C~VJ~D

CLERK’S

OFFJCE

REBECCA LAWRENCE,

FEB

2

0

2003

Complainant

STAfE

OF ILLINOIS

)

Pollution Control Board

v.

)

PCBOi.1O

)

NORTH POINT GRADE SCHOOL do

)

UNIT

5

DISTRICT OFFICE,

)

Respondent.

)

MOTION TO DISMISS AND REQUEST FOR SANCTIONS

NOW COMES,

Community Unit School District No.

5

and moves this honorable

hearing board to dismiss the above captioned cause ofaction and grant sanctions to the

Unit

5

School District for the following reasons to wit:

1.

That the Complainant

filed on July

25,

2001

a noise complaint with the

Illinois Pollution Control Board.

2.

That Steven C. Langhoff was the hearing officer assigned to the

complaint.

3.

That a hearing date was set for January 30, 2002.

4.

That on January

10, 2002

the Complainant requested a change in hearing

officers.

5.

That a new hearing officer Bradley P. Halloran was appointed to hear the

case on January 24, 2002.

6.

Thatthe commission postponed the hearing date of January 30, 2002

because ofthe naming of a new hearing office.

7.

That the Respondent has propounded

upon Complainant discovery

interrogatories and requests for production.

8.

That Respondent on June

11, 2002 filed a Motion to Compel

Complainant

to answer.

9.

That Complainant consistently has failed to

following sections

101.620

(b)

and (c) as to

answering interrogatories of Respondent.

10.

That the hearing officer scheduled telephonic status conference on

September

25,

2002 which was to be

initiated by Complainant, which never

occurred because ofComplainant’s failure to

initiate said conference.

)

)

---

11.

That the hearing officer scheduled a telephone status conference on

October

17, 2002 which was to

be initiated by Complainant which never occurred

because ofComplainant’s failure to

initiate said conference.

12.

That the hearing officer set November 21, 2002 for a telephonic status

I

conference with the Complainant

to

initiate the conference which did not occur

~because ofComplainant’s failure to initiate the conference.

13.

That the hearing officer set the telephonic status conference for February

10, 2003

at

1:30 p.m. which status conference was to initiated by the Complainant

which did not occur because of Complainant’s failure to

initiate the conference.

14.

That Respondent has expended significant funds to

defend this complaint

including but not limited

to fees and expenses ofexpert witnesses, fees

and

expenses ofattorneys and their investigators.

15.

That the Respondent through their attorney has been present on each and

every status telephone conference and spent considerable time preparing prior to

each hearing.

In addition a representative of Respondent has been present each

and every time there has been a telephonic status hearing scheduled.

16.

That Respondent has expended in excess of Five Thousand Dollars

($5,000.00)

in fees and expenses to defend this litigation which began on July

25,

2001.

WHEREFORE, the Respondent requests this board to dismiss

the above

captioned cause ofaction for an obvious

lack of prosecution on behalfofthe

Complainant.

This Complainant has delayed this proceeding by requesting a new hearing

officer, by failing to

comply with the rules of the Pollution Control Board

in regards to

answering discovery and by failing to keep four (4) months oftelephonic status

conferences.

The Respondent further requests that Complainant be found guilty offailure to

comply with the rules ofthe Commission on the directions ofthe hearing officer and

guilty ofdelaying the proceedings and therefore subjecting herself to

sanctions by this

board in the amount offees expended by Respondent in an amount not to exceed Five

Thousand Dollars

($5,000.00).

artin L. 0

Coim

,

attorney for Respondent

---

PROOF OF SERVICE

It is hereby certified that true copies of the foregoing were mailed, first class

postage prepaid, to each of the following on the

~1~*(A

day of February, 2003.

Dorothy M. Gunn

Illinois Pollution Control Board

James R.

Thompson Center

100 W. Randolph Street, Ste.

11-500

Chicago, Illinois

60601

Rebecca S. Lawrence

6 Sun Pointe Court

Bloomington, IL 61704

Bradley P. Halloran

Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center, Ste.

11-500

100 W. Randolph Street

Chicago, Illinois

60601

~:

~(O

Martin L.

O’Connor