~,‘
~IVED
~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OCT 31 2003
PEOPLE OF THE STATE OF ILLiNOIS,
)
Complainant,
STATE OF IWNO1S
)
Pollution Control Board
)
)
)
)
SAINT-GOBAIN CONTAINERS, INC.,
)
a Delaware corporation,
Respondent.
)
NOTICE
OF FILING
TO:
Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA FIRST CLASS MAIL)
Carol Sudman, Esq.
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois 62794-9274
(VIA FIRST CLASS MAIL)
(SEE PERSONS ON
ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that I have today served on the Office of the Clerk of
the Illinois Pollution Control Board an original and nine copies of SAINT-GOBAIIN
CONTAINERS, INC.’S MOTION FOR PROTECTIVE ORDER; and AFFIDAVIT OF
WRAY C. HISER.
Respectfully submitted,
SAINT-GOBAIN CONTAINERS, INC.,
Respondent,
Dated: October 29, 2003
N. LaDonna Driver
David M. Walter
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
By:
David M. Walter
V.
PCB No. 03-22
(Enforcement)
)
)
THIS FILING SUBMITTED ON RECYCLED PAPER
CERTIFICATE OF SERVICE
I,
David
M.
Walter, the undersigned, hereby certif~’that I have served the attached
SA1NT-GOBAIN CONTAINERS, INC.’S MOTION FOR PROTECTIVE ORDER and a
copy ofan AFFIDAVIT OF WRAY C. HISER upon:
Delbert D. Haschemeyer, Esq.
Assistant Attorney General
Office of the Attorney General
500 South Second Street
Springfield, Illinois 62706
Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Carol Sudman, Esq.
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois 62794-9274
by depositing said documents in the United States Mail, postage prepaid, in Springfield,
Illinois on October 29, 2003.
x~77~
David M. Walter
SGCO:OO1/Fil/NOF-COS —Motion for Protective Order & Affidavit
RECEiVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK~SQFFICE
PEOPLE OF THE STATE OF ILLINOIS, )
OCT 312003
)
STATE OF ILLINOIS
Complainant,
)
Pollution Control Board
v.
)
PCBNo.03-22
)
(Enforcement)
SAINT-GOBAIN CONTAINERS, INC.,
)
a Delaware corporation,
)
)
Respondent.
)
SAINT-GOBAIN CONTAINERS, INC.’S MOTION FOR PROTECTIVE ORDER
NOW COMES the Respondent SAJNT-GOBAIN CONTAINERS, INC.
(hereinafter “Saint-Gobain” or “Respondent”), by and through its attorneys, HODGE
DWYER ZEMAN, and pursuant to Sections 101.502(a) and 101.614 ofthe Illinois
Pollution Control Board’s (“Board”) procedural rules (35 Ill. Admin. Code §~101.502(a)
and 101.614), hereby requests that the Hearing Officer enter an order to protect certain
materials from disclosure pursuant to Section 7 of the Illinois Environmental Protection
Act (415 ILCS 5/7) and Part 130 ofthe Board’s regulations (35 Ill. Admin. Code Part
130).
1.
Saint-Gobain’s responses to Complainant’s Supplemental Requests for
Production in this matter were due October 13, 2003.
2.
Saint-Gobain produced for inspection by Complainant numerous
documents in response to Complainant’s Supplemental Requests for Production.
3.
These documents include confidential financial reports and confidential
glass manufacturing operation logs, the disclosure of which to certain persons or entities
outside such litigation would harm Saint-Gobain’s business.
1
4.
Section 101.6 14 ofthe Board’s procedural rules provides, in pertinent
part, as follows:
***
The hearing officer will deny, limit or condition the production of
information when necessary to prevent undue delay, undue expense, or
harassment, or to protect materials from disclosure consistent with Section
7 and 7.1 ofthe Act and 35 Ill. Adm. Code 130.
35 Ill. Admin. Code § 101.614.
5.
“There is ample precedent for the entry ofa protective order preventing
dissemination of sensitive discoverable materials to third parties or for purposes unrelated
to the lawsuit.” May Centers. Inc. v. S.G. Adams Printing & Stationery Co., 153 Ill. App.
3d 1018, 1021, 506 N.E.2d 691, 694 (5th Dist; 1987). (Citations omitted.)
6.
In light ofthe above, and in order to prevent disclosure of said confidential
documents to the unreasonable disadvantage of Saint-Gobain, Saint-Gobain hereby
moves the Hearing Officer enter the Protective Order attached hereto as Exhibit A.
7.
This Protective Order does not limit the documents that Saint-Gobain has
produced in response to Complainant’s Supplemental Requests for Production, nor does
it limit in any way Complainant right to use said documents in this litigation against
Saint-Gobain filed before the Board; rather, this Protective Order simply governs the
disclosure of documents produced by Saint-Gobain to persons and entities outside such
litigation, so as to avoid prejudice to Saint-Gobain.
8.
Counsel for Saint-Gobain has contacted counsel for the Complainant
regarding this Motion, and has allowed counsel for Complainant to examine the
documents, but the Complainant has indicated that it will not agree to the entry ofany
Agreed Protective Order.
2
9.
Saint-Gobain does not make this Motion for purposes ofdelay or for any
other improper purpose, but rather for the reasons stated above.
WHEREFORE, for the above and foregoing reasons, Defendant SAINT-
GOBAIN CONTAINERS, INC. hereby moves the Hearing Officer to enterthe Protective
Order attached hereto as Exhibit A.
