RE
CEIV
ED
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR~ERKS
OFFICE
MAY 012003
CITY OF KANKAKEE,
Petitioner,
V.
COUNTY
OF KANKAKEE, COUNTY
BOAR) OF KANKAKEE, and WASTE
MANAGEMENT OF ILLINOIS, INC.,
Respondents.
MERLiN KARLOCK,
Petitioner,
V.
COUNTY OF KANKAKEE, COUNTY
BOARD OF KANKAKEE, and WASTE
MANAGEMENT OF ILLiNOIS, iNC.,
Respondents.
MICHAEL WATSON,
Petitioner,
V.
COUNTY OF KANKAKEE, COUNTY
BOARD OF KANKAKEE, and WASTE
MANAGEMENT OF ILLINOIS, iNC.,
Respondents.
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STATE OF ILLINOIS
PCB 03-03-125
Pollution Control
Board
(Third-Party Pollution Control
Facility Siting Appeal)
PCBO3-l33
(Third-Party Pollution Control
Facility Siting Appeal)
PCB 03-134
(Third-Party Pollution Control
Facility Siting Appeal)
PCB
03-135
(Third-PartyPollution Control
Facility Siting Appeal)
KEITH RUNYON,
Petitioner,
V.
COUNTY OF KANKAKEE, COUNTY
BOARD OF KANKAKEE, and WASTE
MANAGEMENT OF ILLINOIS, INC.,
Respondents.
365043
NOTICE OF FILING
TO:
See Attached Service List
PLEASE TAKE NOTICE that on May 1, 2003, we filed with the Illinois Pollution Control
Board, the attached Waste
Management of Illinois,
Inc.’S Motion
to Quash
Petitioner
Merlin
Karlock’s Notice
to Produce At Time of
Hearing, in the above entitled matter.
WASTE MANAGEMENT OF ILLINOIS, INC.
By
Donald J. Moran
Lauren Blair
PEDERSEN & HOUPT
Attorneys for Petitioner
161 N. Clark Street
Suite 3100
Chicago, IL 60601
Telephone: (312) 641-6888
One of Its Attorneys
365043
This DocumentIs Printed on Recycled Paper
PROOF OF SERVICE
Nadia I. Mirza, a non-attorney, on oath states that she served the foregoing, Waste
M~inagement
of
Illinois,
Inc.’S Motion toQuash Petitioner Merlin Karlock’s Notice toProduce
at Time
ofHearing
on addressees listed below on orbefore 1:00 p.m. on the 1st day ofMay, 2003,
by f~tcsimi1eat the facsimile numbers listed below on or before 1:00 p.m. on the 1st day ofMay,
2003:
Ms. Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
10~West Randolph Street, Suite 11-500
Chicago, Illinois 60601
(312) 814-3669 (fax)
George Mueller, Esq.
501
State Street
Ottawa, IL 61350
(815)
433-4705
(815)
433-4913 (fax)
Charles F. Helsten, Esq.
Richard S. Porter, Esq.
Hinshaw & Culbertson
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
(815) 490-4900
(815) 963-9989 (fax)
Elizabeth Harvey, Esq.
Swanson, Martin & Bell
One IBM Plaza
Suite 2900
330 North Wabash
Chicago, IL 60611
(312) 321-9100
(312) 321-0990 (fax)
Kenneth A. Leshen, Esq.
One Dearborn Square, Suite
550
Kankakee, IL 60901
(815)
933-3385
(815)
933-3397 (fax)
L. Patrick Power, Esq.
956
North Fifth Avenue
Kankakee, IL 60901
(815)
937-6937
(815)
937-0056
(fax)
Jennifer J. Sackett Pohlenz, Esq.
175
W. JacksonBoulevard, Suite 600
Chicago, IL 60604
(312) 540-7540
(312) 540-0578 (fax)
Keith Runyon
1165 Plum Creek Drive, Unit D
Bourbonnais, IL 60914
(815)
937-9838
(815)
937-9164 (fax)
Bradley Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11th Floor
Chicago, Illinois 60601
(312) 814-8917
(312) 814-3669 (fax)
KennethA. Bleyer
923 W. Gordon Terrace #3
Chicago, IL 60613
(815)
937-9838
(815)
937-9164 (fax)
Patricia O’Dell
1242An~owheadDrive
Bourbonnais, IL 60914
365043
ThisDocument Is Printed on Recycled Paper
RECEIVED
CLERK’S OFFICE
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
MAY 012003
CITY OF KANKAKEE,
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Petitioner,
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v.
