RECEIVED
CLERKS OFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROL BOA
OF THE STATE OF ILLINOIS
262004
STATE OF ILLINOIS
YOGUE TYRE
&
RUBBER COMPANY,
)
Pollution
Control Board
)
Petitioner,
)
)
PCBNo.96-10
V.
)
(UST Appeal)
)
ILLINOIS ENVIRONMENTAL PROTECTION)
AGENCY,
)
Respondent.
)
NOTICE OF FILING
TO:
Ms. Dorothy Gunn, Clerk ofthe Board
Illinois Pollution Control Board
State ofIllinois Building
100 West Randolph Street
-
Suite 11-500
Chicago, Illinois
60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
State ofIllinois Building
100 W. Randolph Street
—
Suite 11-500
Chicago, Illinois
60601
Joim J.
Kim
Illinois Environmental Protection Agency
Division ofLegal Counsel
1021 North Grand Avenue East
Springfield, Illinois
62794-9276
PLEASE
TAKE
NOTICE
that on February
26,
2004,
we filed with the Office of the
Clerk ofthe Pollution Control Board Vogue Tyre & Rubber Company’s Motion for Extension, a
copy ofwhich is attached hereto and hereby served upon you.
David M. Allen
VOGUII~
TY~E
& RUB1~ER
COMPANY
Jeffrey E.
Schiller
/
Schuyler, Roche &
Zwirner
By:
~jA~4
ill
130 East Randolph, Suite 3800
V~/5iie
ofits
Attorneys
Chicago, IL
60601
(312) 565-2400
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOAIi~B
262004
OF THE STATE OF ILLINOIS
STATE OF
ILLINOIS
Pollution Control Board
VOGUE
TYRE &
RUBBER COMPANY,
)
)
Petitioner,
)
)
PCBNo.96-lO
v.
)
(UST Appeal)
)
ILLINOIS ENVIRONMENTAL PROTECTION)
AGENCY,
)
Respondent.
)
PETITIONER’S MOTION FOR EXTENSION
Petitioner, Vogue Tyre
&
Rubber Company (“Vogue”), by
its
attorneys, for its Motion
for Extension
of the hearing
date
for the Motion
for Summary Judgment
filed by
the Illinois
Environmental Protection Agency (“IEPA”)
states as follows.
1.
Hearing on this matter is currently
set for March 17, 2004.
2.
Vogue requests and requires an
extension ofthe hearing date because its counsel
are currently
involved with a case in the Northern District ofIllinois,
which case includes eight
parties,
a
sixteen
count
complaint
and
multiple
cross
and
counter-claims
and
motions
for
summary judgment.
The reason for Vogue’s request for an extension is
that the pre-trial order
in that case
is
expected to
exceed one thousand pages
which must be
circulated and
completed
on March
17, 2004, to be finalized on filed on April 2, 2004.
The Court has specifically stated
that
no
extension will
be
granted.
This
scheduling order was not
in
effect
when
the parties
previously agreed to the March
17, 2004 hearing date.
3.
Respondent agrees to
an extension.
4.
Respondent
recently
sought
an
extension
of
its
own
and
Vogue
posed
no
objection to such request, which was duly granted.
4.
This motion is not interposed forthe purpose ofharassment or delay.
5.
Vogue seeks an extension to any date on or after April
12, 2004.
Respondent has
requested that the date be on a Wednesdayor Friday, if possible.
David M. Allen
Jeffrey E.
Schiller
Schuyler, Roche & Zwirner, P.C.
One Prudential Plaza
130
E. Randolph Street, Suite 3800
Chicago, Illinois
60601
(312) 565-2400
Respectfully submitted,
VOGUE TYRI~& RUBB
COMPANY
By:
0
o
1
Attorneys
CERTIFICATE OF SERVICE
I, Mary Weidman, a non-attorney,
certify
that I caused copies of the foregoing Motion
for Extension to
be served by hand-delivery to:
Ms. Dorothy Gunn, Clerk ofthe Board
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
-
Suite 11-500
Chicago, Illinois
60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street
—
Suite 11-500
Chicago, Illinois
60601
and by via facsimile to:
John J.
Kim
Illinois
Environmental Protection Agency
Division ofLegal Counsel
1021
North Grand Avenue East
P.O. Box
19276
Springfield,
Illinois
62794-9276
on this 26th day ofFebruary, 2004.
Subscribed
and
Sworn to
before me this 26th day of
February, 2004
__________________
EVA
MANOS
KT+
Pubic
Notary Public, State
of
Illinois
LNolary
1
MyComni~ssjon
Expires October10, 2006