1. VIA OVERNIGHT DELIVERY
RECE~VED
North WaterSt.
400
Genesee St., Ste. D
W
-,
Milwaukee,W1 53202-4273
Delafield,W1
5301
8-1815
eiss
FEB
1
2OOL~4i4
276-5800
(262)
646-5812
(414)
276-0458 Fax
(262) 646-3340 F’~tx
U
1
STATEOFILLINOIS
.~erzows~
Pollution Control Board
B
Debra
A~S1ater
F~
~J
LLP
Direct (414) 270-2510
das@wbb-law.com
ATTORNEYS
AT
LAW
P~p1ytoMi1waukee
February 13, 2004
VIA OVERNIGHT DELIVERY
Pollution Control Board,
Attn: Clerk
100 West Randolph Street
James R. Thompson Center, Suite
11-500
Chicago, IL
60601-3218
Re:
People of the State of
Illinois v. Aura
II, Inc.,
et
at.
Case No.
PCB 04-98
Our
File No. 5488-203
Dear Sir or Madam:
I
am
enclosing an original
and
9
copies
of:
(1)
this
letter, (2)
a Notice of Motion and
Motion to
Appear
Pro Hac Vice
on
Behalf ofAura II,
Inc., and (3)
Aura II, Inc.’s Notice
ofMotion and Motion to Stay Proceedings Against it Pending Execution and Approval of
a
Proposed
Stipulation
and
Settlement
Agreement.
As
the
Certificates
of
Service
indicate, true
and
correct
copies of these materials
have been
served upon
the
hearing
officer, the
Assistant
Attorney
General
and counsel
for
Onyx
Environmental
Services,
Inc.
Very truly yours,
Debra A. Slater
DAS/lmg
enclosures
cc:
Mr. Thomas Braier (w/enc.)
Mr. Bradley P. Halloran (w/enc.)
-
Via Fed Ex
Mr. Greig R. Seldor
(w/enc.)
-
Via Facsimile and U.S. Mail
Mr. Mitchell Feinberg (w/enc.)
-
Via Facsimile and U.S. Mail
Mr. Zemeheret Bereket-Ab
(w/encl.)
-
Via Facsimile and U.S. Mail
Mr. Michael M. Berzowski (w/encl.)
BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLiNOIS,
)
CLERK’S
OFFICE
LISA MADIGAN, Attorney General
)
FEB
172004
of the State ofIllinois,
)
STATE OF ILLINOIS
Complainant,
)
Pollution
Control Board
)
v.
)
PCB-04-98
)
(Enforcement-Multimedia)
ONYX ENVIRONMENTAL SERVICES
)
LLC, a Delaware limited
liability company,
)
and
AURA II, INC., a
)
Wisconsin corporation,
)
)
Respondents.
)
NOTICE OF MOTION
AND
MOTION
TO
APPEARPRO HAC VICE
ON BEHALF OF
AURA
II, INC.
TO:
Pollution Control Board
100 West Randolph Street
James R. Thompson Center, Suite 11-500
Chicago, Illinois
60601-3218
Pursuant
to
35
Il. Admin.
Code
§
101.400(3), Debra A. Slater and the law firm of Weiss
Berzowski Brady LLP, respectfully request pennission to
appear
pro hac vice
as counsel for the
respondent, Aura II, Inc. (“Aura”), in the captioned proceedings.
After
being duly sworn
on
oath, Debra A.
Slater offers the following in support of this
motion:
1.
I am an
attorney.
I have been licensed to
practice law
in the
State of Wisconsin
since May 24,
1983.
2.
I
am a
partner and
practice
in
the litigation
section
at Weiss
Berzowski
Brady
LLP.
CERTIFICATE OF SERVICE
It is
hereby certified that true copies ofthe foregoing notice of motion and motion were
faxed and mailed, first class,
to each ofthe following on February
13, 2004:
Greig R. Seldor
Mitchell Feinberg
Onyx Environmental Services
Chuhak & Tecson, P.C.
700 E. Butterfield, Road,
Suite 201
30 5. Wacker Drive, Suite 2600
Lombard, IL
60148
Chicago, IL
60606
Zemeheret Bereket-Ab
Assistant Attorney General
Environmental Bureau
188 W. Randolph
St.,
20th
Floor
Chicago, IL
60601
It is hereby certified that a true copy ofthe foregoing notice of motion
and motion was
served by Federal Express
—
Overnight Deliveryon the following on February 13, 2004:
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
(312) 814-8917
It is hereby certified that this notice of motion
and motion
along with 9
true copies were
served by Federal Express
—
Overnight Delivery on the following on February 13, 2004:
Pollution Control Board, Attn:
Clerk
100 West Randolph Street
James R. Thompson Center, Suite
11-500
Chicago, IL
60601-3218
Debra A. Slater
WEISS BERZOWSKI B1~ADY
LLP
700 N. Water Street, Suite 1500
Milwaukee, WI
53202
3
RECE~VED
CLERK’S OFFICE
FEB
172004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE
OF ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS,
)
Pollution
Control Board
LISA MADIGAN, Attorney General
)
of the State ofIllinois,
)
)
Complainant,
)
)
v.
)
PCB-04-98
)
(Enforcement-Multimedia)
ONYX ENVIRONMENTAL SERVICES
)
LLC, a Delaware limited liability company,
)
and AURA II,
INC., a
)
Wisconsin corporation,
)
)
Respondents.
