RECEliVED~
CLERK’S OFfl~
BEFORE
CONTROL BOARD
SEP 112003
STATE OF ILLINOIS
Pollution Control Board
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
V.
PCB 99-134
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PEABODY COAL COMPANY, a Delaware
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corporation,
)
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Respondent.
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JOINT MOTION FOR DEFINITE AND LIMITED STAY OF PROCEEDINGS
Complainant, People of the State of Illinois (“People”) and Respondent, Peabody Coal
Company (“PCC”), hereby move the Board for a stay of all proceedings in this matter for a
period of time to and including December 1, 2003, so that the parties may concentrate on efforts
to settle this case, and in support ofthis motion state as follows:
1. Since active litigation of this case resumed in January 2001, the parties have
developed a great deal of information regarding the issues raised by the People’s claims against
PCC
and PCC’s defenses thereto, both through the substantial amount of formal discovery
conducted by both parties and through the parties’ informal exchanges of additional information.
Furthermore, the parties have engaged in serious discussions regarding the information that has
been developed, its significance in connection with the issues presented in this case, and their
views regarding the merits ofthe People’s claims and PCC’ s defenses.
2. Moreover, the parties have engaged in serious discussions regarding possible terms of
a settlement of this case over the past several months and now agree that this case has developed
to the point that there is a substantial possibility that the parties can resolve the case (or at least
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certain major, significant aspects of it) at this time by agreement. However, there are some
further exchanges of information and discussions that must take place in order for the parties’
settlement discussions to lead to settlement.
3. Under the scheduling order that is currently in effect in this case, the parties must
devote substantial amounts of time in the immediate future to completing discovery relating to
expert witnesses. Furthermore, Respondent contends that the discovery that the parties have
carried out to date suggests the need for substantial additional discovery designed to elicit factual
information relevant to the issues presented in this case. Moreover, the parties are presently
involved in a major discovery dispute that involves competing motions now pending before the
Board for resolution by its presiding Hearing Officer. Additionally, Complainant states that it
continues to be involved in substantial production responsive to existing requests.
4. Under these circumstances, the parties agree that it would be in the best interests of
both the parties and the Board for the parties to focus their efforts and resources at this time on
settlement efforts, rather than discovery activities. However, the parties agree that this should
not be an open-ended process and that the parties also should be able to determine by the end of
November whether (and, if so, to what extent) their settlement efforts have succeeded.
Accordingly, the parties agree that it would be appropriate and just for the Board to stay all
proceedings in this case for the definite and limited period of time ending December 1, 2003 in
order to afford the parties an opportunity to devote their efforts relating to this case to the goal of
achieving settlement.
5.
For the reasons stated above, the People and PCC respectfully request the Board to
grant this Motion, to stay all proceedings in this case for a period of time ending December 1,
2003, and to grant them all further appropriate relief.
KC-1117318-1~
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General of the State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement Division
Date:
_________
By:
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Jane1~McBride
Environmental Bureau
Assistant Attorney General
500 South 2nd Street
Springfield, Illinois 62706
Phone: (217) 782--9031
Fax: (217) 524-7740
E-mail: jmcbride@atg.state.il.us
ATTORNEY FOR COMPLAINANT
PEABODY COAL COMPANY
By its attorneys:
Date:~17~
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W. C. Blanton
BLACKWELL SANDERS P PER MARTIN LLP
Two Pershing Square, Suite 1000
2300 Main Street
Post Office Box 419777
Kansas City, Missouri 64141-6777
(816) 983-8000 (phone)
(816) 983-8080 (fax)
wblanton blackwellsanders.co (e-mail)
Date:
~~enFedinge~
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HEDINGER LAW OFFICE
2601 South Fifth Street
Springfield, IL 62703
(217) 523-2753 (phone)
(217) 523-4366 (fax)
hedinger@cityscape.net (e-mail)
ATTORNEYS FOR RESPONDENT
KC-1117318-1~
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NOTICE OF FILING AND PROOF OF SERVICE
To:
Jane E. McBride
Environmental Bureau
Attorney General’s Office
500 S. Second St.
Springfield, IL 62706
W.C. Blanton
Blackwell Sanders Peper Martin LLP
Two Pershing Square
2300 Main St., Suite 1000
Kansas City, MO 64108
Bradley Halloran, Hearing Officer
Illinois Pollution Control Board
100 W. Randolph St.
James R. Thompson Center
Suite 11-500
Chicago, IL 60601-3218
David Joest
Peabody Coal Company
1951 Barrett Court
P.O. Box 1990
Henderson, KY 42419-1990
PLEASE TAKE NOTICE that on the~3~’day of September, 2003, we sent to the Clerk
ofthe Pollution Control Board the original and 3 copies ofthe Joint Motion for Definite and
Limited Stay of Proceedings for filing in the above entitled cause.
The undersigned certifies that a true and correct copy of the above-described document
was served upon the above-identified individuals via U.S. mail by enclosing the same in
envelopes properly addressed, with postage fully prepaid, and by de
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ositing said envelopes in a
U.S. Post Office mail box, on ~
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
(217) 523-2753 phone
(217) 523-4366 fax
THIS FILING IS SUBMITI’ED ON RECYCLED PAPER
CLERK’S OFRCE
RECEIVED
SEP 112003
BEFORE THE ILLINOIS POLLUTION CONTROL BOA1~ThTE
OF ILLINOIS
Pollution Control Board
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
PCB 99-134
PEABODY COAL COMPANY, a Delaware)
corporation,
Respondent.
KC-1117318-1~