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COUNTY OF KANKAKEE, COUNTY
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BOARD OF KANKAKEE,
and WASTE
MANAGEMENT OF ILLINOIS, INC.,
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Respondents.
MERLIN KARLOCK,
Petitioner,
V.
COUNTY OF KANKAKEE, COUNTY
BOARD OF KANKAKEE, and WASTE
MANAGEMENT OF ILLINOIS, INC.,
Respondents.
MICHAEL WATSON,
Petitioner,
V.
COUNTY OF KANKAKEE, COUNTY
BOARD OF KANKAKEE, and WASTE
MANAGEMENT OF ILLINOIS, INC.,
Respondents.
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STATE OF ILLINOIS
Pollution Control Board
PCB 03-03-125
(Third-Party Pollution Control
Facility Siting Appeal)
PCB 03-133
(Third-Party Pollution Control
Facility Siting Appeal)
PCB 03-134
(Third-PartyPollution Control
Facility Siting Appeal)
PCB 03-135
(Third-Party Pollution Control
Facility Siting Appeal)
KEITHRUNYON,
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Petitioner,
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v.
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COUNTY OF KANKAKEE, COUNTY
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BOARD OF KANKAKEE, and WASTE
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MANAGEMENT OF ILLINOIS, INC.,
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Respondents.
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365038
This Document was Printed on Recycled Paper
WASTE MANAGEMENT OF ILLINOIS, INC.’S MOTION TO QUASH
PETITIONER
MERLIN
KARLOCK’S NOTICE TO PRODUCE
Respondent WASTE MANAGEMENT
OF ILLINOIS,
INC. (“Wtvffl”), by its attorneys,
Pedersen & Houpt, in support of its Motion to Quash Petitioner Merlin Karlock’s Notice to
Produce at Time of Hearing states as follows:
1.
On April 29, 2003, Petitioner faxed a Notice to Produce at Time of Hearing,
requesting Wivifi to produce Donald J. Moran, WMIJ’s attorney of record in this matter, to appear
as a witness at the May
5,
2003 hearing.
2.
Petitioner’s Notice to Produce should be quashed in accordance with the precedent
set by illinois Pollution Control Board (“Board”), as well as in light of the Hearing Officer’s April
24, 2003 ruling in this case barring petitioners from deposing Mr. Moran.
3.
The Board has repeatedly stated that it “is extremely reluctant to require an
attorney of record to testify, without a showing that only that attorney can provide necessary
information.” Citizens Against Regional Landfill (C.A.R.L.) v. The County Board of Whiteside
County, No. PCB 92-156, slip op. at p.15-18 (February
25,
1993); see ~
Gallatin National Co.
v. The Fulton County Board, No. PCB 9
1-256
(June
15,
1992).
4.
In C.A.R.L., the Board, quoting “Jones Commentaries on Evidence”, stated:
The dual relations of attorney and witness in and for a cause on
trial is not compatible with the conception of an attorney as an
officer ofthe court and inclines to disrupt the normal balance of
judicial machinery. It is tolerated at all only because occasionally
proper in the interest ofjustice and because, rather than formulate a
rule of absolute exclusion as has been done in some instances as to
testimony by attorneys on disputed and material issues of fact, the
great majority of the courts prefer to leave the question to the
sound discretion ofmembers of the bar with a threat of scathing
reprimand in case of abuse.
365038
This Document was Printed on Recycled Paper
2
No. PCB
92-156,
slip op., p. 19. The Board further indicated that it is suspicious of
attempts to compel attorneys to act as witnesses because of the ethical dilemma it creates forthe
attorney in light ofthe possibility of disqualification.
4~,.
at 19-20.
5.
In this case, not only has Petitioner failed to provide an explanation as to why he
seeJos to have Mr. Moran testify at the hearing, he has also failed to make a showing, as required
under C.A.R.L, that only Mr. Moran can provide necessary information. For this reason, the
Notice to Produce at Time ofHearing should be quashed.
6.
In addition to the foregoing, Petitioner’s Notice to Produce is simply a transparent
attempt to effect an end-run around the Hearing Officer’s ruling on April 24, 2003 barring Mr.
Moran’s deposition.
WHEREFORE, W.MII requests that the Hearing Officer quash Petitioner Merlin
Karlock’s Notice to Produce at Time ofHearing, and provide such further and other relief as he
deems appropriate.
Respectfully submitted,
Donald J. Moran
Lauren Blair
PEDERSEN & HOUPT
161 North Clark Street
Suite 3100
Chicago, flhinois 60601
(312) 641-6888
365038
This Document was Printed on Recycled Paper
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