1. NOTICE OF FILING
    2. RESPONDENTS’ MOTION TO AMEND THE DISCOVERY SCHEDULE
    3. HEARING OFFICER ORDER
    4. EXHIBIT B
    5. CERTIFICATE OF SERVICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
SEP
2 4
2003
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
)
NATIONAL MATERIAL L. P., an
Illinois limited partnership,
cl/Wa NATIONAL LAMINATION
COMPANY, and. NM HOLDING, INC.,
a nevada
corporation,
)
Respondents.
NOTICE OF FILING
TO:
VIA FACSIMILE and U.S. MAIL
Bradley P. Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 W.
Randolph Street, Suite 11-500
Chicago, IL 60601
Fax:
814-3669
VIA FACSIMILE and U.S. MAIL
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, IL 60601
VIA FACSIMILE and U.S.
MAIL
Paula Becker Wheeler
Assistant Attorney General
Office of the Attorney General
Environmental Bureau
188 W. Randolph Street, Suite 2001
Chicago, IL 60601
PLEASE TAKE NOTICE that
on September
22, 2003, the undersigned filed the
attached
Motion to Amend the Discovery Schedule with the Clerk of the Pollution Control
Board.
A copy of this document is attached and served upon you herewith.
Michele Sibley Gonzales
Holland
& Knight
LLC
131 S. Dearborn Street,
3Øt1~
Floor
Chicago, IL
60603
(312) 236-3600
#
1208825_vi
NATIONAL MATERIAL L.P. d/b/a NATIONAL
LAMINATION
CO. anAN*HOLDING,
INC.
B~K~1(
~~UA3~Q~
Mi~heI~
SiBley
Gp~a
s
**STJ13~JTfEDON RECYCLED PAPER**
V.
RECEIVED
CLERK’S
OFPT(~
STATE
OF ILUNOIS
Pollution
Control Board
)
PCB 01-02
)
(Enforcement)
)
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARfP~RR’S
orrw~
PEOPLE OF THE STATE OF ILLINOIS,
)
SEP
24
2003
STATE OF
ILLINoIs
Complainant,
)
PollUtion
Control Board
)
v.
)
No. PCB 01-02
)
NATIONAL MATERIALS
L.P.,
an
)
(Enforcement
-
Air)
Illinois limited partnership,
)
dfb/a NATIONAL LAMINATION
)
COMPANY, and NM HOLDING, INC.,
)
a Nevada corporation,
)
)
Respondents.
RESPONDENTS’ MOTION TO AMEND THE DISCOVERY SCHEDULE
Respondents,
NATIONAL
MATERIAL
L.P.
d/b/a NATIONAL LAMINATION
CO., and NM HOLDING, INC., by their attorneys, move for entry of an order
amending the initial discovery schedule in this matter, as follows:
1.
This matter arises out ofRespondents’ voluntary disclosure of its non-
compliance with certain regulations.
After rejecting Respondents’
Compliance
Commitment Agreement, Complainant filed this action and in January 2003,
Complainant
amended its Complaint.
The first four counts ofthe five count
Amended Complaint are not contested and the parties have been attempting to
resolve, at a minimum, the uncontested counts.
2.
On July
2, 2003, a Hearing Officer Order was entered setting a
discovery schedule in this matter.
All written discovery was to
be served by July
21, 2003, with responses provided by August 29, 2003.
Depositions ofnon-expert
witnesses were to
be completed by October 17, 2003 and expert depositions were to
be completed by November 21, 2003.
All
discovery was scheduled to be completed
by December 31, 2003.
(Order attached
hereto as Exhibit A.)
3.
On or around September 11, 2003, during a telephone conference
between counsel for Complainants, Paula Becker Wheeler, and counsel for
Respondents, Michele Sibley Gonzales, Ms. Wheeler advised she ha~l
not yet
received discovery requests or responses from Respondents.
4.
On Wednesday, September
17, 2003, Respondents’ counsel requested
that Complainant’s counsel agree
to an extension of the initial discovery deadlines
however the parties were unable to reach an agreement regarding the same.
5.
