RECE~VED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
APR 25 2005
PEOPLE OF THE STATE OF ILLiNOIS,
)
Complainant,
)
STATE OF ILLINOIS
)
PCB
96-98
Pollution Control Board
)
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 INTERROGATORIES
REGARDING ATTORNEYS’ FEES., COSTS AND EXPENSES
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 Valley Asphalt Co., Inc., by
and through their attorney, David S. O’Neill, pursuant to Illinois Supreme Court Rule 213, herein
respectfully, serve upon Complainant the following interrogatories, the responses to which are
to be delivered by May
25, 2005,
to the offices of David S. O’Neill,
5487
N. Milwaukee
Avenue, Chicago, Illinois 60630-1249.
INSTRUCTIONS
1.
These interrogatories call for information (including information contained in any
Document) that is known or available to Complainant.
2.
If Complainant can not answer any interrogatory fully and completely after
exercising due diligence to secure the information necessary to do so, please so state
and answer each interrogatory to the fullest extent possible, specifying the portion of
such interrogatory that the Complainant believes it is unable to answer fully and
completely.
—1—
3.
If subsequent to the date ofthese answers, Complainant discovers or receives
additional information that is responsive to these interrogatories, please promptly
supplement these responses to reflect such additional information to the full extent
required by the Illinois Supreme Court Rules.
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 in light ofthe following definitions
regardless ofwhether the definition occurs before ofafter the use ofthe term:
A.
“Respondents” means the parties identified asRespondents in the title ofthis request.
B.
“State” means the Plaintiff, People ofthe State ofIllinois and includes each of its
departments, agencies, agents, servants, employees and experts.
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 of such person;
2.
As to document: statethe particular document (e.g. study, letter, map, etc. as
detailed below), 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, the particularfile 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 andlor making the determination, the date, time and location of
said action andlor determination and the detailed nature of that act and
identify all witnesses thereto and Related Documents.
D.
“In the possession of” means in the physical possession of, or under or subject to the
control ofor available to as a matter ofright, the person orbody named orany person
or body subject to the control or direction ofsuch person or body in regard to the
record or item named.
E.
“Relatedto, Relating to, Concerning, Pertaining to, Relevant to, or Regarding” 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,
-2-
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 (whether computergeneratedor otherwise), 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 offile 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 ofthe Party
to which this request is directed.
G.
Ifa request relates to reports, studies or like Documents, the request 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 of oral or written intercourse.
“And,
or, andlor” means and, as well as or, shall be construed either disjunctively or
conjunctively, as necessary to bring within the scope ofthis requested information
andlor Documents which might otherwise be construed to be outside its scope.
J.
“Plural/Gender” as usedherein, means any use ofthe singular shall 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 ofthe
non-gender shall include both the masculine and the feminine.
K.
“Non-Disclosure” means with respect to information which is withheld or not
disclosed asrequested pursuant hereto, due to a claim ofprivilege ornon-disclosure,
a statement shall be provided by counsel setting forth as to each such withholding or
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” means in any manner conceptually Related to questions
offact orlaw in this case regardless ofthe point in time and whether they are Related
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.
-3-
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 usedto conduct any operation of
the Respondents which is Related to the Subject Matter ofthis Case and includes,but
is not limited to, any former and/or currentplant 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 mean the Office ofthe 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 matter and will include, but is not necessarily limited to Bernard
Murphy and Mitchell Cohen.
INTERROGATORIES
Identify
the person(s) answering these interrogatories and identify any and all
persons who were consulted in formulating answers to these interrogatories.
2.
Identify any persons with knowledge related to the subject matter of the claims for
Attorneys Fees and Costs and describe in detail the subjects of which he has
knowledge.
3.
Identify any and all witnesses you may or will call at the evidentiary hearing on this
matter. For each witness, state the following:
a.
The name address and employer ofeach witness;
b.
A summary of the relevant facts within the knowledge of which said witness
will testify;
c.
A list ofall documents or photographs which any such witness relied on,
will use or which Complainant may introduce into evidence in connection
with the testimony of said witness.
4.
Identify any and all opinion witnesses that the Complainant interviewed or expects
to call at hearing:
a.
The subject matter on which the opinion witness is expected to testify as
well as to conclusions, opinions and/or expected testimony ofany such
witness;
b.
The qualification, including but not limited to, the opinion witness’s
educational background, practical experience in the area in which he is
-4-
expected to testify, any articles or paper he has written, any and all seminars
and post graduate training he has received, his experience as a teacher or
lecturer and his professional appointments and associations.;
c.
The identity ofeach document examined, considered or relied on by him to
form his opinion;
d.
All proceedings in which each opinion witness has previously testified as an
opinion witness;
e.
Any and all reports ofthe opinion witness;
5.
Identify any and all attorneys that the Complainants have retained or consulted or
expects to retain or consult in the preparation and conduct ofthis hearing:
a.
The name of the attorney;
b.
The year the attorney was admitted to the Illinois bar
c.
The attorney’s present place of employment
d.
The attorney’s former employer
e.
The portions ofthe case preparation and litigation for which the attorney
will be responsible.
6.
Describe any and all guidelines and policies that existed at the Illinois Attorney
General’s Office during the period in which hours were billed under the request for
attorneys’ fees, cots and expenses that addressed the topic ofbilling for attorneys’
fees, costs and expenses and any changes to those policies or the guidelines during
the same period.
7.
Describe any and all review procedures that exist for reviewing and authorizing
billed hours and expenses at the Illinois Attorney General’s Office.
8.
Give detailed information on any time and materials that were committed to or
exerted for the prosecution ofthis case but were not billed and included in the
request forreimbursement offees, cost and expenses and the reason that thee items
were not included.
