394/S VA
MM
Atty. No. 6208987
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
PEOPLE OF THE STATE OF ILLINOIS
)
CLERK’S
OFFICE
by LISA MADIGAN, Attorney General
)
o
of the State of Illinois
)
EC 052005
Complainant,
)
STATE OF ILLINOIS
PoIIutio~Control Board
V.
)
PCB96-98
)
SKONJE VALLEY ASPHALT CO., INC.,
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 of Skokie
)
Valley Asphalt Co., Inc.
)
Respondents.
)
RESPONSES OF THE RESPONDENT, EDWIN L. FREDERICK JR., TO
COMPLAINANT’S INTERROGATORIES TO RESPONDENTS REGARDING
COMPLAINANT’S FEE PETITION
NOW COMES the Respondent, EDWIN L. FREDERICK, JR., by his attorneys,
David O’Neill, P.C. and Michael B. Jawgiel, P.C., and in response to the Complainant’s
Interrogatories to Respondent regarding Complainant’s Fee Petition, states as follows:
Interrogatory #1
Identify the individual(s) answering these interrogatories on behalf ofthe
Respondents, including his relationship to the Respondents, and how long he has been
associated with the Respondents. Specify the particular interrogatories to which each
such person contributed.
Answer:
Edwin L. Frederick, with the assistance of his attorneys.
Interrogatory #2
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 each witness;
b.
A summary ofthe 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 or which Respondents may introduce into evidence in
connection with the testimony ofsaid witness.
Answer:
a. Joel J. Sternstein, 333 5. Wabash, 19-S, Chicago, Illinois 60685;
Michael C. Partee, 188 W. Randolph Street,
20th
Floor, Chicago, Illinois 60601; Mitchell
L. Cohen, 188 W. Randolph Street,
201h
Floor, Chicago, Illinois 60601 and Bernard J.
Murphy, Jr.,
125
S. Clark Street, Suite 700, Chicago, Illinois 60603.
b. These witnesses will testify on matters including, but not limited to, the
billing and time record practices and procedures at the Attorney General’s office, both in
general and as they pertain to this matter. The testimony will also address the
authenticity and the accuracy ofthe time sheets that were submitted in this matter as a
basis for billable hours, the basis for the pay rate for the attorneys that were billed in this
matter, the practices for selecting and supervising junior counsel to work on cases before
the Illinois Pollution Control Board, the witnesses knowledge of and duty to know the
procedural rules ofthe Illinois Pollution Control Board when practicing before the Board,
the Attorney General’s policy concerning the responsibility ofa supervising attorney for
either directing or allowing another assistant attorney general to knowingly and willftlly
commit ethical violations and violate procedural rules. The witnesses will also testify on
the Attorney General’s office policy and procedures to ensure against and report the
submittal of false testimony in the form of false affidavits, fraudulent time records,
duplication ofbillable hours, manufactured billing rates and other types of unethical
behavior.
c.
I have no knowledge of the information concerning the information on
which the witnesses will reply.
Interrogatory #3
Identify any and all opinion witnesses that Respondents interviewed andlor
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 andlor expected testimony of any such
witness;
b.
The qualifications, including, but not limited to, the opinion witness’
educational background, practical experience, if 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 of each 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 or not 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, inspection or testing;
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:
a. Deborah A. Stonich, 333 S. Wabash Avenue, Suite 19-5, Chicago,
Illinois 60685. The opinion witness has not completed her review ofthe materials in this
case and has not developed the scope and contents of her testimony. When these
materials are available, they will be presented to the Board and the Complainant.
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:
Objection. This interrogatory is not calculated to be to admissible
evidence at the time of the hearing. Furthermore, this interrogatory asks for irrelevant
information and violates the attorney-client privilege between the Respondent and the
Respondent’s attorneys. The Respondent has not placed his attorney’s fees or his
expenses at issue in this matter.
Interrogatory #5
For each attorney that has provide legal services to Respondents related to this
case, describe the attorney fee arrangement with Respondents and as between attorneys in
this case
(e.g.,
fiat fee arrangement, hourly billing arrangement).
Answer:
Objection. This interrogatory is not calculated to be to admissible
evidence at the time ofthe hearing. Furthermore, this interrogatory asks for irrelevant
information and violates the attorney-client privilege between the Respondent and the
Respondent’s attorneys. The Respondent has not placed his attorney’s fees or his
expenses at issue in this matter.
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:
Objection. This interrogatory is not calculated to be to admissible
evidence at the time ofthe hearing. Furthermore, this interrogatory asks for irrelevant
information and violates the attorney-client privilege between the Respondent and the
Respondent’s attorneys. The Respondent has not placed his attorney’s fees or his
expenses at issue in this matter.