Through mere inadvertence, the written discovery deadlines were not
met by counsel for Respondents.
Following a law firm merger and move to new
offices in March, 2003,
Ms. Gonzales was assigned this matter in late spring, as
well as being assigned as the attorney primarily responsible for approximately
24
other files, in addition to her regular case load.
Ms. Gonzales has also been
involved, in preparing for trial as lead counsel in a matter
originally set to
commence trial on July 7,
2003, which has since been continued, entitled
Basile
v.
Haggerty Pontiac,
General Motors Corporation,
et al.,
DuPage County Case No.
01
CH
1186.
See Affidavit ofMichele Sibley Gonzales, attached hereto as Exhibit B.
6.
While an
office move and a sudden increase in caseload is not
dispositive of this motion, the facts set forth in Paragraph
3, indicate that Ms.
Gonzales’ failure to meet the initial discovery schedule in this matter
was not
intentional, but rather was a result ofmere inadvertence.
2
7.
There has been no trial date set in this matter.
8.
This is the first request by Respondents to amend the initial discovery
schedule in this matter and this amended discovery schedule is not
sought to delay
this matter nor sought for any other improper purpose.
9.
Complainants will not suffer any undue hardship or prejudice as a
result of this amended discovery schedule as there has no trial date set and the
parties can still complete discovery by the original discovery completion date of
December 31, 2003.
10.
For this reason, Respondents request that the initial discovery
schedule be amended, as follows:
(1) Respondents must serve their discovery requests upon Complainant
by Wednesday, September 24,
2003;
(2) Respondent
to provide its written discovery responses to Complainants’
initial discovery by October 13,
2003;
(3) Depositions of all non-experts to be completed by November
17,
2003;
(4) Depositions of all experts to be completed by December 24, 2003;
(5) All discovery shall be completed by December 31, 2003.
3
WHEREFORE, Respondents, National Material
L.P. d/bIaJ National
Lamination Company, and NM Holding, Inc., requests this Motion to Amend the
Initial Discovery Schedule be granted and that an order be entered setting forth the
amended schedule as set forth in Paragraph
10 above.
Respectfully submitted,
NATIONAL MATERIAL
L.P.,
d/b/a
NATIONAL LAMINATION COMPANY
NM HOLDING, INC.
By:
Michele Sibley
onzales
4
CL~R~S
OFFJ
ILLINOIS POLLUTION CONTROL
BOARD
July 2, 2003
JUL
2
2003
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF IWNoIs
)
POllUtf0fl
Control Board
Complainant,
)
)
v.
)
PCBO1-2
)
(Enforcement
-
Air)
NATIONAL MATERJAL L.
P.,
an Illinois
)
limited partnership dlb/a NATIONAL
)
LAMINATION COMPANY,
and
NM
)
HOLDING, INC., a Nevada corporation,
)
)
Respondents.
)
HEARING OFFICER ORDER
On June 20,
2003, the parties submitted an agreed discovery schedule.
The discovery
schedule is accepted to
the extent as follows: all
written
discovery to be served on orbefore
July21,
2003; responses
to
written
discovery to be
served on or before August 29,
2003;
depositions ofall non-experts to be completed on or before October 17, 2003; depositions ofall
experts to be completed on or before November 21, 2003; all discovery to be completed on or
before December 31, 2003.
The parties
are
reminded that a telephonic status
conference is set foi~
July 17,
2003, at
10:45
a.m.
The status conference must be
initiated by the complainant,
but each
party
is
nonetheless responsible for its own appearance.
At the status conference, th~e
parties must be
prepared to discuss the status ofthe above-captioned matter and their readiness for hearing.
The
parties are to discuss outstanding discovery
and
propose possible hearing dates at the next status
conference.
IT IS
SO
ORDERED.
