and
copying
within 28 days from the date ofservice, at the offices ofDavid S. O’Neill,
5487
N. Milwaukee
Avenue, Chicago, Illinois 60630-1249.
DEFINITIONS
The following definitions
are to
be
used in
interpreting and
responding
to
this
request
regardless of whether the definition occurs before ofafter the use ofthe term defined:
Eachrequest hereinmust be interpretedand responded-to-inlight ofthefollowing definitions
regardless ofwhether the definition occurs before ofafter the use of the term:
A.
“Respondents” meansthe parties identifiedas Respondents in the title-Gf this request.
B.
“State”
means the Plaintiff,
People of the State ofIllinois and includes each of its
departments, agencies, agents, servants, employees
and experts.
—1—
C.
“Identify” means
fully state and enumerate:
1.
As to person:
state the full name, title, relation to the person to
which this
request is directed
and the business address ofsuch person;
2.
As to document: statethe particular document (e.g. study, letter, map, etc. as
detailedbelow), its date, title,author, addressee,publisher and any other basis
for
identification of such record.
Also,
state the person or
body
having
charge
of the
document,
the
address
and
room
number
where
such
is
physically located, theparticularfile containing such document and any other
information which would facilitate a search for such record; and
3.
As to action or reason: state each action taken, the name ofthe person taking
such action
and/or
making the determination, the date, time and location of
said
action
and/or
determination
and
the detailed
nature
of that
act
and
identify all witnesses thereto and Related Documents.
D.
“In the possession of’ means in thephysical possession
of,
or under or subject to the
control of or available to as a matter ofright,the personorbody named orany person
or body subject to the control or direction of such person or body in regard to
the
record or item named.
E.
“Relatedto, Relating to, Concerning,Pertaining to, Relevantto, orRegarding” means
consist
of,
refer to,
reflect or be
in
any
way
logically,
factually or conceptually
connected with the matter discussed directly or indirectly.
F.
“Document” means
all
copies of all
written or graphic matter of every
kind
and
description,
however produced or reproduced, whether relating
to
facts, opinion,
event, recollection or intention, whether draft or a final, original or a reproduction
including,
but not
limited to: canceled checks,
ledgers,
audits,
diaries, calendars,
photographs,
notes,
outlines,
requisitions,
reports,
summaries,
invoices, witness
statements,
bills
of
lading,
orders,
receipts,
bank
records,
laboratory
analysis,
computations,models (whethercomputer generated orotherwise), letters, statements,
correspondence,
memoranda
of
telephone
or
personal
conversations
or
other
communications,
memoranda of intra or inter
office communications,
bulletins,
electronically
stored
information
including,
without limitation,
such
information
which constitutes a complete file, a portion of file and without exception, any other
computer
or retrievable
data (whether encoded, taped, or coded electrostatically,
electromagnetically or otherwise); and any other Documents functionally similar to
the foregoing, however described in the possession, custody or control of the Party
to which this request is directed.
0.
Ifa request relates to reports, studies or like Documents, therequest shall include all
drafts, outlines, computations, notes, work paper and other information utilized or
necessary to prepare the report, study or like document.
H.
“Communication”
means
all
inquiries,
discussions,
conversations,
negotiations,
agreements,
understandings,
meetings,
telephone
conversations,
letters,
notes,
telegrams, and all other forms oforal or written intercourse.
-2-
I.
“And, or, and/or” means and, as well as or, shallbe construed either disjunctively or
conjunctively, as necessary to bring within the scope ofthis requested information
and/or Documents which might otherwise be construed to be outside its scope.
J.
“Plural/Gender” as usedherein, meansany use ofthe singularshall include the plural
and
the singular.
As used herein, any
word connoting
the masculine or feminine
gender shall include the masculine, feminine and the non-gender,
and the use of the
non-gender shall include both the masculine and the feminine.
K.
“Non-Disclosure”
means
with
respect
to
information
which
is
withheld
or not
disclosedas requestedpursuant hereto,due to a claim-ofprivilege or non-disclosure,
a statement shallbe provided by counsel setting forth as to each such withholding o-r
non-disclosure:
1.
A
brief description of the nature
and
subject
matter
and
the
reason
for
withholding or non-disclosure ofthe information; and
2.
The statute, rule, decision or other basis which is claimed to give rise to the
privilege, or any other justification for the non-disclosure or withholding of
the requested information.
L.
“Subject Matterofthis Case” meansin any manner conceptually Relatedto questions
offact or law in this caseregardless ofthepoint in time and whether they areRelated
to
a motion, complaint, answer, counterclaim, cross claim, affirmative
defenses or
other pleadings whether in original or amended form.
M.
“Knowledge” means information either favorable or unfavorable to the position of
the Person at whom this request is
directed.
N.
“Person”
(“People”)
includes natural persons, partnerships and
governmental and
private
entities
whether
incorporated
or
otherwise
but
does
not
include
the
Respondents, its agents, employees or experts.
0.
“Facility” means any land or structures at any time used to conduct any operation of
theRespondents which is Related to the Subject Matter ofthis Case and includes, but
is not limited to, any former and/or current plant as necessary to broaden the request
and the scope ofthe required response.
P.
“Board” shall mean the Illinois Pollution
Control Board
and
includes each of its
departments, agencies,
agents, servants, employees and experts..
Q.
“Illinois Attorney General’s Office” shall m~an
the Office of the Illinois Attorney
General and includes each ofits departments, agencies, agents, servants, employees
and experts..
R.
“Attorneys Claiming Fees” shall include all employees ofthe State that are claiming
fees and cost matterand will include, but is not necessarily limited to, Joel Sternstein,
Bernard Murphy and Mitchell Cohen.
