CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
MAR 092004
PEOPLE OF THE STATE OF ILLINOIS,
PollutionSTATE OFControlILLINOIS
Board
Complainant,
PCB
No.
04-100
V.
(Enforcement
—
Air)
MARC REALTY,
INC.,
an Illinois
corporation,
11 EAST
ADAMS
L.L.C., an
Illinois limited liability company, and
ROBERTS
ENVIRONMENTAL
CONTROL, INC.,
an Illinois corporation,
Respondents.
NOTICE OF FILING
TO:
See Attached Service List.
PLEASE
TAKE
NOTICE
that on March 9, 2004, we filed with the Clerk ofthe Illinois
Pollution Control Board, an original and nine (9) copies of an
Appearance
on behalf of
Respondent, Roberts Environmental Control, Inc., and Roberts Environmental
Control
Corp.’s Motion to Vacate Any and All Technical Defaults and For an Extension of Time to
File Answer or Otherwise Plead,
copies ofwhich are served herewith.
Respectfully submitted,
ROBERTS ENVIRONMENTAL
CONTROL, INC.
By:_______
One of its Attorneys
Edward L. Filer, Esq.
Cara M. Mastrian, Esq.
FagelHaber, LLC
55
East Monroe Street, 40th Floor
Chicago, Illinois 60603
Phone: (312)
346-7500
Attorney No.: 90041
CLERK’S OFFICE
MAR 092004
CERTIFICATE OF SERVICE
STATE OF ILLINOIS
POIlujiü~Control Board
Cara M. Mastrian, an attorney, certifies that she caused a true and correct copy of the
Appearance
and
Roberts Environmental Control Corp.’s Motion to Vacate Any and All
Technical Defaults and For an Extension of Time to File Answer or Otherwise Plead
to be
served upon the parties listed on the attached Service List via hand delivery before the hour of
5:00 p.m., on this 9th day ofMarch, 2004.
CaraM.Mastrian
3 62022_I .DOC
2
SERVICE LIST
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, IL 60601
Christopher P. Perzan, Esq.
Assistant Attorney General
Environmental Bureau
188 West Randolph St., 20t~~Floor
Chicago, IL 60601
Michael J. Quinn
Seyfarth Shaw
55
East Monroe Street
Suite 4200
Chicago, IL 60603
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, IL 60601
3
~~CIE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD ~
~R 092004
PEOPLE OF THE STATE OF ILLINOIS,
POIl~tjo~
STATE
OFControlILLINOIS
Board
Complainant,
PCB
No.
04-100
V.
(Enforcement
—
Air)
MARC REALTY,
INC.,
an illinois corporation,
11 EAST
ADAMS
L.L.C.,
an Illinois limited
liability
company, and
ROBERTS
ENVIRONMENTAL CONTROL, INC., an
Illinois corporation,
Respondents.
APPEARANCE
Cara M. Mastrian and Edward L. Filer ofthe law firm of FageiHaber LLC, hereby enter
their appearance on behalf of Respondent, Roberts Environmental Control, Inc., in the above
entitled cause and as attorneys therein.
ROBERTS ENVIRONMENTAL
CONTROL, INC.
~
One of its Attorneys
Edward L. Filer, Esq.
Cara M. Mastrian, Esq.
FageiHaber, LLC
55
East Monroe Street, 40th Floor
Chicago, Illinois 60603
Phone: (312) 346-7500
Attorney No.: 90041
3 62024_I .DOC
RECE~vED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
MAR 09 004
PEOPLE OF THE STATE OF ILLINOIS,
STATE OF ILLINOIS
Pollution
Control
Board
Complainant,
PCB
No.
04-100
V.
(Enforcement
—
Air)
MARC REALTY, INC.,
an Illinois corporation,
11 EAST ADAMS L.L.C.,
an Illinois limited
liability company, and
ROBERTS
ENVIRONMENTAL CONTROL, INC.,
an
Illinois corporation,
Respondents.
ROBERTS ENVIRONMENTAL CONTROL CORP.’S MOTION TO
VACATE ANY
AND
ALL TECHNICAL DEFAULTS
AND
FOR
AN EXTENSION OF TIME TO FILE ANSWER OR OTHERWISE PLEAD
Roberts Environmental Control Corp. (“REC”), by and through is attorneys, respectfully
requests that any and all technical defaults entered against it be vacated and that it be granted an
extension oftime to file its answer or otherwise plead. In support of this motion, REC states as
follows:
1.
The complaint in this matter was filed on December 22, 2003.
2.
REC recentlyhired counsel to represent it in this matter.
3.
Counsel for REC filed its appearance contemporaneously with this motion.
4.
REC requests additional time to investigate the issues and discuss settlement with
all parties involved.
5.
On February 27, 2004, respondent, Marc Realty, Inc., was granted an extension of
time to file its answer to and including May 27, 2004.
WHEREFORE, respondent, Roberts Environmental Control Corp., respectfully requests
that any and all technical defaults entered against it be vacated, and that it be granted an
extension oftime to file its answer, or otherwise plead, to and including May 27, 2004.
Respectfully Submitted,
ROBERTS ENVIRONMENTAL CONTROL CORP.
By:______________________
One of its Attorneys
Edward L. Filer, Esq.
Cara M. Mastrian, Esq.
FageiHaber, LLC
55
East Monroe Street, 40th Floor
Chicago, Illinois 60603
Phone: (312) 346-7500
Attorney No.: 90041
362077_i .DOC
2