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:
Objection. This interrogatory is not calculated to be to admissible
evidence at the time ofthe hearing. Furthermore, this interrogatory asks for irrelevant
information and violates the attorney-client privilege between the Respondent and the
Respondent’s attorneys. The Respondent has not placed his attorney’s fees or his
expenses at issue in this matter.
Interrogatory #8
Itemize all costs, on a daily basis, that were billed to Respondents andlor accrued
by Respondents’ attorneys related to this case.
Answer:
Objection. This interrogatory is not calculated to be to admissible
evidence at the time of the hearing. Furthermore, this interrogatory asks for irrelevant
information and violates the attorney-client privilege between the Respondent and the
Respondent’s attorneys. The Respondent has not placed his attorney’s fees or his
expenses at issue in this matter.
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:
Objection. This interrogatory is not calculated to be to admissible
evidence at the time of the hearing. Furthermore, this interrogatory asks for irrelevant
information and violates the attorney-client privilege between the Respondent and the
Respondent’s attorneys. The Respondent has not placed his attorney’s fees or his
expenses at issue in this matter.
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 of
this case.
Answer:
Objection. This interrogatory is not calculated to be to admissible
evidence at the time of the hearing. Furthermore, this interrogatory asks for irrelevant
information and violates the attorney-client privilege between the Respondent and the
Respondent’s attorneys. The Respondent has not placed his attorney’s fees or his
expenses at issue in this matter.
Interrogatory #11
Identify the 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:
Objection. This interrogatory is not calculated to be to admissible
evidence at the time of the hearing. Furthermore, this interrogatory asks for irrelevant
information and violates the attorney-client privilege between the Respondent and the
Respondent’s attorneys. The Respondent has not placed his attorney’s fees or his
expenses at issue in this matter.
STATE OF ILLNOIS
)
)
SS
COUNTY OF COOK
EDWIN L. FREDERICK, JR., being first duly sworn on oath, deposes and
states that he is a Respondent in the above-captioned matter that he has read the
foregoing document, and the answers made herein are true, correct and complete to the
best of his knowledge and belief
EDWIN
L. FREDERICK, JR.,
SUBSCRIBED and SWORN to before me this
day of_______________
,2005
NOTARY PUBLIC
David O’Neill and
Michael B. Jawgiel, P.C.
Attorneys for Respondent
5487 Milwaukee Avenue
Chicago, Illinois 60630
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01 2005 3:57PM
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STATE OF JLLThUNS
COUNTY OF
COOK
) 8$
)
EDWIN L. FRF.flBRICK, JR., being i~rstduly sworn on oath, deposes i.nd.
~taIes
that he is a Respondeiif. in
the abovo-c~$onedmatter that he baa read the
foregoing
document, and
thc
nxtewcn
made hareM are rite, correct
and
complete
to (lit
boot of his
knQwtod~cand
Iidic(.
2005
__
~
___
NOTAfl PUBLIC
(_~~_)
David
ONeIfl and
Michoel B.
Jawgiel,
PC.
Attorneys for
Respondcnt
5487 Mflwzuxkec Avenue
Chicago,
UtInoic
60630
“OFPICIALSBiAL”
COLLEEN B. PERRY
• NOTARY
PI.JSLiC,
STATE
OF
ILLINOIS
MY COMMISSION
EXPIRCS 6.18.07
SUBSCRffiED and SWORN to before mc this
CERTIFICATE OF SERVICE
I,
the undersigned, certify
that I have served the attached RESPONSE OF THE
RESPONDENT,
EDWIN
L. FREDERICK,
JR., TO COMPLAINANT’S
INTERROGATORIES
TO
RESPONDENTS REGARDING COMPLAINANT’S FEE PETITION by hand delivery on
December
5,
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
D4äS.Ot4l
NOTARY SEAL
SUBSCRIBED AND SWORN TO ME
this
day of
jj..,.
,20 oS
/
IJ4oaijTP~ubli6’
OFFICIAL SEAL
RITA
LOMBARDI
NOTARY PUBLIC. STATE OF
ILLINOIS
MY COKWISSJON EXPIRES:09/O5;07
RECEIVED
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PollutionSTATE
DEC
OFControl
052005
ILLINOISBoard
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
)
NOTICE OF FILING
PLEASE TAKE NOTICE that I have today filed
with
the Office of the Clerk of the Pollution
Control Board the RESPONSE OF THE RESPONDENT, EDWIN L. FREDERICK JR., TO.
COMPLAINANT’S INTERROGATORIES TO RESPONDENTS REGARDING
COMPLAINANT’S FEE PETITION, a copy of which is hereby served upon you.
4~i
D~1~S.O?*~fll
~
December
5,
2005
David S. O’Neill, Attorney at Law
5487 N. Milwaukee Avenue
Chicago, IL 60630-1249
(773) 792-1333
