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RECEIVED

CLERKS OFFICE

NOV

142005

STATE OF ILLINOIS

Pollution Control

Board

OFFICE OF THE ATTORNEY GENERAL

STATE

OF ILLINOIS

Lisa Madigan

VUlORN El

GENERAL

November 14,

2005

Via Facsimile and

U.S. Mail

The Honorable

Dorothy Gunn

Illinois

Pollution

Control Board

James

R.

Thompson

Center, Ste.

11-500

100

West Randolph

Chicago, Illinois

60601

Re;

People

tc

MidweSt

Grain

Products of Illinois,

Inc.

PCB No. 97-179

Dear Clerk Gunn:

Enclosed for filing please

find

the original

and

five copies of a

NOTICE

OF FILING and

REQUEST FOR EXTENSION OFTIME IN WHICH TO RESPOND TO RESPONDENT’S MOTION

TO STRIKE, AND

MOTION

FOR

STAY

OF DISCOVERY SCHEDULE

in

regard to

the above-

captioned

matter.

Please file the original

and

return a file-stamped

copy to

me in

the enclosed,

self-addressed

envelope.

Thank you for your cooperation and consideration

Very truly yours,

Jane

F.

McBride

Environmental

Bureau

500 South

Second Street

Springtield,

Illinois 62706

(217)782-9031

JEM:lh

Enclosures

300 South $ccnnd

Streot, Springfield, Illinois

62706

•

(217) 782-1090

•

1IY:

(217) 785-Zfll

•

Fax:

(217) 782.7046

100

Wc~c

Randolph Street

Chksgo,

Illinois

60601

•

(312) 814-3000

•

TTY: (312)

814—3374

•

1ax

(312) 814-3806

1001

Vq~rMqin

flsrbnncIWilr.

liflonic

62qffl

•

(618) 529-6400

•

TTY; (618) 529-6403

•

Fax:

(618)

529-6416

---

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BUORE

THE

ILLINOIS

POLLUTION CONTROL

BOARECEIVED

CLERK’S OFFICE

PEOPLE

OF THE

STATE

OF

)

NOV

142005

ILLINOIS,

STATE OF ILLINOIS

Complainant,

Pollution Control Board

v.

)

PCB

NO.

97-1 79

(Enforcement)

MIDWEST GRAIN

PRODUCTS OF

ILLINOIS, INC.,

an Illinois corporation,

Respondent.

NOTICE OF FILING

To:

Patrick M.

Flachs

John

Collins

Husch

& Eppenberger

LLC

190

Carondelet Plaza,

Ste.

600

St.

Louis,

MO

63105

PLEASE TAKE

NOTICE that on this date

I sent by facsimile pursuant to the Hearing Otficer

and

also

mailed

for

filing

with

the Clerk

of

the

Pollution

Control

Board

of

the

State

of

Illinois,

REQUEST FOR EXTENSION OF TIME IN WHICH TO RESPOND TO RESPONDENT’S MOTION

TO

STRIKE,

AND

MOTION

FOR

STAY

OF

DISCOVERY

SCHEDULE,

copies

of

which

are

attached

hereto and

herewith served

upon

you.

Respectfully submitted,

PEOPLE

OF THE

STATE OF

ILLINOIS

LISA MADIGAN,

Attorney General

of the

•

State of Illinois

MATTHEW J.

DUNN, Chief

Environmental

Enforcement/Asbestos

Litigation

Division

BY:

~

~L

.-~JANEE.

McBRIDE

Assistant Attorney General

Environmental

Bureau

500 South

Second Street

Springfield,

Illinois

62706

217/782-9031

Dated:

November

14,

2005

---

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RECEIVED

•

BEFORE THE

ILLINOIS

POLLUTION

CONTROL BOARD

CLERKS OFFICE

PEOPLE OF THE STATE OF, ILLINOIS,

)

NOV

•1

42005

STATE OF ILLINOIS

Complainant,

)

PCB 97-1 79

Pollution Control

Board

(Enforcement)

V.

MIDWEST GRAIN

PRODUCTS OF

iLLINOIS, INC.

)

Respondent.

REQUEST FOR

EXTENSION

OF TIME

IN WHICH

TO RESPOND

TO RESPONDENT’S

MOTION TO STRIKE, AND

MOTION

FOR STAY OF DISCOVERY SCHEDULE

NOW

COMES

Complainant, PEOPLE OF THE

STATE OF ILLINOIS,

and respectfully

requests a two week extension

pf time in which to

respond

to Respondent’s Motion

to

Strike

and

moves for a

stay of the discovery schedule,

on the following grounds;

1.

On October 17,2005,

a settlement meeting

was held

in this matter.

At the time

of the settlement meeting,

Complainant counter-proposed and

extended a new

demand for

settlement.

2.

Complainant was

under the

impression

the

parties were concentrating

and

focusing

upon settlement and was

surprised

by the filing of

Respondent’s motion

on

November

1,2005,

3.

On

November

1,

2005,

Complainant received

a faxed

copy of Respondent’s

Motion

to Strike Complainant’s

Iriterrogatories.

4.

On

November

3, 2005

Complainant received

Respondent’s

response to

Complainant’s recent settlement demand.

5.

On

November 14,

2005,

Complainant

received an

email inquiry

from

Respondent

requesting

a

reply to

it

settlement response.

Respondent indicated

in its email that

its

request

for a response was motivated

by the approaching

pending

discovery deadline.

6.

