BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
RECEIVE
ILLINOIS,
)
CLEmcSOFF,cED
Complainant,
)
Nov
1?
2005
v.
)
PCB NO. 97-179
pollution contr~j~Sd
(Enforcement)
MIDWEST GRAIN PRODUCTS OF
ILLINOIS, INC., an Illinois corporation,
)
Respondent.
)
NOTICE OF FILING
To:
Patrick M. Flachs
John Collins
Husch
&
Eppenberger LLC
190 Carondelet Plaza, Ste. 600
St. Louis, MO 63105
PLEASE TAKE NOTICE that on this date I sent by facsimile pursuant to the Hearin~Officer
and also mailed for filing with the Clerk of the Pollution Control Board of the State of Illinois,
REQUEST FOR EXTENSION OF TIME IN WHICHTO RESPOND TO RESPONDENT’S MOTION
TO STRIKE, AND MOTION FOR STAY OF 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
Environmental Enforcement/Asbestos
Litigation Division
BY: ~
tE
,..—JANE E. McBRIDE
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: November 14, 2005
CERTIFICATE OF SERVICE
I hereby certify that I did on November 14, 2005, send through facsimile pursuant to the
Hearing Office and also send by First Class Mail, with postage thereon fully prepaid, by
depositing in a United States Post Office Box a true and correct copy of the following
instruments entitled NOTICE OF FILING and REQUEST FOR EXTENSION OF TIME IN
WHICH TO RESPOND TO RESPONDENT’S MOTION TO STRIKE, AND MOTION FOR STAY
OF DISCOVERY SCHEDULE
To:
Patrick M. Flachs
John Collins
Husch & Eppenberger LLC
190 Carondetet Plaza, Ste. 600
St. Louis, MO 63105
Fax (314) 480-1505
and the original and five copies by facsimile and also 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
Fax (312) 814-3669
A copy was also sent by First Class Mail with postage thereon fully prepaid to:
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Springfield, IL 62794
Fax (217)524-8508
~McBRDE~~~
—
Assistant Attorney General
This filing is submitted on recycled paper.
1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
PEOPLE OF THE STATE OF ILLINOIS,
)
CLERK’S OFFICE
Complainant,
)
PCB 97-1 79
(Enforcement)
STATE OF ILUNUIb
)
?nhlutinn Contj~jBoat
)
MIDWEST GRAIN PRODUCTS OF
ILLINOIS, INC.
)
Respondent.
REQUEST FOR EXTENSION OF TIME IN WHICH TO RESPOND
TO RESPONDENT’S MOTION TO STRIKE, AND
MOT!ON FOR STAY OF DISCOVERY SCHEDULE
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, and respectfully
requests a two week extension of time in which to respond to Respondent’s Motion to Strike
and moves for a stay of the discovery schedule, on the following grounds:
1.
On October 17, 2005, a settlement meeting was held in this matter. At the time
of the settlement meeting, Complainant counter-proposed and extended a new demand for
settlement.
2.
Complainant was under the impression the parties were concentrating and
focusing upon settlement and was surprised by the filing of Respondent’s motionon November
1,2005.
3.
On November 1, 2005, Complainant received a faxed copy of Respondent’s
Motion to Strike Complainant’s Interrogatories,
4.
On November 3, 2005, Complainant received Respondent’s response to
Complainant’s recent settlement demand.
5.
On November 14, 2005, Complainant received an email inquiry from Respondent
requesting a reply to it settlement response. Respondent indicated in its email that its request
for a response was motivated by the approaching pending discovery deadline.
6.
Complainant requires additional time to both reply to Respondent’s settlement
response, as well as respond to the motion to strike. Counsel for Complainant has been
obligated by other litigation matters and unable to complete Complainant’s response to the
motion to strike. Further, Complainant needs to complete additional internal discussion
regarding the settlement proposals.
7.
Complainant, late on November 10, 2005, received Respondent’s second
amended interrogatories.
8.
Complainant has been diligently working on its response and reply, but the
requirement to thoroughly exhaust internal discussions regarding both the particulars of the
motion to strike and the pending settlement proposal, which entails consultation with multiple
layers of assigned personnel and management, in combination with the large volume of work
involved with responding to Respondent’s interrogatories now that they are available as well as
the press of counsel’s other litigation obligations, has resulted in a need for additional time.
WHEREFORE, Complainant respectfully requests an extension of time in which to
respond to Respondent’s motion to strike and a stay of the pending discovery schedule for a
period of two weeks. Should the Hearing Officer grant Complainant’s request, Complainant’s
2
response shall be due November 29, 2005, and the new written discovery deadline will be
December 28, 2005.
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 Division
BY:
-
C
—‘IANE E. MCBRIDE
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
Dated: November 14, 2005
3