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BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
JUN
2 0
2003
GNA PATTERMANN,
)
PollutionSTATE
OFControlILLINOISBoard
Complainant,
)
)
V.
)
PCBNo.99-187
)
(Citizens Enforcement
-
Noise, Air)
BOUGHTON TRUCKING AND
)
MATERIALS, INC.,
)
)
Respondent.
)
NOTICE OF FILING
TO:
See Attached Certificate of Service
Please take notice that on June 20, 2003, I filed with the Illinois Pollution Control Board
this Notice of Filing, Motion For Leave to File Instanter, Respondent’s Reply to Plaintiffs
Response to Motion for Discovery Sanctions, and Affidavit ofAttorney, copies ofwhich are
attached and hereby served upon you.
Dated: June 20, 2003
BOUGHTON TRUCKING AND MATERIALS, INC.
By:
~
Mark R. Ter Molen, Esq.
Patricia F. Sharkey, Esq.
Kevin G. Desharnais, Esq.
MAYER, BROWN, ROWE & MAW
190 S. LaSalle Street
Chicago, Illinois 60603
(312) 782-0600
THIS DOCUMENT HAS BEEN PRINTED ON RECYCLED PAPER
ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
GINA PATTERMANN,
)
JUN 20 2003
v.Complainant,
))
(Noise,PCB
99-187Air)
Pollution
STATE OFControlILLINOIS
Board
)
BOUGHTON TRUCKING AND
)
MATERIALS, INC.,
)
)
Respondent.
)
MOTION FOR LEAVE TO FILE INSTANTER
REPLY TO PLAINTIFF’S RESPONSE TO MOTION FOR DISCOVERY SANCTIONS
NOW COMES Respondent, Boughton Trucking and Material, Inc. (“Boughton”), by its
attorneys, Mayer, Brown, Rowe & Maw, and moves the Board for Leave to File Instanter the
attached (and previously filed) Reply to Plaintiffs Response to Motion for Discovery Sanctions.
In support thereof, Respondent states as follows:
1.
On June 10, 2003, Plaintiff filed a Response to Respondent’s Motion for
Discovery Sanctions together with the appearances ofher new attorneys.
2.
Plaintiffs Response contains new and unsupported factual allegations and
arguments which require a Reply.
3.
Plaintiffs Response also misconstrues certain case law and hearing officer orders,
and, on that basis, also requires a Reply.
4.
Respondent’s Reply is necessary to fully inform the Board ofthe facts and law in
this case.
THIS DOCUMENT HAS BEEN PRINTED ON RECYCLED PAPER
5.
Respondent originally filed the attached Reply without a Motion for Leave to File
on June 17, 2003. For the convenience ofthe Board, Respondent is filing anothercopy of that
same Reply with this motion.
6.
This motion is filed within 14 days after service ofPlaintiffs June 10, 2003
Response and thus is timely under Section 10
1.500(e).
WHEREFORE, Respondent moves the Board for leave to file instanter the attached
Reply to Plaintiffs Response to Motion for Discovery Sanctions.
Respectfully submitted,
Date:________
__________________
Bough on Trucking and Material, Inc.
By One of Its Attorneys
Patricia F. Sharkey
Mayer, Brown, Rowe & Maw
190 South LaSalle Street
Chicago, IL 60603
312-782-0600
Attorney Registration No. 6181113
THIS DOCUMENT HAS BEEN PRINTED ON RECYCLED PAPER
STATE OF ILLINOIS
)
)
SS
COUNTY OF COOK
)
AFFIDAVIT OF ATTORNEY
The undersigned, Patricia F. Sharkey, being first duly sworn upon oath states that she is
one of the attorneys for the Respondents in this action, Gina Pattermann v. Boughton Trucking
and Materials. Inc., PCB 99-187, and that based upon her personal knowledge and investigation
of the facts stated in the attached Motion For Leave to File Instanter Respondent’s Reply to
Plaintiffs Response to Motion for Discovery Sanctions, certifies her knowledge and belief that
the allegations contained in this Motion for Leave to i e are true in substance and in fact.
PAT~~\~~\\
STATE OF ILLINOIS
)
)
SS.
COUNTY OF COOK
)
Signed and sworn to by Patricia F. Sharkey, who is personally known to me and appeared
before me, a Notary Public, in and for the County of Cook, State ofIllinois, on this 20th day of
June, 2003, in order to affix her signature as her free and voluntary act.
Notary Public
Patricia F. Sharkey
Attorney for Respondents
Mayer, Brown, Rowe & Maw
iAnnette Ka e
190 South LaSalle Street
?
Notary
PUbII ~
ois 60603
L~
Co~j,~
:te.~inOis
THIS DOCUMENT HAS BEEN PRINTED ON RECYCLED PAPER
CERTIFICATE OF SERVICE
Patricia F. Sharkey, an attorney, hereby certifies that a copy ofthe attached Notice of
Filing, Motion For Leave to File Instanter, Respondent’s Reply to Plaintiffs Response to Motion
for Discovery Sanctions, and Affidavit ofAttorney was served on the persons listed below by
Same Day Delivery or Overnight Delivery service, as indicated below on June 20, 2003.
Bradley Halloran
Illinois Pollution Control Board
100 West Randolph Street
Chicago, IL 60601
(Same Day Delivery)
Gina Pattermann
4439 Esquire Circle
Naperville, IL 60564
(Overnight Delivery)
Roger D. Rickmon
Tracy, Johnson, Bertani & Wilson
116 North Chicago Street
Sixth Floor, Two Rialto Square
Joliet, IL 60432
(Overnight Delivery)
Michael S. Blazer
Matthew E. Cohn
The JeffDiver Group, LLC
1749 S. Naperville Road, Suite #102
Wheaton, IL 60187
(Overnight Delivery)
Patr ia”F. Sharkey
Patricia F. Sharkey
Attorney for Respondents
Mayer, Brown, Rowe & Maw
190 South LaSalle Street
Chicago, Illinois 60603
312-782-0600
THIS DOCUMENT HAS BEEN PRINTED ON RECYCLED PAPER