ILLINOIS POLLUTION CONTROL BOARD
    December
    18,
    1986
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 85—136
    NAVEM PATEL,
    ERIC OTTEN,
    )
    CLARENCE MITCHELL AND
    )
    J.~.JOHNSON,
    Respondents.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On December
    15,
    1986,
    Respondent Eric Otten
    (“Otten”) filed
    a motion for leave to file motion
    to dismiss, and motion
    to
    dismiss.
    The unverified motion for leave to
    file asserts that
    Otten was unfamiliar with the American legal system and believed
    that his connection with this proceeding was solely that of a
    witness.
    The motion asserts that this belief continued
    until
    November
    29,
    1986, when Otten was informed of his status
    as
    a
    respondent by ~he hearing officer,
    and advised
    to
    retain counsel.
    On December
    18,
    1986 the
    Illinois Environmental Protection
    Agency (“Agency”)
    filed
    an opposition
    to the motion
    for leave
    to
    file.
    That opposition asserts that the motion
    is over one year
    late,
    that hearing has already been delayed
    to allow Otten
    to
    secure counsel, and that
    the
    Agency’s preparation for
    the
    presently scheduled hearing on December
    23,
    1986 would be
    materially prejudiced
    if
    a response
    to the motion
    is required.
    The Agency also asserts material prejudice if hearing
    is delayed.
    The
    Board will grant Otten’s motion for
    leave
    to file but
    will not address the motion
    to dismiss until
    the conclusion of
    this proceeding.
    The Agency will not be required
    to respond
    to
    Otten’s claims that the complaint
    fails
    to state
    a cause of
    action until closing briefs.
    Nothing
    in
    today’s Order
    shall be
    construed as diminishing the parties’
    obligation
    to proceed with
    the December
    23,
    1986
    hearing.
    IT
    IS SO ORDERED.
    74-271
    —2—
    Board Member
    J.
    Theodore Meyer dissented
    I, Dorothy
    M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    /f~-
    day of
    ~
    ,
    1986 by a vote
    of
    .3~—/
    torothy M.~unn, Clerk
    Illinois Pollution Control Board
    74-272

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