ILLINOIS POLLUTION CONTROL BOARD
June 2, 1994
ANGELA M. WHITE,
)
)
Complainant,
)
v
)
PCB 94—150
)
(Enforcement)
TERRY & BILLIE
VAN
TINE &
)
SCHNEIDER NATIONAL
)
TRANS. INC.,
)
Respondents.
ORDER OF THE BOARD (by E. Dunham):
This matter comes before the Board on a motion for extension
of time filed by Terry & Billie Van Tine (Van Tines) on Nay 16,
1994. The motion seeks an extension until June 8, 1994 in which
to respond to the complaint. The attorney for the Van Tines
requests an extension as he is unable to adequately review,
investigate and/or otherwise respond to the complaint due to
commitments on pending matters in other cases.
On May 25, 1994, the complainant filed a response to the
motion.’ The complaint contends that the motion for extension of
time should be denied as respondents were provided sufficient
notice of the allegations of the complaint and the request for
extension of time is merely a delay tactic. The motion for
extension of time states that the motion is not made for the
purpose of delay and that the parties will not be unduly
prejudiced by the grant of an extension.
The Board does not believe that an extension at this point
will create a substantial delay in the completion of this matter.
The Board grants the motion for extension of time and allows the
Van Tines until June 8, 1994 to file a response to the complaint.
Also before the Board is a motion to dismiss filed on May
20, 1994, by Schneider National Transportation. The Board will
postpone ruling on the motion to dismiss until after the time
granted for the Van Tines to file a response to the complaint.
IT IS SO ORDERED.
The Board notes that the certificate of service attached to
the response was not notarized.
2
1, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify t~atthe above order was adopted on the
~2’~’
day of
J~r~
,
1994, by a vote of
~‘
Il
Control Board