BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
)
by LISA MADIGAN, Attorney General
)
of the State of Illinois,
)
)
Complainant,
)
)
v.
)
)
MICK MORFEY, individually, and
)
WILLIAM KNAUER, individually,
)
)
Respondents.
)
PCB No. 07-144
(Enforcement - Air)
NOTICE OF ELECTRONIC FILING
TO: SEE ATTACHED SERVICE LIST
Please take notice that on the 15th day
of November, 2007, I have caused filed with the
Office
of the Clerk of the Illinois Pollution Control Board by electronic filing the following
Complainant'sMotion Requesting Additional Time to Respond to Discovery Requests
of
Respondent Mick Morfey a true and correct copy of which is attached and hereby served upon
you.
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois
By:'-fk~~
Assistant Attorney General
Environmental Bureau
69
W. Washington St., Suite 1800
Chicago, IL 60602
(312) 814-2087
Date: November 15, 2007
Electronic Filing - Received, Clerk's Office, November 15, 2007
James Macchitelli, Esq.
Counsel for Respondent Mick Morfey
7247 W. Touhy Ave.
Chicago, IL 60631
William Knauer
9885 Prairie St.
Walker Edition
Savanna, IL 61074
Bradley Halloran
Chief Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street,
11th Floor
Chicago, IL 60601
SERVICE
LIST
Dennis Brown
Assistant Counsel
Illinois EPA, Division
of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Electronic Filing - Received, Clerk's Office, November 15, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
v.
Respondents.
Complainant,
MICK MORFEY, individually and
WILLIAM KNAUER, individually
PCB No. 07-144
(Enforcement- Air)
PEOPLE OF THE STATE OF ILLINOIS. )
by LISA MADIGAN Attorney General
)
of the State of Illinois
)
)
)
)
)
)
)
)
)
)
MOTION REQUESTING ADDITIONAL TIME TO RESPOND
TO DISCOVERY REQUESTS OF RESPONDENT MICK MORFEY
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General
ofthe State of Illinois ("People"), pursuant to Section 101.522 of
the Illinois Pollution Control Board ("Board") Procedural Regulations, 35 Ill. Adm. Code
101.522, and hereby requests additional time to respond to the discovery requests of Respondent
Mick Morfey ("Morfey") in this case. In support
of this Motion, Complainant states as follows:
1.
On September 6,2007, the Hearing Officer entered an Order requiring the
appearing parties, the People and Morfey, to submit a proposed discovery schedule by
September 14,2007.
2.
On September 17, 2007, the Hearing Officer entered an Order stating that on
September 14,2007, the People and Morfey submitted a proposed discovery schedule, which
was accepted as follows: written discovery served by October 21,2007, responses to written
discovery served by November 20,2007, depositions completed by February 11,2008, expert
witness disclosures from complainant by March 12,2008, and from respondent by April 11,
2008, and all dispositive motions filed by May 12,2008.
Electronic Filing - Received, Clerk's Office, November 15, 2007
time."
2
Electronic Filing - Received, Clerk's Office, November 15, 2007
8.
The unexpected lack of access to critical Illinois EPA personnel, potential
witnesses, and the relevant documents requested by Respondent Morfey constitutes good cause
for extending the date to respond to written discovery requests in this case. Because of the
People's lack
of access to critical Illinois EPA personnel, potential witnesses, and the People's
inability to review and copy relevant Illinois EPA documents requested by Respondent Morfey,
it is necessary, and the People respectfully request, that the due date for responses to written
discovery requests be extended as provided in Section 101.522
of the Board Procedural
Regulations, 35
Ill.
Adm. Code 101.522.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General
of the State of Illinois, requests that the Hearing Officer or the
Board extend the due date for written discovery responses in this matter to a future date for the
reasons stated herein.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
by LISA MADIGAN
Attorney General
o~
the State of Illinois
BY:~~
Assistant Attorney General
Environmental Bureau
69
W. Washington St., 18
th
Floor
Chicago, Illinois 60602
Tel: 312-814-2087
3
Electronic Filing - Received, Clerk's Office, November 15, 2007
CERTIFICATE OF SERVICE
I,
Stephen J. Sylvester, an Assistant Attorney General, do certify that a true and correct
copy of the Complainant'sMotion Requesting Additional Time to Respond to Discovery
Requests
of Respondent Mick Morfey and Notice of Filing were sent by certified mail with
return receipt requested to the persons listed on the Notice of Filing on November 15,2007.
BY:
Electronic Filing - Received, Clerk's Office, November 15, 2007
