1. DEPOSITION NOTICES TO RESPONDENTSREGARDING COMPLAINANT’S FEE PETITION
RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY
182005
STATE OF ILLINOIS
Pollution Control Board
PEOPLE
OF THE STATE OF ILLINOIS,
)
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
)
1~ESPONDENTS’
MOTION TO
STRIKE
COMPLAINANT’S INTERROGATORIES.
DOCUMENT
REQUEST AND
DEPOSITION NOTICES TO RESPONDENTS
REGARDING COMPLAINANT’S FEE PETITION
The Respondents, 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 ofSkokie Valley Asphalt Co.,
Inc.,, by and through
its attorney, David S. O’Neill, herein move this Board to strike the
Complainant’s Interrogatories, Document Requests and
Deposition Notices to Respondents
Regarding Complainant’s Fee Petition that was filed with the Board on April
25,
2005
and in
support thereof states as follows:
1.
On April 7, 2005, the Board issued an Order in the above captioned matter.
In this Order,
the Board granted the Respondents’
motion for extension oftime to allow for limited
discovery.
2.
The Order specifically states that “the Board will grant the respondents additional time in
1
order to conduct discovery...” Order ofApril 7, 2005 at 3.
In the Conclusion ofthe
Order, the Board “grants respondents’
motion for extension oftime and authorizes
respondents to
conduct discovery on the attorney fees issue”.
Id at 4.
3.
At no point in the Order ofApril 7, 2005 did the Board grant the Complainant additional
time to
conduct discovery.
4.
There have three separate discovery schedules for this matter and the Respondents have
responded fully to all previous request. for discovery served upon the Respondents and
the deposition ofthe Respondents have beentaken.
5.
On April
25,
2005, the Complainants filedwith the Board and served upon the
Complainants’ attorney a “Complainant’s Interrogatories, Document Requests and
Deposition Notice to Respondents Regarding Complainant’s Fee Petition”.
6.
The Complainant has not been authorized to conduct discovery and has no legal basis
for
which to
do so.
7.
The Respondents have no
legal obligation to respond to
Complainant’s discovery and do
not
desire to do
so on a voluntary basis.
Wherefore, the Respondents respectfully request that the Board strike the Complainant’s
Interrogatories, Document Requests and Deposition Notices to Respondent Regarding
Complainant’s Fee Petition.
D~id S. O~ill
-“
David S. O’Neill, Attorney at Law
5487
N. Milwaukee Avenue
Chicago, Illinois 60630-1249
(773) 792-1333
2
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached RESPONDENTS’ MOTION TO
STRIKE COMPLAINANT’S INTERROGATORIES, DOCUMENT REQUEST AND
DEPOSITION NOTICES TO RESPONDENTS REGARDING COMPLAINANT’S FEE
PETITION by hand delivery on May 18, 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
D,acid S. O’N~ill
NOTARY SEAL
SUBSCRIBED AND SWORN TO ME this_____________
day of _______________,20
~
RECE~VE~
CLERK’S OFFICE
MAY
182005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
Pollution Control Board
PEOPLE
OF THE STATE OF ILLINOIS,
)
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 COMPLAINANT’S
INTERROGATORIES, DOCUMENT REQUEST AND DEPOSITION NOTICES TO
RESPONDENTS REGARDING COMPLAINANT’S FEE PETITION, a copy ofwhich is hereby
served upon you.
/
David’S. O’Neill
May
18,
2005
David S. O’Neill, Attorney at Law
5487N. Milwaukee Avenue
Chicago, IL 60630-1249
(773) 792-1333

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