ILLINOIS POLLUTION CONTROL
BOARD
March 17, 1994
ANNE SHEPARD, JAMES VERHEIN,
)
JEROLD LECKMAN,
)
)
Complainants,
PCB 94-2
v.
)
(Enforcement)
)
NORTHBROOK SPORTS
CLUB AND
)
VILLAGE OF HAINESVILLE,
)
)
Respondents.
ORDER OF THE BOARD (by G. T. Girard):
The Board has before it several filings regarding discovery
issues in this case. The Board notes that generally such issues
would be left to a hearing officer; however in this case
complainants assert that certain of their requests for
information are related to complainants’ ability to respond to
the motion to dismiss which is now pending before the Board. The
Board will therefore rule on these discovery issues.
Complainants have filed a request for admission of
genuineness of document, request for document and request for
admission of fact dated January 31, 1994. Complainants filed a
supplement to the Januaz~y 31, 1994 request dated February 11.
Complainants also filed an amendment to the January 31, 1994
request dated February 28, 1994 and a motion to dismiss
Northbrook Sports Club’s response to the January 31 requests.
Northbrook Sports Club has filed a response to the January
31 requests dated February 24, 1994 and a response to the motion
to amend the January 31 requests of complainants dated March 2,
1994. Northbrook Sports Club has objected to the requests for
admission of facts.
The Board notes that on March 9, 1994, the Board received a
filing entitled motion to order discovery under the Act filed by
complainants. This March 9 filing in effect replies to the
filings of Northbrook. Therefore, the Board finds that this is a
reply to a response and strikes the March 9, 1994 filing. (35
Ill. Adin. Code 101.241(c).) The Board notes that on March 15 and
16 the Board received responses to complainants’ motion; however
those responses are moot as the Board struck that motion.
As stated above the complainants maintain that the responses
to the admissions of fact are necessary for its response to the
motion to dismiss filed by respondents. After reviewing the
filings, the Board finds that the discovery requests filed by
complainants are not relevant to the issues pending before the
Board at this time. Therefore, the Board sustains respondents’
2
objections.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board do hereby certify that the above order was adopted pn. the
J7~~t
day of
____________,
1994, by a vote of 6 ~
~
Dorothy M. G~n,
Au,
Clerk
Illinois Pouution Control Board