9.
Identify any and all hours and expenses that were assigned to this case by the
attorneys but were not billed because they were contested by a supervisor reviewing
time sheets and expense statements and you were instructed not to bill these items.
10.
Identify any and all hours and expenses in any matter involving your employment at
the Illinois time sheets and expense statements.
11.
Identify both your personal policy and the policy and procedures of the Illinois
Attorney General’s Office regarding the assignment of work to staff/non-attorney
personnel or to less experienced attorney personnel.
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12.
Identify any and all work in this matter that was assigned to staff or lower billing-
rate attorney personnel.
13.
Identify all attorneys’ fees that were submitted for cost recovery in this matter that
involved work to renew, redraft, correct errors, review the work ofother attorneys,
review files, perform legal research, request extension oftime for filing, correct a
document that was not filed correctly or in a timely manner or respond to motions
by opposing counsel that were filed because the attorneys for the Illinois Attorney
General’s office had filed a document in error or after a deadline.
14.
Identify all hours billed or expenses incurred in reviewing the work of Attorney Joel
Sternstein or to respond to motions of opposing counsel contesting Mr. Sternstein’s,
your and the Attorney General’s Office ethical lapses and compliance with the
Board’s procedural rules in practicing before the Board in this matter.
15.
For all expenses related to copying, identify all pages ofdocuments that were
actually used in the presentation ofthe case at hearing and specifically referenced at
the hearing and entered into evidence at the hearing.
16.
Identify any and all attorney’s fees ever paid to any ofthe attorneys requesting
attorneys’ fees including the time period of the work, the method of maintaining
records ofthe hours worked and charged, the determination ofthe hourly rate, the
hourly rate charged, the number of hours, the client, the nature of the work, the total
amount bill and the total amount collected.
17.
Identify on the methodology used to determine the hourly rate to be used to bill the
attorneys’ hours in this matter and the name ofthe supervisory personnel who were
consulted and/or approved of the hourly rate to be charged.
18.
Identify the Illinois Attorney General’s Office policy on travel, hotel stays, hotel
selection, and other expenses incurred by the attorneys during the period of the
hearing before the Board.
19.
Identify any progress billings, periodic billing or intermediate billing that was
prepared for this case.
20.
Identify information pertaining to any review, approval and payment ofany progress
bills, periodic bills or intermediate bills submitted for approval and/or payment.
21.
Identify any budget prepared for attorneys’ fees, costs and expenses related to this
case and any information pertaining to the tracking and compliance to the budget
and any adjustments made to the budget.
22.
Identify concerning the review and approval of any budget prepared for this case,
the review ofany reports tracking compliance with the budget and the approval of
any adjustments made to the budget.
23.
For any case in which the Illinois Attorney General’s Office has previously or is
presently seeking attorneys’ fees, costs and expenses under the same legal authority
it is seeking attorneys’ fees costs and expenses in this matter, please supply the
following information:
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a.
The parties involved in the litigation;
b.
The court and jurisdiction in which the claim was filed;
c.
The file number ofthe case;
d.
The subject matter ofthe case;
e.
The violations alleged in the case;
f.
The finaljudgment against the Respondents in the case;
g.
The names of the attorneys from the Illinois Attorney General’s Office
requesting fees;
f.
The number of hours requested in fees by each attorney;
h.
The hourly rate for fees requested by each attorney;
i.
The annual salary paid to each attorney by the Illinois Attorney General’s
Office during the years in which the attorney claimed attorneys’ fees;
j.
The actual attorneys’ fees costs and expenses awarded in each case;
k.
The basis for awarding attorneys’ fees, cost and expenses different than the
amount requested in eachcase where the amounts were-different.
24.
Supply information for the period during which attorneys’ fees, cost and expenses
are being requested on the Illinois Attorney Generals’ Office for preparing,
reviewing and executing affidavits and any changes to this policy during the same
period.
25.
Supply information for the period during which attorneys’ fees, cost and expenses
are being requested on the Illinois Attorney Generals’ Office for reprimanding or
disciplining employees that prepare and execute false affidavits.
David S. O’Neill
•
On
/~Jj~~
ehaJ~fthe~e~pondents
April 25, 2005
David S. O’Neill, Attorney at Law
5487 N. Milwaukee Avenue
Chicago, Illinois 60630-1249
(773) 792-1333
-7-
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached RESPONDENTS’ FIRST
SET OF INTERROGATORIES REGARDING ATTORNEYS’ FEES, COSTS AND
EXPENSES by hand delivery on April 25, 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
IJI o)1~
D~d’d~S.O~N~ill
NOTARY SEAL
SUBSCRIBED AND SWORN TO ME this
2
~3’
day of ______________,20
~
~ww~
OFFICIAL SEAL
DENNIS R O’NEILL
N(~)FARy PUBLIC STATE OF ILLINOIS
MY COMMISSION EXPIRES 09/20/07
RECE~V~CLERK’S
OFFICE
BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD APR 252005
PEOPLE OF THE STATE OFILL1NOIS,
)
PollutIOnSTATE
OFControlILL
Board
Complainant,
))
PCB96-98
)
v.
)
Enforcement
)
)
SKOKJE 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 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’ FIRST SET OF INTERROGATORIES
REGARDING ATTORNEYS’ FEES, COSTS AND EXPENSES, a copy of which is
hereby served upon you.
D~a~i~1S. O’N~eill
April
25,
2005
David S. O’Neill, Attorney at Law
5487 N. Milwaukee Avenue
Chicago, IL 60630-1249
(773) 792-1333
