ILLINOIS POLLUTION CONTROL. BOARD
    February
    8,
    1990
    THOMAS
    S. FREDETTE,
    Complainant,
    v.
    )
    PCB 89-61
    (Enforcement)
    VILLAGE OF BEECHER,
    Respondent.
    ORDER OF THE BOARD
    (by S.
    Marlin):
    This matter comes before the Board on Complainant Thomas
    A.
    Fredette’s Motion for Judgement
    by Default
    filed January 16,
    1990.
    The Complainant asks that
    a default
    be entered against
    the
    Respondent Village of
    Beecher due to their
    failure to comply with
    the Hearing Officer’s Order
    of December
    13,
    1989.
    That Order
    concerned discovery
    requests made pursuant
    to Board
    rules
    on
    November
    29,
    1989.
    The Board notes that neither
    the Hearing Officer Order
    nor
    any relevant
    facts pertaining
    to the conditions
    of that Order are
    contained
    in or appended
    to the Complainant’s Motion.
    The Board
    also observes that judgements by default are not favored and are
    avoided absent compelling
    reasons.
    Therefore,
    to the extent that
    Complainant’s Motion requests
    relief in the form of
    a default
    for
    Respondent’s failures to comply with the Hearing Officer’s
    discovery order,
    the sparse record presented to the Board does
    not support
    such drastic relief and
    the motion
    is denied.
    The Board considers
    a party’s
    failure to comply with Hearing
    Officer Orders a serious matter.
    Therefore,
    to the extent that
    the Complainant vishes to
    refile his motion accompanied by a copy
    of the Hearing Officer’s Order and with properly supported
    allegations
    of fact not otherwise contained
    in the
    record,
    leave
    is granted
    to do so.
    The Hearing Officer may also wish
    to
    supplement
    the Board record with information avaiable
    solely to
    him which has a bearing
    on this matter.
    IT
    IS SO ORDERED.
    Board Member
    S. Anderson dissented.
    I OR—21
    —2—
    I, Dorothy
    M. Gunn,
    Clerk
    of the Illinois Pollution Control
    Board,
    hereby certify that the above Opinion and Order
    was
    adopted on
    the
    ~‘~t~i
    day of
    ~
    ~
    ,
    1990,
    by a vote
    of~/.
    //
    /~~_J
    borothy M.1~unn, Clerk
    Illinois P~ollutionControl Board
    illS—?
    2

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