REC~~yED
CLERK’S OFpIC~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
LJLC
152003
PEOPLE OF THE STATE OF ILLINOIS,
)
Po//~~j
STATE
OF
Con0~
ILLINOIS
trol Boc,r
Complainant,
)
)
vs.
)
PCB
96-1
43
)
(Enforcement-Water)
MICHEI~GRAIN COMPANY, INC., a/k/a
)
MICHEL FERTILIZER, an Illinois
)
corporation, CARYLE MICHEL, and
RONNIE TODD,
)
Respondents.
NOTICE OF FILING
To:
Doug Antonik
F. William Bonan
Antonik Law Offices
Bonan and Bonan and Rowland
411
Main Street
P.O. Box 309
Mt. Vernon, IL 62864
McLeansboro, IL 62859
PLEASE TAKE NOTICE that on this date, I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, a MOTION FOR EXTENSION OF TIME AS TO 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
- .-•-•-~
Env~ronmentaI-Enforcement/Asbestos---
L~Ugati~,~vii~/
~
PHILLIP”McQUIL AN
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: December
11,
2003
CERTIFICATE OF SERVICE
I hereby certify that I did on December 11, 2003, send by First Class Mail, with postage
thereon fully prepaid, by depositing in a United States Post Office Box true and correct copies of
the following instruments entitled NOTICE OF FILING and MOTION FOR EXTENSION OF TIME
AS TO DISCOVERY SCHEDULE
To:
Doug Antonik
F. William Bonan
Antonik Law Offices
Bonan and Bonan and Rowland
411
Main Street
P.O. Box 309
Mt. Vernon, IL 62864
McLeansboro, IL 62859
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the same
foregoing instrument(s):
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
A copy was also sent by First Class Mail with postage thereon fully prepaid
To:
Carol Sudman
Hearing Officer
Pollution Control Board
1021 North Grand Avenue East
Springfield, Illinois 62702
AssistantPhillip/~4’
McQuillanAttorney~General
This filing is submitted on recycled paper
ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFICE
DEC 152003
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF ILUNOIS
)
Pollution Control
Board
Complainant,
)
)
vs,
)
PCB96-143
)
(Enforcement-Water)
MICHEL GRAIN COMPANY, INC., a/k/a
)
MICHEL FERTILIZER, an Illinois
)
corporation, CARYLE MICHEL,
RONNIE TODD, and RONNIE TODD LAND
)
TRUST,
)
Respondent.
MOTION FOR EXTENSION OF TIME AS TO
DISCOVERY SCHEDULE
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by Lisa Madigan, Attorney
General of the State of Illinois, moves for an extension of time as to the discovery schedule,
and states the following:
1.
The Hearing Officer, Carol Sudman, ordered a discovery schedule on October
21, 2003, which sets the following due dates:
Depositions completed
December
18,
2003
Requests to Admit
January 31, 2004
Responses to Request to Admit
March
1,
2004
Dispositive Motions
To be set
2. -
Complainant’s counsel has taken the discovery depositions of the following ______
persons: Marsha Bean, Mike Bean, Bruce Ellis, Chris Michel, and Jeff Moore.
3.
Marsha Bean testified that when she worked in the office for Caryle Michel that
the sales tickets and related paperwork from the Ina facility and from the Broughton facility
would be sent to the main office in Mt. Vernon for bookkeeping purposes and that after entries
were made the original documents were placed in boxes and put into storage in the attic of the
Mt. Vernon office.
4.
Chris Michel testified that as far as he knew all the records wyre still in the attic
at his place of business in Mt. Vernon.
5.
The existence of the original sales tickets was a surprise to all attorneys in this
matter.
6.
Chris Michel testified that he would make these original records available for
inspection at his place of business.
7.
One of the contested issues in this case is just what products did Caryle Michel’s
businesses at lna and Broughton sell during the relevant time period.
8.
The original sales tickets are the best evidence of what was sold at each facility.
9.
The original sales tickets would have been covered in prior discovery requests
and would have been made available for inspection by respondent if Mr. Antonik had been
aware of their existence.
10.
The examination of the original sales tickets is necessary prior to the scheduling
of any more depositions.
11.
The discovery schedule should be extended so this newly discovered evidence
can be examined and so additional witnesses can be deposed.
12.
On December 9, 2003, the undersigned had a conversation with Attorney at Law
F. William Bonan, who represents respondents Ronnie Todd and Ronnie Todd Land Trust,
wherein the undersigned explained this need for an extension of time as to the discovery
- schedule; and, Mr. Bonan stated that-he was inagreernenLwLthanextension~oLtirne~~ --
13.
On December 9, 2003, the undersigned had a conversation with Attorney at Law
Douglas A. Antonik, who represents Caryle Michel et al., wherein the undersigned explained
this need for an extension of time as to the discovery schedule; and, Mr. Antonik stated that he
was in agreement with an extension of time.
14.
According to Marsha Bean’s testimony, there may be quite a few boxes of sales
tickets to review and the review may be complicated by the fact that the tickets may be filed
according to the name of the customer rather than according to the facility from which the sale
was made, and thus, this will likely be time consuming.
15.
This motion is not made for the purpose of delay.
16.
The granting of this motion will not prejudice the parties hereto.
17.
The granting of this motion will serve the ends of justice.
Wherefore, complainant requests a ninety (90) day extension of time on the due date of
all activities listed in paragraph one herein.
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 Divis
,~
/1~
BY~
AssistantPHILLIP
McQUILAttorney1
General
Environmental Bureau
Phillip McQuillan #03122873
Assistant Attorney General
500 S. Second St.
Springfield, IL 62706
217.782.9031