BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

C&F PACKING COMPANY, INC., an

Illinois corporation,

Petitioner,

V.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY and LAKE

COUNTY,

Respondents .

TO :

All counsel of record

.

PLEASE TAKE NOTICE that on the 22" d day of December 2005, we have electronically

filed with the Illinois Pollution Control Board, MOTION TO CANCEL HEARING, a copy of

which is hereby served upon you

.

Dated: December 22, 2005

Respectfully submitted,

C&F PACKING COMPANY, INC .

By :

Is/ Matthew E . Cohn

One of its Attorneys

Brett D. Heinrich

Matthew E. Cohn

MECKLER BULGER & TILSON LLP

123 N. Wacker Drive

Suite

1800

Chicago, IL 60606

Tel: (312)

474-7900

Fax: (312)

474-7898

Attorneys for Plaintiff

PCB 06-053

(Water-Variance)

NOTICE OF FILING

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE DECEMBER 22, 2005

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

C&F PACKING COMPANY, INC., an

)

Illinois corporation,

)

Petitioner,

)

PCB 06-053

v .

)

(Water-Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY and LAKE )

COUNTY,

)

Respondents

.

)

MOTION TO CANCEL HEARING

By the agreement of C&F Packing Company, Inc ., the Illinois Environmental

Protection Agency, and Lake County (the "Parties"), and as discussed during the

telephonic status hearing held on December 22, 2005 at 10 :00 a.m., the Parties move for

Hearing Officer Bradley P. Halloran and the Board to cancel the hearing in the above-

captioned matter which was to take place on January 4, 2006 at Village Hall, Council

Chambers, 118 West Cook, Libertyville, Illinois

.

Respectfully submitted,

/s/ Matthew E. Cohn

Matthew E. Cohn

Dated: December 22, 2005

Brett D. Heinrich

Matthew E. Cohn

Meckler Bulger & Tilson LLP

123 North Wacker Drive, Suite 1800

Chicago, Illinois 60606

Phone: (312) 474-7900

Fax: (312) 474-7898

brett.heinrich@mbtlaw.com

matthew.cohn@mbtlaw .com

N12333 pleading'llinois Pollution Control BoardNlotion to Cancel Hearing doc

This document has been printed on recycled paper .

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE DECEMBER 22, 2005

---

Via U.S. Mail

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, IL 60601

Via U.S. Mail

Lake County Department of Public Works

650 West Winchester Road

Libertyville, IL 60048

Via U.S. Mail

Victor Filippini, Esq

.

Holland & Knight LLC

131 South Dearborn, 30

th

Floor

Chicago, IL 60603

N:UJAbldingUllinou Pollution Conwl BoirMoicc of Filing Ol .doc

CERTIFICATE OF SERVICE

I, Matthew E. Cohn, an attorney, certify that on December 22, 2005, 1 served the

foregoing MOTION TO CANCEL HEARING by causing true and correct copies of same to

be sent as stated below :

2

Via U.S. Mail

Charles W. Gunnarson

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P. 0. Box 19276

Springfield, IL 62794-9276

Via U.S. Mail

Dan Jasica, Assistant State's Attorney

Civil Division

Office of the State's Attorney of Lake County

18 North County Street, 4`h Floor

Waukegan, IL 60085

ViaFacsimile andU.S.Mail

Bradley P. Halloran, Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center, Suite 11-500

100 West Randolph Street

Chicago, IL 60601

Fax: (312) 814-3669

Is/ Matthew E. Cohn

Matthew E. Cohn

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE DECEMBER 22, 2005