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