ILLINOIS POLLUTION CONTROL BOARD
March
19,
1987
KENNETH
MCNEIL AND
)
LIBBY MCNEIL,
Complainants,
)
v.
)
PCB 86—44
CONTINENTAL GRAIN COMPANY,
)
Respondent.
ORDER OF THE BOARD
(by
R.
C.
Flemal):
On January 23,
1987,
Respondent Continental Grain Company
(“Continental”)
filed
a motion
to dismiss
this matter.
Continental
alleges that Complainants Kenneth McNeil
and Libby
McNeil
(“McNeils”) have refused
to comply with Orders of the
Board and Hearing Officer
to respond
to discovery.
The Board entered an Order
on February 19,
1987,
which
gave
the McNeils until March
13,
1987,
to show cause as
to why this
matter should
not be dismissed.
The McNeils submitted
a letter
to the Board on March 13,
1987 which,
inter
alia, outlined the
evidence they intend
to present at hearing
and gave the name
of
the attorney the Complainants have obtained
to represent them
in
this case.
The gist
of the McNeils’ March
13 filing
is that they
continue
to desire that the allegations
found
in their complaint
be
adjudicated.
However, their
March 13 submittal
is not
responsive
to the question of why they have not complied with
previous Board
and Hearing Officer Orders directing them
to
respond
to Continental’sMay 19,
1986, discovery requests.
The
Complainants must respond
to the Interrogatories and Request for
Production of Documents
filed on that date,
and only after such
response can
this matter proceed
to hearing.
In the realization that the McNeils may not have fully
understood
the Board’s February 19,
1987 Order,
the Board will
allow the Complainants until April
10
to respond
to Continental’s
May
19,
1986,
Interrogatories to Complainants and Request for
Production of Documents.
If Complainants
fail to make such
response within
the time stated, this matter will be dismissed..
76-300
IT
IS SO ORDERED.
I,
Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was
adopted on the
/9~-
day of
72~~e~~_,&.-
,
1987,
by
a vote
of_
(~-o
.
(/
~
‘~-~L~
2?.
Dorothy
M.
Gtthn,
Clerk
Illinois Pollution Control Board
76-301