THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JOHN AND LINDA MARACIC, )
)
Complainant, )
)
v. ) PCB No. 05-212
) (Enforcement – Noise)
TNT LOGISTICS NORTH AMERICA )
INC.,
)
)
Respondent. )
NOTICE OF FILING
TO: Ms. Dorothy M. Gunn Bradley P. Halloran, Esq.
Clerk of the Board Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
100 West Randolph Street
100 West Randolph Street
Suite 11-500 Suite 11-500
Chicago, Illinois 60601
Chicago, Illinois 60601
(VIA ELECTRONIC MAIL)
(VIA FIRST CLASS MAIL)
(PERSONS ON ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
the Illinois Pollution Control Board Respondent, TNT Logistics North America, Inc.’s
RESPONSE TO COMPLAINANTS’ DISCOVERY SCHEDULE REVISION
, a
copy of which is herewith served upon you.
Respectfully submitted,
TNT LOGISTICS NORTH AMERICA INC.,
Respondent,
By: /s/Thomas G. Safley
Dated: December 20, 2005 One of Its Attorneys
Edward W. Dwyer
Thomas G. Safley
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
CERTIFICATE OF SERVICE
I, Thomas G. Safley, the undersigned, hereby certify that I have served the
attached RESPONSE TO COMPLAINANTS’ DISCOVERY SCHEDULE REVISION
upon:
Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
via electronic mail on December 20, 2005; and upon:
Bradley P. Halloran, Esq.
Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Mr. John Maracic
Mrs. Linda Maracic
2850 South Ridgeland Avenue
Monee, Illinois 60449
by depositing said documents in the United States Mail, postage prepaid, in Springfield,
Illinois on December 20, 2005.
/s/Thomas G. Safley
Thomas G. Safley
TNTL:002/Fil/Maracic/NOF-COS – Response to Discovery Schedule Revision
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JOHN AND LINDA MARACIC, )
)
Complainants, )
)
v. ) PCB No. 05-212
) (Enforcement – Noise)
TNT LOGISTICS NORTH AMERICA )
INC.,
)
)
Respondent. )
RESPONSE TO COMPLAINANTS’ DISCOVERY SCHEDULE REVISION
NOW COMES Respondent, TNT LOGISTICS NORTH AMERICA INC.
(“TNT”), by its attorneys, HODGE DWYER ZEMAN, and for its Response to
Complainants’ Discovery Schedule Revision, states as follows:
1. On December 19, 2005, the undersigned received Complainants’
Discovery Schedule Revision, a copy of which is attached hereto as Exhibit A.
2. This filing contains what appears to be a typographical error, stating:
“This cause comes before the Hearing Officer on submission by the parties of a joint
proposed Discovery Schedule.” Exhibit A. (Emphasis added.)
3. TNT does not agree to the discovery deadlines proposed by Complainants
in their Discovery Schedule Revision.
4. Rather, as stated in TNT’s Motion for Entry of Respondent’s Proposed
Discovery Schedule, filed on December 16, 2005, TNT and Complainants have not
reached an agreement on proposed discovery deadlines or filed a “joint proposed
Discovery Schedule.” See id. at ¶3.
5. Thus, TNT’s Motion for Entry of Respondent’s Proposed Discovery
Schedule moved the Hearing Officer to enter TNT’s proposed Discovery Schedule filed
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
2
therewith, which Discovery Schedule includes different deadlines than those proposed by
Complainants.
WHEREFORE, Respondent, TNT LOGISTICS NORTH AMERICA INC.,
respectfully moves the Hearing Officer to enter TNT’s proposed Discovery Schedule
filed on December 16, 2005, and not Complainants’ Discovery Schedule Revision, and to
grant TNT all other relief just and proper in the premises.
Respectfully submitted,
TNT LOGISTICS NORTH AMERICA INC.,
Respondent,
By: /s/Thomas G. Safley
One of Its Attorneys
Dated: December 20, 2005
Edward W. Dwyer
Thomas G. Safley
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
TNTL:002/Fil/Maracic/Response to Discovery Schedule Revision
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
John &
Compliant
V/s
TNT Logistics North America
Inc.
Respondent
DISCOVERY SCHEDULE REVISION
PCB No. 05-212
This cause comes before the Hearing Officer on submission by the parties of a joint
proposed Discovery Schedule. Having considered the foregoing, & being duly advised
the Hearing Officer now finds that such Discovery Schedule should be
accordingly, hereby enters the following Discovery Schedule in this matter:
February 1, 2006
All written discovery served & answered.
Compliants' opinion witnesses) & their opinions
disclosed.
April 15, 2006
Respondent's opinion witnesses) & their opinions
disclosed.
May 1, 2006
May 1., 2006
Close of all discovery.
Dated:
Hearing Officer:
mplainants; counsel for Respondent
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
