ILLINOIS POLLUTION CONTROL BOARD
    December 21, 2000
    JOHN M. GIERTYCH, GERI GIERTYCH,
    WALLY STOKLOSA, EARL DALIEGE,
    EVERETT JOHNSON, MEDARD
    SOWONIK, MAX PRINDLE, CHUCK
    POLIZZI, MARGE POLIZZI, GEORGE
    BRASSEA, GLADYS BRASSEA, NANCY
    PITCHER, GERALDINE HUGHES,
    BERNARD NAGEL, JOE RINGBAUER,
    DEE RINGBAUER, CAROLYN MEYER,
    JOE DAMPF, SALLY DAMPF, PAT
    HENRY, GABRIELE DALZELL, CLIFTON
    COOKE, BETTY JANE COOKE, PAM
    SAYNER, CAROL BUMP, HELEN
    BYTNAR, and LESLIE KOENIG,
    et al
    .
    Complainants,
    v.
    4T’S MANAGEMENT, L.L.C.,
    Respondent.
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    PCB 00-133
         
    (Enforcement - Noise, Citizens)
    ORDER OF THE BOARD (by M. McFawn):
    On December 7, 2000, respondent 4T’s Management, L.L.C. (4T’s Management) filed
    a motion to dismiss certain complainants for want of prosecution. 4T’s Management’s motion
    asked that the Board dismiss certain complainants to this case for failure to participate during
    telephonic status calls and respond to 4T’s Management’s discovery requests. 4T’s
    Management claims that as a result of this lack of participation, its ability to fully defend and
    obtain a timely resolution of this matter has been adversely affected.
    Pursuant to Section 103.140(c) of the Board’s procedural rules, a party has seven days
    within which to respond to a written motion. That section provides in part:
    If no response is filed, the parties shall be deemed to have waived objection to
    the granting of the motion, but such waiver of objection does not bind the Board
    in its determination.
    As of this date, the Board has not received any response to 4T’s Management’s motion.
    Pursuant to Section 103.140(c), the Board deems complainants to have waived any objection to
    4T’s Management’s motion.
    2
    The hearing officer assigned to this case has conducted four telephonic status calls for
    this case, of which none of the complainants named in 4T’s Management’s motion have
    participated. In addition, on August 16, 2000, 4T’s Management served a set of
    interrogatories and document requests on all complainants. None of the complainants named
    in 4T’s Management’s motion responded to the discovery requests. On November 17, 2000,
    4T’s Management filed a motion to compel all complainants to fully respond to 4T’s
    Management’s discovery requests.
    On November 21, 2000, the hearing officer held a telephonic status call. Again, none
    of the complainants named in 4T’s Management’s motion participated in this call. During the
    call, the hearing officer ordered that all complainants fully respond to 4T’s Management’s
    discovery requests by December 2, 2000. Counsel for 4T’s Management also raised the issue
    of dismissal of the complainants failing to comply with the discovery deadline. None of the
    complainants named in 4T’s Management’s motion have responded to the discovery requests as
    of the date of this order.
    The Board grants 4T’s Management’s motion, dismissing the following parties from
    this matter with prejudice: Chuck Polizzi, Marge Polizzi, Nancy Pitcher, Geraldine Hughes,
    Geri Giertych, Carolyn Meyer, Sally Dampf, Joseph Dampf, Gabriele Dalzell, Pam Sayner,
    Carol Bump, Helen Bytnar, Leslie Koenig, Gladyce Brassea, George Brassea, Bernard Nagel,
    Joe Ringbauer, Dee Ringbauer, Pat Henry, Betty Jane Cooke, Clifton Cooke, Wally Stoklosa,
    Earl Daliege, Everett Johnson, Medard Sowonik, and Max Prindle. The Board directs the
    Clerk to amend the caption to reflect this order. The Board notes that any of the persons
    dismissed by this order may still participate in this case as witnesses if called at hearing, or by
    submitting written statements. See 35 Ill. Adm. Code 103.203(a).
    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 21st day of December 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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