ILLINOIS POLLUTION CONTROL BOARD
October 27, 1982
KENNETH STEEL AND ROSEMARY STEEL,
)
WILLIAM P.
SUTTER AND HELEN SUTTER,
)
Complainants,
v.
)
PCB 82—16
GEORGE BUECHER,
EDWARD BEUCHER and
)
JOSEPH BEUCHER, as
Trustees,
)
Respondents,7
and
THE COUNTY OF COOK,
a home rule
unit
)
and the COOK COUNTY DEPARTMENT OF
)
PUBLIC HEALTH,
)
Respondent—Intervenors
ORDER
OF THE BOARD
(by J.D. Dumelle):
On October
8,
1982 Respondents filed a motion for protective
order relating to discovery to which Complainants responded on
October 18,
1982.
Also, on October
19, 1982 Complainants
moved
the Board to grant leave to substitute their newly retained
attorneys,
Hopkine
and Su~ter,
for
their
former attorneys.
Respondents
allege that Complainants answered some Interrog—
atones concerning
tests of studies done by Complainants by
offering to supply them upon Respondents~payment of their
pro rata share of the fees charged by the experts who prepared
them and that those studies would reveal other Interrogatory
answers.
Complainants~ response cites no authority in support of
the unusual answer and merely indicates that this matter should
be handled by the Hearing
Officer.
Normally,
the Hearing Officer
would properly make the initial ruling on such motions.
However,
Respondents allege that they have been unable to contact the
Hearing Officer and that quick action is needed to complete
discovery prior to hearing which is allegedly scheduled for
November 8—12,
1982,
The Board,
however, has no record of any
hearing having been scheduled in this matter.
Further, if a
hearing has been scheduled for those dates,
it is already impos-
sible to order that Complainants7 expert witnesses be made avail-
able for depositions at least two weeks prior thereto as requested
by Respondents.
49-219
In order to expedite matters, the Board will grant the
motion for a protective order to the extent that Complainants
are ordered to fully and completely answer the July 15, 1982
Interrogatories.
The Board will not, however, set out any
schedule for the future conduct of proceedings,
but will rather
leave that to the Hearing Officer.
The motion to substitute counsel
is also granted.
IT IS SO ORDERED.
I,
Christan
L.
Moffett,
Clerk
of
the
Illinois
Pollution
Control Boar~d,hereby certify1 tt~atthe above Order was adopted
on the
~1
~ay of~~M~
~
_______,
1982
by a vote of____________________
~
~‘ht~/~
~
Christan
L. Mo~p’~t,Clerk
Illinois PolluUóri Control Board
49-220