ILLINOIS POLLUTION CONTROL BOARD

May

9, 1986

ILLINOIS ENVIRONMENTAL PROTECTION

)

AGENCY,

)

Complainant,

vs.

)

PCB 85—136

NAVEM PATEL,

et

at,

Respondent.

ORDER OF THE BOARD

(by

J. Anderson):

On April

21, 1986 the Agency moved

for imposition of

sanctions against Respondents Eric Otten and

J.

B.

Johnson on the

grounds that each

1) without notice

or

explanation, recently

failed

to appear at a scheduled deposition session,

and

2) failed

to respond

to November

19, 1985 discovery requests even after

the

Hearing Officer’s February, 1986 entry

of an Order compelling

a

response by April

11,

1986.

These respondents have since filed

no responses

to either

the discovery requests

or

the instant

motion.

The motion for sanctions

is granted.

However,

since

the

Agency made only a general

request for sanctions,

ruling on the

nature

of the sanction

is reserved.

The parties are requested

to

submit briefs suggesting,

with specificity, sanctions appropriate

to the default

on

or before June

2, 1986.

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

____

day of

___________,

1986,

by a vote

of

7—o

Dorothy H. Günn,

Clerk

Illinois Pollution Control Boards

69-376