ILLINOIS POLLUTION CONTROL BOARD
    May 5,
    1994
    JOHN
    ZARLENGA and
    )
    JEAN
    ZARLENGA,
    )
    )
    Complainants,
    )
    v.
    )
    PCB 92—178
    (Enforcement)
    JOHN HANCOCK MUTUAL LIFE
    )
    INSURANCE
    COMPANY
    AND
    )
    LINCOLN
    EASTERN
    MANAGEMENT
    )
    CORPORATION,1
    )
    )
    Respondents.
    ORDER OF THE BOARD
    (by M.
    McFawn):
    Respondents Bloomingdale Partners, Howard Edison,
    Bruce
    McClaren, and Gary Laken filed a joint status report and
    stipulations agreement on April
    1,
    1994, and an “agreed” motion
    to dismiss on April 11,
    1994.
    The motion to dismiss,
    filed only
    by respondents,
    seeks to have this action dismissed as to all
    named respondents.
    On April 6,
    1994,
    complainants John and Jean
    zarlenga filed a motion seeking to add Lincoln Eastern Management
    Corporation and John Hancock to this proceeding as indispensable
    parties and real parties in interest.
    In their joint status report and stipulations agreement,
    the
    parties report that on January 28,
    1994, the Bankruptcy Court in
    the proceeding captioned In Re Bloomingdale Partners, case no.
    91
    B 11678,
    issued an order striking Bloomingdale Partner’s Modified
    Third Plan of Reorganization and dismissing the case.
    On
    February 7,
    1994, the Circuit Court of DuPage County issued an
    order appointing Gregory O’Berry, Vice President of Finance for
    Lincoln Eastern Management Corporation,
    as receiver for One
    Bloomingdale Place in the foreclosure proceedings captioned John
    Hancock Mutual Life Insurance Company v. Bloomingdale Partners et
    ~
    91 CH 280.
    Complainants assert that as receiver, Lincoln
    Eastern Management Corporation is the entity with the power and
    authority to initiate remedial action at One Bloomingdale Place.
    On March 29,
    1994, John Hancock obtained from the Bankruptcy
    Court a Judgment of Foreclosure and Order of Sale for the
    property known as One Bloomingdale Place.
    The foreclosure
    judgment divested respondents of any and all interests in One
    Bloomingdale Place.
    In their motion, complainants assert that
    the foreclosure judgment placed John Hancock in a position to
    ~.
    This caption has been changed to reflect the Board’s
    decision in this order.
    exercise control and authority over One Bloomingdale Place by
    making advances to preserve and maintain the property in order to
    protect its lien interest.
    As a result of these events, the parties have stipulated to
    an agreement intended to resolve this matter as to the named
    respondents and allow complainants to add to the proceeding the
    real parties in interest.
    Respondents stipulate they will not
    directly or indirectly bid on or otherwise seek to acquire an
    ownership interest in One Bloomingdale Place at the judicial sale
    to be conducted on or after May 3,
    1994,
    and agree not to oppose
    complainants’ motion to join the court appointed receiver and
    John Hancock as real parties in interest.
    Complainants stipulate
    they will not seek to enforce the Board’s order dated February 3,
    1994,
    or otherwise seek to obtain or compel production of
    respondents’ financial records.
    Complainants further stipulate
    they will not oppose respondents’ motion seeking to dismiss the
    action as to each of them.
    Complainants have attached as exhibits to their motion
    copies of the original notice and complaint,
    and the November 20,
    1992 notice and motion to amend the complaint which was granted
    December 3,
    1992.
    The certificate of service indicates that
    copies of complainants’ motion were served on Lincoln Eastern
    Management Corporation and John Hancock.
    This satisfies the
    Board’s procedural requirement that respondents be served with a
    copy of the complaint.
    (35 Ill. Adm. Code 103.123(a).)
    No
    response has been received from Lincoln Eastern Management or
    John Hancock.
    Respondents Bloomingdale Partners, Howard Edison,
    Bruce
    McClaren, and Gary Laken’s motion to have the action dismissed
    with prejudice as to each of them is hereby granted.
    Complainants’ motion to add Lincoln Eastern Management
    Corporation and John Hancock Mutual Life Insurance Company as
    indispensable parties and real parties in interest is also
    granted.
    The Clerk of the Board is directed to add these two
    parties to the caption in this case as respondents, and any
    future pleadings and motions made on behalf of the Zarlengas must
    be served on them.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk
    of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    ~
    day of
    _______________,
    1994, by a vote of
    _______
    ~L
    /1L~~
    Illinois Po~

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