-3-
PRODUCTION REQUEST
I.
All Documents Related to the subject matter of this case.
2.
All Documents Related to work performed by the Attorneys Claiming Fees in the
prosecution of this case.
3.
All Documents Related to education and legal training for the Attorneys Claiming
Fees.
4.
All Documents Related to legal experience for the Attorneys Claiming Fees.
5.
All Documents Related to guidelines for pay rates and compensation forAssistant
Attorney Generals atthe Illinois Attorney General’s Office.
6.
All Documents Related to performance reviews, evaluations, personnel records and
professional capabilities for the Attorneys Claiming Fees by the State from the date
this case was filed with the Board until the present (including said Documents for
Joel Sternstein from the Board).
7.
All Documents Related to pay rate and total compensation per year and the history
of any compensation increases and the basis for these compensation increases for
the Attorneys Claiming Fees by the State from the date this case was filed with the
Board until the present (including said Documents for Joel Sternstein from the
Board).
8.
All Documents Related to,
and copies
of,
the Federal and State Income Tax Returns
and Amended Returns filed for the Attorneys
Claiming Fees from the date this case
was filed with the Board until the present.
9.
All Documents Related to the employment history ofthe Attorneys Claiming Fees,
both with the
State and other emplyment throughout their lifetime,
including
information on pay rates and compensation.
10.
All Documents Related to Mr. Joel Sternstein’s work related to the subject matter of
this case including workperformed while an employee of the Board.
11.
All Documents Related to the procedure and decision related to the hiring ofMr.
Joel Sternstein by the Illinois Attorney General’s Office..
12.
All Documents brought by Mr.
Joel Sternstein from the Board to the Illinois
Attorney General’s Office.
13.
All Documents Related to telephone conversations between the Attorneys Claiming
Fees and the Board and information on the subject matter ofthe conversations from
the date this case was filed with the Board until the present.
14.
Al! Documents Related to meetings and conversations between the Attorneys
Claiming Fees and the Board
and information on the subject matter ofthe
conversations from the date this case was filed with the Board until the present.
-4-
15.
All Documents Related to the selection and/or determination ofthe “reasonable
hourly rate” stated on page
3 ofthe People ofthe State of Illinois Attorney Fees and
Costs Petition filed with the Board on September 17, 2004.
16.
All Documents Related to the selection and/or determination ofthe
“reasonable
cost” stated on page
3 ofthe People ofthe State ofIllinois Attorney Fees and Costs
Petition filed with the Board on September
17, 2004.
17.
All Documents Related to the selection and/or determination ofthe “the number of
hours AAGs Cohen,
Sternstein and Murphy spent prosecuting this case” stated on
page 2 ofthe People of the State ofIllinois AttorneyFees and
Costs Petition filed
with the Board on September
17, 2004.
18.
All Documents Related to any other cases in which any of the Attorneys Claiming
Fees sought cost and attorneys’ fees
19.
All Documents
Related to any other cases in which any of the Illinois Attorney
General’s Office sought cost and attorneys’ fees.
20.
All Documents
Related to the preparation ofthe Affidavit of Bernard Murphy
attached to the People ofthe State ofIllinois Attorney Fees and Costs Petition filed
with the Board on September 17, 2004.
21.
All Documents Related to the preparation ofthe Affidavit of Joel Sternstein
attached to the People ofthe State ofIllinois Attorney Fees and Costs Petition filed
with the Board on September
17, 2004.
-
22.
All Documents Related to
thepreparation ofthe Affidavit ofMitchell Cohen
attached to the People ofthe State ofIllinois Attorney Fees and Costs Petition filed
with the Board on September 17, 2004.
23.
All Documents Related to
the selection and/or determination of the costs stated in
the People of the State of Illinois Closing Rebuttal Argument and
Reply Brief and
filed with the Board
on April
15,
2004..
24.
All Documents Related to
State’s and the Office ofthe Attorney General’s
guidelines and procedures for assuring against and disciplinaring for the filing of
false statements with the Board or the State.
The State shall furnish an affidavit stating whether the production is complete in accordance
with this request.
Da~i S. Q~N~eill
‘~
David S.
O’Neill, Attorney at Law
5487 N. Milwaukee Avenue
Chicago, Illinois 60630-1249
(773) 792-1333
-5-
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached RESPONDENTS’ FIRST
SET OF DOCUMENT REQUESTS REGARDiNGATTORNEYS’
FEES, COSTS
ANT) EXPENSES by mailing the same from the U.S. Mail Box located at 5488 N.
Milwaukee Avenue
on December 30, 2004, upon the following party:
Mitchell Cohen
Environmental Bureau
Assistant Attorney General
Illinois Attorney General’s Office
188
W. Randolph, 20th Floor
Chicago, IL 60601
~
o)~I/
“
Dayi~.OrWeilf
NOTARY SEAL
SUBSCRIBED AND SWORN TO ME this______________
day ~
20
6
taiy Public
-
NOTMY
RE CE
V ED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR 252005
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.,
)
Respondents.
)
NOTICE OF FILING
PLEASE
TAKE
NOTICE
that
I have today filed
with
the Office ofthe Clerk ofthe
Pollution
Control Board the RESPONDENTS’ FIRST SET OF DOCUMENT
REQUESTS
REGARDING
ATTORNEYS’
FEES, COSTS
AND
EXPENSES,
a copy
ofwhich is hereby served upon you.
4/2:111
~2/
Davi4~~O’NèiI(
April 25, 2005
David S. O’Neill, Attorney at Law
5487 N. Milwaukee Avenue
Chicago,
IL 60630-1249
(773) 792-1333
