CLERK’S
OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
JAN
202005
GINA PATTERMANN
)
STATE
OF
ILLINOIS
PoJI~t~~n
Control Board
Complainant,
PCB
99-187
V~
(Citizen
Enforcement,
BOUGHTON TRUCKING AND MATERIALS,
)
Noise & Air)
INC.
)
Respondent.
)
NOTICE OF
FILING
To:
See Attached
Certificate of Service
PLEASE TAKE NOTICE that on
the
20th
day
of
January,
2005,
the
undersigned
caused
to
be
filed
with
the
Illinois
Pollution
Control
Board
the
COMPLAINANT’S
MOTION
FOR VOLUNTARY DISMISSAL, a copy of which
is
herewith
served upon you.
THE JEFF DIVER GROUP,
L.L.C.
By:
___________
Michael S. Blazer
THE JEFF
DIVER GROUP,
L.L.C.
1749
S.
Naperville Road,
Suite #102
Wheaton,
IL 60187
(630) 681-2530
THIS
FILING
SUBMI1TED
ON RECYCLED
PAPER
CLERK’S OFFICE
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
JAN
202005
GINA PATTERMANN
)
Pot
Complainant,
PCB
99-187
V~
(Citizen Enforcement,
BOUGHTON TRUCKING AND MATERIALS,
Noise & Air)
INC.
)
Respondent.
)
COMPLAINANT’S
MOTION FOR VOLUNTARY DISMISSAL
Now comes Complainant, Gina Pattermann (“Pattermann”),
by her attorneys, and
for her
Motion
pursuant
to
35
IAC
101.500(a),
35
IAC
510
and
735
ILCS
5/2-1009
for
Voluntary
Dismissal of this matter,
states:
1.
This
matter is
currently
scheduled
to
proceed
to
hearing
on
January
31,
2005.
Pursuant to 35
IAC
101.500(a), the
Board
may entertain any
motion
the
parties wish
to file that
is permissible under the
Illinois Code of Civil
Procedure.
2.
Pursuant to
§2-1 009
of the
Illinois Code of Civil
Procedure, the plaintiff
may,
at
any
time
before
trial
or
hearing
begins,
upon
notice
and
payment
of costs,
dismiss his
or her
action without prejudice.
3.
Pattermann
shall
pay
such
costs
as
are
within
the
meaning
of
§2-1009
upon
submission of a statement for the same from
Respondent.
Wherefore, Pattermann requests that this matter be dismissed, without
prejudice.
Respectfully submitted,
Gina
Pattermann
Michael
S
Blazer
By.
__________________________________
The Jeff Diver Group, L.L.C.
One of her attorneys
1749 S.
Naperville Road, Suite
102
Wheaton,
IL 60187
630-681-2530
THIS HUNG SIJBMI1TED ON RECYCLED PAPER
CERTIFICATE OF SERVICE
The undersigned hereby certifies that he caused the above and foregoing
Notice
of Filing
and COMPLAINANT’S MOTION
FOR VOLUNTARY DISMISSAL, to be served
via facsimile transmission upon the following:
Bradley
P.
Halloran
Illinois
Pollution Control Board
James
R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago,
IL
60601
Fax No.
(312) 814-3669
on this
20th
day of January, 2005.
Patricia
F. Sharkey
Kevin
G. Desharnais
Mayer,
Brown,
Rowe & Maw
190 5. LaSalle Street
Chicago,
IL 60603
Fax No.
(312) 706-9113
Michael S. Blazer
THIS FlUNG SUBMIITED ON RECYCLED PAPER