Respectfully submitted,
SAINT-GOBAIN CONTAINERS, INC.,
Respondent,
By:___________
David M. Walter
Dated: October 29, 2003
N. LaDonna Driver
David M. Walter
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
SGCO:OO1/FilfMotion for Protective Order
3
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
)
Complainant,
)
)
v.
)
PCB No. 03-22
)
(Enforcement)
SAINT-GOBAIN CONTAINERS, INC.,
)
a Delaware corporation,
)
)
Respondent.
)
PROTECTIVE ORDER
This cause comes before the Hearing Officer on Respondent SAINT-GOBAIN
CONTAINERS, INC.’S (“Saint-Gobain”) Motion for Protective Order. Having
considered the forgoing, and being duly advised, the Hearing Officer hereby finds that
said Motion should be GRANTED.
It is, therefore, ORDERED that documents produced by Saint-Gobain in response
to Complainant’s Supplemental Requests for Production in this matter are subject to the
following Protective Order:
1.
Any and all documents that Saint-Gobain produces in response to
Complainant’s Supplemental Request for Production in this matter, and that Saint-Gobain
marks “CONFIDENTIAL: NON-DISCLOSABLE INFORMATION” or “TRADE
SECRET” shall be considered “Saint-Gobain Non-Disclosable Information” for purposes
ofthis Order.
2.
Any and all confidential financial reports that Saint-Gobain produces in
response to Complainant’s Supplemental Request for Production in this matter, and that
Saint-Gobain marks “CONFIDENTIAL: NON-DISCLOSABLE INFORMATION” shall
be made available to the Complainant for review, but shall not be copied, in whole or in
part, by the Complainant without further Order from the Hearing Officer.
3.
Complainant and any other party in this case against Saint-Gobain filed
before this Board, that receives any Saint-Gobain Non-Disciosable Information pursuant
to Saint-Gobain’s response to Complainant’s Supplemental Requests for Production in
this matter, or otherwise:
(a)
shall use such documents only for litigation or settlement of this
matter;
(b)
shall store such documents in a mannerthat will prevent the
disclosure of such documents to any person or entity that is not a
party to this matter, or to any attorney, employee, or other agent of
such person or entity;
(c)
shall not disclose such documents to any person or entity that is not
a party to this matter, or to any attorney, employee, or other agent
ofsuch person or entity, unless:
(i)
a Court ofcompetentjurisdiction has ordered such
disclosure, or Saint-Gobain has first expressly agreed to
such disclosure in writing; and,
(ii)
the person or entity to whom the documents are to be
disclosed has first expressly agreed in writing to be bound
by the terms ofthis Protective Order;
(d)
shall not submit such documents to this Board in support ofa
Motion or otherwise except under seal;
(e)
shall not present such documents as evidence at the Hearing ofthis
matter or ofany future case against Saint-Gobain filedbefore this
Board without:
(i)
prior notice to Saint-Gobain’s counsel; and
(ii)
consultation with Saint-Gobain’s counsel and the Hearing
Officer regarding how the documents at issue can be used
as evidence at Hearing while preventing the disclosure of
such documents to persons or entities that are not parties to
this litigation; and,
2
(f)
shall immediately notif~’counsel for Saint-Gobain, in writing, of
any subpoena from or request by any person or entity that is not a
party to this matter seeking, or Order by a Court ordering or
regarding, the disclosure of such documents.
4.
This order does not limit Complainants’ right to disclose Saint-Gobain
Non-Disclosable Information to its counsel, or to legal associates, paralegals, clerical or
other support staff, or other agents of such counsel, except that:
(a)
such disclosure shall be made only as necessary for the litigation or
settlement of such matter; and,
(b)
said persons are also bound by the terms of this Protective Order,
and shall be informed ofthe terms hereof.
ENTERED:______________
_________________
Hearing Officer
3
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
)
Complainant,
)
)
v.
)
PCBNo.03-22
)
(Enforcement)
SAINT-GOBAIN CONTAINERS, INC.,
)
a Delaware corporation,
)
)
Respondent.
)
AFFIDAVIT OF
WRAY C.
HISER
Wray C. Hiser, being first duly sworn, deposes and states as follows:
1.
I am Associate General Counsel for Saint-Gobain Containers, Inc (“Saint-
Gobain”).
2.
I have reviewed Saint-Gobain’s Motion for Protective Order.
3.
Saint-Gobain’s responses to Complainant’s Supplemental Requests for
Production in this matter are due October 13, 2003.
2.
Saint-Gobain will be producing numerous documents in response to
Complainant’s Supplemental Requests for Production.
3.
The documents that will be produced include documents that contain
confidential data, such as confidential financial reports and confidential glass
manufacturing facility operation logs, the disclosure ofwhich to certain persons or
entities outside such litigation would harm Saint-Gobain’s business.
4.
These confidential documents are protected from disclosure by Saint-
Gobain by limiting access to such documents. These documents are considered
confidential, and they are only made available to the limited number of Saint-Gobain’s
1
management, support staff, attorneys, and agents who require access to these documents
in order to perform their duties.
5.
These confidential documents have been protected from disclosure to
other persons from the date oftheir creation, through the present.
FURTHER AFFIANT SAYETH NOT.
Subscribed and sworn to before me
this
/~‘~day ofOctober 2003.
4ta~
£~A~L-
Notary Public
2