ILLINOIS POLLUTION CONTROL BOARD
    August 28,
    1986
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    )
    Complainant,
    v.
    )
    PCB 79—145
    )
    THE CELOTEX CORPORATION
    )
    and PHILIP CAREY COMPANY,
    )
    )
    Respondents.
    ORDER OF THE BOARD
    (by J. Anderson):
    On August 13, 1986, Celotex filed
    a motion for additional
    sanctions against
    the Agency relating
    to an August 12, 1986
    letter which announced the cancellation
    of a long—scheduled
    August
    15, 1986 deposition of an Agency employee.
    The letter
    stated that the witnesst
    “wife
    is expecting to have a child
    shortly” and that “therefore
    emergency circumstances” would
    prevent the taking of the deposition.
    In its August 18, 1986
    response
    in opposition,
    the Agency stated that the employee’s
    deposition had in fact been taken on August 15.
    On August 20, Celotex filed
    a
    reply,
    leave
    to file which
    is
    hereby granted.
    Celotex acknowledges that the Agency deponent
    was produced,
    but nonetheless
    seeks sanctions.
    Celotex objects
    to the fact that at the deposition,
    the witness was instructed by
    counsel not
    to answer questions relating
    to the circumstances
    surrounding
    the aborted cancellation,
    and seeks to have portions
    of the Agency’s objection stricken for this reason.
    Celotex
    further objects
    to having been forced
    “to file
    a motion for
    sanctions in order
    to have
    a deponent appear
    for
    a deposition
    ordered previously and agreed to by Complainant”.
    The sanction
    sought
    is the stricking of the balance of the complaint and
    assessment of fees and costs for preparation of the motion for
    sanctions.
    Celotex’ motions
    to strike and for sanctions are denied.
    Finally, ruling
    is temporarily reserved on the two other
    Celotex motions which were filed
    on August 20.
    IT
    IS SO ORDERED.
    72-74
    —2—
    I, Dorothy
    M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify ~.~iatthe above Order was adopted on
    the
    ‘~Y~
    day of
    ___________________,
    1986 by
    a vote of
    ~-~7
    Dorothy M.
    G~inn,Clerk
    Illinois Pollution Control Board
    72-75

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