Complainant requires additional time to both reply to

Respondent’s settlement

---

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response,

as well

as

respond to the

motion

to strike.

Counsel for

Complainant

has

been

obligated

by, other litigation

matters

and

unable

to complete Complainant’s

response

to the

motion to

strike.

Further,

Complainant needs

to complete additional

internal discussion

regarding

the

settlement proposals.

7.

Complainant,

late on

November

10,

2005,

received

Respondent’s second

amended

interrogatories.

8.

Complainant has been diligently

working

on

its

response and reply,

but the

requirement to

thoroughly exhaust internal

discussions regarding

both

the particulars

of the

motion

to strike

and the pending settlement proposal,

which entails

consultation with

multiple

layers of assigned

personnel

and

management,

in combination with the large volume of work

involved with

responding

to Respondent’s

interrogatories

now that they are

available as well as

the

press of

counsel’s other litigation

obligations,

has resulted

in a

need for additional time.

WHEREFORE,

Complainant

respectfully requests

an

extension of time

in which to

respond to

Respondent’s motion

to

strike and a stay of the pending discovery

schedule for

a

period

of two weeks.

Should

the Rearing

Officer grant Complainant’s

request,

Complainant’s

2

---

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response

shall

be

due

November

29,

2005,

and

the

new written

discovery deadline

wiU

be

December 28,

2005.

•

Respectfully submitted,

PEOPLE OF THE STATE

OF ILLINOIS

LISA MADIGAN,

Attorney General

of the

State of Illinois

MATTHEW

J.

DUNN, Chief

Environmental Enforcement/Asbestos

Litigation

Division

BY:

T~—

C~tc.cr.S2.

•

—IANE

E.

MCBRIDE

Assistant Attorney General

500

South

Second

Street

Springfield,

Illinois

62706

(217)782-9031

Dated:

November

14,

2005

3

---

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RECEIVED

•

CLERK’S OFFICE

•

N0v142005

CERTIFICATE

OF

SERVICE

STATE OF

ILUNOIS

I

hereby certify

that

I did

on

November

14,

2005,

send through facsirnile~JJ4t1qfltQ9fl~I

Board

Hearing

Office

and also

send by

First Class

Mail, with

postage thereon fully

prepaid,

by

depositing

in

a

United

States

Post Office

Box a true and

correct copy of the following

instruments entitled NOTICE

OF FILING and

REQUEST FOR

EXTENSION

OF TIME IN

WHICH

TO

RESPOND TO RESPONDENT’S

MOTION TO STRIKE, AND MOTION

FOR

STAY

OF DISCOVERY SCHEDULE

To:

Patrick M.

Flachs

John

Collins

Husch

& Eppenberger

LLC

190 Carondelet

Plaza,

Ste.

600

St. Louis,

MO

63105

Fax (314) 480-1505

and the original and

five

copies

by facsimile

and also

by

First Class

Mail with postage thereon

fully

prepaid of the

same foregoing

instrument(s):

To:

Dorothy Gunn, Clerk

Illinois

Foftution Control

Board

James R. Thompson

Center

Suite

11-500

100 West Randolph

Chicago,

Illinois 60601

Fax

(312) 814-3669

A copy was

also sent by

First Class Mail with

postage thereon fully prepaid

to:

Carol Webb

Hearing

Officer

Illinois Pollution

Control

Board

1021

North

Grand

Avenue East

Springfield,

IL 62794

Fax (217) 524-8508

~A2

.—d~fQE

E,

McBRIDE

‘~

Assistant Attorney General

This filing

is submitted

on

recycled

paper.

---

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2175247:740.

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OFFICE

OF THE ATFORNEY GENERAL

STATE

OF ILLINOIS

RECEIVED

CLERK’S OFFICE

NOV•I

42005

STATE OF IWNOIS

Pollution

Control

Board

Lisa Madigan

ATTORNEY

GENERAL

FAX

TRANSMITTALSHEET

ENVIRONMENTAL

BUREAU

-

SPRINGFIELD

FAX

NO.

(217)

524-7740

4LL?~

31~2—

8’/Y-

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j&rtc

771c~4AZ4~

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gc3I

(INCLUDING THIS PAGE)

Ci& L1O~~I

IF YOU

DO

NOT RECEIVE ANY OF THE

PAGES PROPERLY, PLEASE CONTACT

SENDER.

CALL

BACK PERSON AS

SOON

AS

POSSIBLE.

NOTES:

NOTICE: This

is a fax transmission of attorney privileged arid/or confidential

information,

It is intended only for the use ofthe individual or entity to which it

is

addressed,

If you have received this communication in

error, please noti~’

the

sender at the above telephone number

and destroy this transmittal.

Ifyou are not

the intended recipient, you

are hereby notified that any retention or dissemination

of this information is strictly prohibited.

Thank you.

500 South Second .Strcet, Springfield,

Illinois

6Z706

•

(217)

782-1090

•

vu;

(217)

7S5-2771

•

Gax~

(2l7~782-7046

LOU West R2ndofph Street,

Chicago, IllirLoi~60601

•

(3~2)

814-3000

•

iT?;

(322) 814.3~174

•

Fax:

(312)

814-3806

1001

Ea5t Main, Carhond~k,

lihinoja

62901

•

(618) 529-6400

•

TrY;

(618) 529.6403

•

Fax~

(618)

529-6416

DATE;

TO:

FAX

PHONE:

NUMBEROF

PAGES:

7