RECEIVED
ILLINOIS POLLUTION CONTROL BOARD
CLERK’S p~FFICE
PEOPLE OF THE STATE OF
)
JUL
1i4~ôo4
ILLINOIS,
)
STATE
OF ILLINOIS
)
POllution Control Board
Complainant,
)
PCBO3-191
-~
(Enforcement
-
Land)
COMMUNITY LANDFILL
/
COMPANY, INC. and CITY OF
MORRIS, an Illinois Municipal
)
corporation,
)
Respondent.
MOTION FOR
EXTENSION
OF
ORAL
DISCOVERY
NOW COMES Respondent, COUNTY OF MORRIS, by and through its attorneys,
HINSHAW & CULBERTSON LLP, and moves this Court for extension of the Oral Discovery
Deadline, currently set for July
15,
2004, and in support thereof, states as follows:
1.
Pursuant to the affidavit attached hereto, Attorney Charles F. Helsten is the
attorney primarily responsible for handling this case on behalfofRespondent, County of Morris.
2.
On May 13, 2004, Hearing Officer Bradley Halloran issued a discovery schedule
requiring that all oral discovery be completed on or before July
15,
2004; however, Charles F.
Helsten needs additional time to complete oral discovery in this case.
3.
Specifically, Charles F. Helsten needs additional time to schedule and conduct
the critical depositions ofJEPA employees Joyce Munie and Blake Harris.
4.
The undersigned counsel attempted to schedule the depositions of these
individuals for July 13, 2004 and provided appropriate notice of such; however, Assistant
Attorney General Christopher Grant informed Charles F. Helsten that the deponents were
70414672v1 806289
unavailable on that date. Mr. Grant further informed Mr. Helsten that Ms. Munie would be on
vacation until July 22, 2004.
5.
Due to the unavailability of the deponents and the other obligations of Mr.
Helsten referenced in the attached affidavit, it will be impossible for Mr. Helsten to depose the
critical witnesses prior to the current discovery deadline ofJuly
15,
2004.
6.
For these reasons, Charles F. Heisten requests that the oral discovery deadline be
extended up to and including August 1, 2004.
7.
This request is not made for dilatory or any other improper purpose but, rather, to
allow counsel adequate time to schedule and conduct the depositions ofcritical witnesses.
8.
This request is necessary due to various scheduling conflicts and is not filed for
any improper purpose.
WHEREFORE, Respondent, CITY OF MORRIS, prays that this Court enter an order
extending the deadline for oral discovery up to and including August 1, 2004.
Dated: July ¶~‘~
,
2004
Respectfully Submitted,
CITY OF MORRIS,
Respondent
-
By:
W&CU.. RTSONLLP
V
Charles F. Heisten
/
Oneo~ik6irAttorneys
HINSHAW & CULBERTSON LLP-6
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815-490-4900
815-490-4901
This document utilized 100
recycled paper products
70414672v1 806289
ILLINOIS POLLUTION CONTROL BOARD
JUL
14
2004
PEOPLE OF THE STATE OF
)
STATE OF ILLINOIS
ILLINOIS,
)
Pollution
Control Board
)
Complainant,
)
PCBO3-19l
vs.
)
)
(Enforcement
-
Land)
COMMUNITY LANDFILL
COMPANY, INC. and
CITY OF
MORRIS, an Illinois Municipal
)
corporation,
)
Respondent.
AFFIDAVIT OF ATTORNEY
CHARLES F. HELSTEN
1.
That Affiant is an attorney employed by Hinshaw & Culbertson LLP, who is
primarily responsible for representing City ofMorris in the above-referenced action.
2.
Affiant is also the attorney with the primary responsibility of representing County
of Kankakee in several appeals pending before the Third District Appellate Court, specifically 3-
03-0924 and 3-03-0025.
3.
In the months of June and July, 2004, the undersigned counsel had the following
conflicts which make it necessary for him to seek an extension ofthe oral discovery deadline:
a.
Drafting the Reply Brief on behalf ofthe County of Kankakee in
Town &
Country Utilities, Inc. v. Illinois Pollution Control Board,
Appeal No. 3-03-0438, due to
be filed on June 16, 2004;
b.
Drafting a Brief on behalf of the County of Kankakee in
Waste
Management, Inc. v. Illinois Pollution Control Board,
Appeal No. 3-03-0924, due to be
filed on June 29, 2004;
70414690v1 806289
c.
Serving as a legal representative in numerous siting matters, most notably
a siting hearing taking place in Lee County beginning on June 21, 2004.
d.
In addition, I have been materially involved over the past several months
in a matter directly pertaining to the Community Landfill in Morris, Illinois, which is the
subject of this matter; namely, negotiations concerning the removal of the present
methane gas to energy system now situated on the property, and the transition to a
substitute system.
4.
Noting that the oral discovery deadline was quickly approaching, the undersigned
counsel attempted to schedule the depositions of two key witnesses, IEPA employees, Joyce
Munie and Blake Harris, for July 13, 2004. However, the undersigned counsel was informed
that the deponents were unavailable on that date and that Ms. Munie would not be available until
after July 22, 2004.
5.
This is Respondent’s first request for extension.
6.
I am not seeking this extension to delay these proceedings or inconvenience the
court or litigants. Rather, I am seeking it to meet my obligations in a realistic and orderly
manner.
7.
Affiant further
SUBSCRIBED
before me this
“OFFICIAL SEAL”
JOAN
LANE
Notary PubHc, State Of Illinois
My Commission Expires 4/23/2005
This document utilized 100
recycled paper products
70414690v1 806289
AFFIDAVIT OF SERVICE
The undersigned, pursuant to the provisions ofSection 1-109 ofthe Illinois Code ofCivil
Procedure, hereby under penalty of perjury under the laws of the United States of America,
certifies that on July 13, 2004, she served a copy of the foregoing upon:
Mr. Christopher Grant
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Fl.
Chicago, IL 60601
Scott Belt
Scott Belt and Associates, PC
105 B. Main Street, Suite 206
Morris, IL 60450
Clarrisa Grayson
LaRose & Bosco, Ltd.
734 N. Wells Street
Chicago, 1L60610
Ms. Dorothy Gunn, Clerk
Pollution Control
Board
100W. Randolph, Suite 11-500
Chicago, IL 60601
Bradley Halloran
Hearing Officer
Pollution Control Board
100 W. Randolph, Suite 11
Chicago, IL 60601
By depositing a copy thereof, enclosed in an envelope in the United States Mail at Rockford,
Illinois, proper postage prepaid, before the hour of 5:00 P.M., addressed as above.
HINSHAW & CULBBRTSON
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
(815)
490-4900
70365631v1 806289