)
AURA
II, INC.’S NOTICE
OF MOTION AND MOTION TO STAY
PROCEEDINGS AGAINST IT PENDING
EXECUTION AND
APPROVAL OF A
PROPOSED STIPULATION AND SETTLEMENT AGREEMENT
TO:
Pollution Control Board
100 West Randolph Street
James R.
Thompson Center, Suite
11-500
Chicago, Illinois
60601-32 18
Pursuant to
35
II. Admin.
Code
§
101.5 14,
the respondent, Aura II, Inc.
(“Aura”),
by its attorneys, Debra A.
Slater and Weiss
Berzowski Brady LLP, moves the Board for a
stay ofproceedings against it.
Aura seeks a stay for the following reasons:
1.
On December
18, 2003,
the Complainant filed the Complaint.
Before then,
Aura’s president, Thomas Braier, and the Complainant’s counsel, Mr. Zemeheret Bereket-
Ab, negotiated the terms of a proposed settlement agreement.
2.
On or about December
12,
2003,
Mr. Zemeheret
Bereket-Ab called Aura’s
counsel.
He
stated that
notwithstanding
the
parties’
proposed
settlement agreement
he
would
be
filing
the
Complaint.
Among
other
things,
he
also
stated
that:
(1)
Board
procedure dictated this process, (2) once the
Complaint was filed and served, the parties
could finalize their settlement agreement, (3) he was going to be out ofthe office, and (4)
he
wanted
to
notify
Aura
that
the
settlement
was
still
on
track because
it
would
be
receiving the Complaint during his
absence.
3.
On December 22,
2003, the Complainant
served the Complaint upon Aura’s
counsel
by
certified
mail.
Under 35
Ii. Admin.
Code
§
103.204(d),
Aura must file and
serve its Answer by February 20, 2004.
4.
By
letter dated January
14,
2004,
Mr. Bereket-Ab
notified
Mr. Braier that
the
Complainant had accepted
Aura’s
settlement
offer.
He
also
stated that
“shortly,
I
will draft
and circulate, for your review a draft settlement document.”
Mr.
Bereket-Ab
sent Aura’s counsel a copy ofthis letter.
5.
On
or about January
20,
2004,
Aura’s
counsel
spoke with Mr. Bereket-Ab
regarding
the settlement document.
There
is
a
critical
and specific provision
that
Aura
negotiated
in
connection
with
the
settlement.
Aura
wanted
to
make
sure
that
Mr.
Bereket-Ab
would
include
this
provision
in
the
draft
document.
There
is
also
some
language
that
Aura’s
counsel
believes
should
be
included
in
the
draft
document
and
counsel wanted to discuss this with Mr. Bereket-Ab.
6.
During
their
discussion,
Mr.
Bereket-Ab
informed
Aura’s
counsel
that
procedurally,
Aura
would
have
to
wait
to
receive
the
draft
document
from
the
Complainant.
He
further
indicated
that
Aura
should
then
include
these
provisions
in
connection with
its response to the entire draft document.
2
7.
Aura has not yet received the draft settlement agreement.
8.
On or about February
3, 2004, Aura’s counsel received the Hearing Officer
Order, which
directed the
parties to
proceed in
a telephonic status
conference with
the
hearing officer on February 26, 2004.
9.
Among
other reasons,
Aura agreed to
settle with the
Complainant in order
to avoid the costs and fees it would incur in defending itself in this proceeding.
10.
If Aura is required to file its Answer and otherwise participate in continued
proceedings
pending
negotiation
and
Board
approval
of
a
proposed
Stipulation
and
Settlement
Agreement,
it
will
be
deprived
of
one
of its
reasons
for
settling.
If this
happens, settlement may no longer be appealing to it.
11.
Accordingly,
Aura
respectfully
requests
that
the
Board
or
the
Hearing
Officer stay these proceedings
against it,
pending execution
and approval of a proposed
Stipulation and Settlement
Agreement by
a deadline
to
be
set by
the Board
or Hearing
Officer.
Respectfully submitted this /~day
of February 2004.
2~late~
WEISS
BERZOWSKI BRADY LLP,
Attorneys for Aura II, Inc.
700 N. Water Street, Suite
1500
Milwaukee, WI
53202
(414) 276-5800
(414) 270-2510
-
facsimile
3
CERTIFICATE OF
SERVICE
It is hereby certified that
true
copies ofthe foregoing notice ofmotion
and motion
were faxed and mailed, first class, to each ofthe following on February
13, 2004:
Greig R. Seldor
Mitchell Feinberg
Onyx Environmental Services
Chuhak & Tecson, P.C.
700 E. Butterfield, Road, Suite 201
30
S. Wacker Drive,
Suite 2600
Lombard, IL
60148
Chicago, IL
60606
Zemeheret Bereket-Ab
Assistant
Attorney General
Environmental Bureau
188 W. Randolph St., 20t1~~
Floor
Chicago, IL
60601
It
is hereby certified that a
true
copy ofthe foregoing notice ofmotion
and motion
was served by Federal
Express
—
Overnight
Delivery
on
the following
on
February
13,
2004:
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James
R.
Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
(312) 814-8917
It is hereby certified that this notice ofmotion and motion along with
9
true
copies
were served by Federal Express
—
Overnight Delivery
on
the following
on
February
13,
2004:
Pollution Control Board, Attn:
Clerk
100 West Randolph Street
James R.
Thompson Center, Suite
11-500
Chicago, IL
60601-3218
Debra A. Slater
~
WEISS BERZOWSKI BRADY LLP
700 N. Water Street, Suite
1500
Milwaukee, WI
53202
4

Back to top