Bradley P. Hallor~
Hearing Officer
Illinois Pollution Control Board
James R. Thompson
Center, Suite 11-500
100 W.
Randolph Street
Chicago, Illinois 60601
312.814.8917
EXHIBIT A
2
CERTIFICATE OF SERVICE
It
is hereby certified that true copies ofthe foregoing order were mailed, first
class, to each ofthe following on July 2, 2003:
Mark J. Steger
PaulaBecker-Wheeler
Holland & Knight
LLC
Assistant Attorney General
131
S. Dearborn Street
Office ofthe Attorney General
30th Floor
Environmental Bureau
Chicago, IL 60603
188’W. Randolph Street
20th Floor
Cyrus Tang, President
Chicago, IL 60601
NM Holding, Inc..
3773 Howard Hughes Parkway
Suite 350N
Las Vegas, NV
89109
It
is hereby certified that a true copy ofthe foregoing order was hand delivered to
the following on July ‘2, 2003:
DorothyM. Gunn’
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste.
11-500
Chicago, Illinois 60601
,
~
~Q9
Bradley P. Ha1lora~
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
312.814.8917
BEFORE
THE
ILLINOIS
POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
No. PCB 01-02
)
NATIONAL
MATERIALS
L.P., an
)
(Enforcement
-
Air)
Illinois limited partnership,
)
d/bfa
NATIONAL LAMINATION
)
COMPANY, and NM HOLDING, INC.,
)
a Nevada corporation,
)
)
Respondents.
)
AFFIDAVIT
OF MICHELE SIBLEY
GONZALES
I,
MICHELE SIBLEY GONZALES, being first duly sworn upon oath, state
that if I were called to testify in this matter, based on personal knowledge,
I would
testify as follows:
1.
I am the attorney primarily responsible for
the trial of this
matter
on
behalf
of
Respondents,
NATIONAL
MATERIALS
L.P.
dlb/a
NATIONAL
LAMINATION
CO., and NM HOLDING,
INC., with
the assistance of my partner,
Mark Steger.
2.
On or around September 11, 2003, during a telephone conference
between counsel for Complainants, Paula Becker Wheeler, and counsel for
Respondents, Michele Sibley Gonzales, I realized that I had in advertently failed to
meet the initial written discovery deadlines set forth in the order entered on July 2,
EXHIBIT B
2003 when Ms. Wheeler advised me that
she had not yet received discovery
requests or responses from Respondents.
3.
On Wednesday, September 17, 2003, I requested that Complainant’s
counsel agree to an extension of the initial discovery deadlines however the parties
were unable to reach an agreement regarding the same.
4.
Through mere inadvertence,
I failed to
comply with the initial the
written discovery deadlines.
While I regret the circumstances leading to this
situation,
the missed deadline was a matter ofmere indavertence
and not
intentional delay.
Since my law firm merger and move to new offices in March,
2003,
I was assigned this matter in late
spring,
as well as approximately 24 other
files, in addition to my regular case load.
5.
In late June and early July, 2003 I was also involved in preparing for
trial as lead counsel in a matter originally set to commence trial on July
7, 2003,
which has since been continued, entitled
Basile
v. Haggerty Pontiac,
General Motors
Corporation, et al.,
DuPage County Case No.
01 CH
1186.
6.
This
is Respondents’ first request to amend the
discovery schedule
in
this matter
and this
request
is not sought
to delay
this matter
or sought for
any
other improper purpose.
2
S
FURTHER AFFIANT SAYETH NAUGHT.
Michele Sibley Go
a ez
STATE OF ILLINOIS
)
SS
COUNTY OF COOK
)
SUBSCRIBED and SWORN to before
me a Notary Public this
~
day
of September, 2003.
~~ssrs:
~//3/2I~$
#
1208691_vi
“OFFICi~~
L
SEAL”
Peggy S.
•.~rpby
Notary Public,
S
.
of Illinois
MyConuniSSioflEXp
‘3,2005
3
CERTIFICATE
OF
SERVICE
I, Michele Sibley Gonzales, an attorney in this matter,
do certiVy that
on this
22nd
day of September
2003,
I caused
to
be
served the foregoing Notice of Filing
and
Respondents’
Motion
to
Amend
the
Discovery
Schedule,
upon
the
person
named within by facsimile and U.S.
Mail.
MIC
LE SI~,~Y
S
#
1208584_vi
5

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