1. NOTICE OF FILING
      2. AFFIDAVIT OF DAVID M. WALTER~
V.
PCB No. 03-22
)
(Enforcement)
NOTICE OF FILING
TO:
Ms.
Dorothy M. Gunn
Clerk ofthe 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
600 South Second Street
Suite 402
Springfield, Illinois
62704
(VIA FIRST CLASS MAIL)
(SEE PERSONS
ON
ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk of
the Illinois Pollution Control Board an original and four copies each of SAINT-
GOBAIN CONTAINERS, INC.’S MOTION FOR EXTENSION OF TIME TO
RESPOND TO
COMPLAINANT’S DISCOVERY REQUESTS
and AFFIDAVIT
OF
DAVID M. WALTER
copies ofwhich is herewith served upon you.
Respectfully submitted,
SAIINT-GOBAIN CONTAINERS, INC.,
Respondent,
Dated:
June 26, 2003
By:
N. LaDonna Driver
David M. Walter
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield,
Illinois
62705-5776
(217) 523-4900
David M. Walter
~CEIVE~
BEFORE THE ILLINOIS POLLUTION CONTROL BOA~LERK’SOFFICE
PEOPLE OF THE STATE OF
ILLINOIS,
)
Complainant,
JUN
302003
)
)
STATE
OF ILLINOIS
)
Pollution Control Board
)
SAINT-GOBAIN CONTAINERS, INC.,
)
a Delaware corporation,
)
)
Respondent.
)
THIS FILING
SUBMITTED ON RECYCLED PAPER
CERTIFICATE OF
SERVICE
I, David M. Walter, the undersigned, certify that I have served the attached
SAINT-GOBAIN CONTAINERS, INC.’S MOTION FOR EXTENSION OF TIME TO
RESPOND TO COMPLAINANT’S DISCOVERY REQUESTS and AFFIDAVIT OF
DAVID M. WALTER upon:
Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
James R. Thompson
Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
Carol Sudman, Esq.
Hearing Officer
Illinois Pollution
Control Board
600
South Second Street
Suite 402
Springfield, Illinois
62704
Delbert D. Haschemeyer, Esq.
Assistant Attorney General
Office of the Attorney General
500
South Second Street
Springfield, Illinois
62706
by depositing said documents in the United States Mail, postage prepaid, in Springfield,
Illinois on June 26,
2003.
David M. Walter
SGCO:OO1/Fil/NOF-COS
—
Motion for Ext.2
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.
)
SAINT-GOBAIN CONTAINERS, INC.’S MOTION FOR EXTENSION
OF TIME TO
RESPOND TO COMPLAINANT’S DISCOVERY REQUESTS
NOW COMES the Respondent SAINT-GOBAIN CONTAINERS, INC. (“Saint-
Gobain”), by and through its attorneys, HODGE DWYER ZEMAN, and pursuant to 35
Ill. Admin. Code
§~
101.502,
101.522, and 101.610(n), requests that the Hearing Officer
grant Respondent’s Motion for Extension
ofTime to Respond to Complainant’s
Discovery Requests.
In support ofthis Motion, Respondent states as follows:
1.
On or about May 8, 2003, Complainant served its Requests for Production
and First Set ofInterrogatories Directed to the Respondent on Saint-Gobain.
2.
Pursuant to the Illinois Pollution Control Board’s procedural rules at 35
Ill. Admin.
Code Part 101, responses to
Complainant’s discovery were due
within 28
days of service,
i.e.,
on
June 5, 2003.
3.
On June 4, 2003, Respondent submitted a Motion
for Extension of Time to
Respond to Complainant’s Discovery Requests requesting an extension of time for 22
days, to and including June 27, 2003, in which to file its
responses to
Complainant’s
discovery requests.
4.
Saint-Gobain is gathering
information in response to the Complainant’s
discovery requests.
Nevertheless, Saint-Gobain will be unable to properly complete its
responses by June 27, 2003.
Therefore, Respondent requests an additional extension of
time for 23
days, to
and including July 20, 2003,
in which to
file its responses to
Complainant’s discovery requests.
5.
This Motion is made in good faith and not for purposes of delay.
6.
Counsel for the Respondent has contacted counsel for the Complainant,
and he has indicated that he has no objection to this request being granted.
WHEREFORE, for the above and foregoing reasons, Respondent, SAINT-
GOBAIN CONTAINERS, INC., respectfully requests that the Hearing Officer grant this
Motion for Extension of Time, and allow Respondent an extension oftime for 23
days, or
until July 20, 2003, in which to file its responses to Complainant’s Requests for
Production and First Set of Interrogatories Directed to the Respondent.
Respectfully submitted,
SAINT-GOBAIN CONTAINERS, INC.,
Respondent,
By:
~
~
One of its Attorneys
Dated:
June 26,
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/Fil/Motion for Ext.2
2
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.
)
AFFIDAVIT OF DAVID M. WALTER~
1.
I am a licensed Illinois attorney,
and one ofthe counsel of record for
Respondent, Saint-Gobain Containers, Inc.
2.
I have assisted in the preparation of, and have reviewed, Respondent,
Saint-Gobain Containers, Inc.
Motion for Extension of Time to
Respond to
Complainant’s Discovery Requests (“Motion”).
3.
The statements contained in the Motion, that are not otherwise ofrecord,
are true and accurate to the best of my knowledge and belief.
FURTHER AFFIANT SAYETH NOT.
David M. Walter
Subscribed and sworn to
before
me this
26th day.of June 2003.
Notary P&ollc
L~mi~ionExp.o~1~5
SGCO:OO1/Fil/affidavit
-
motion for ext.2

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