BEFORE THE ILLINOIS POLLUTION CONTROL BOARDRECE1~VED
CLERK’S OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
)
JUL
12003
Complainant,
STATE OF
ILLINOIS
)
PCB NO. 00-104
Pollution Control Board
)
(Enforcement)
THE HIGHLANDS, LLC, an Illinois limited
liability corporation, MURPHY FARMS, INC.,
a/k/a MURPHY FAMILY FARMS, a North
Caroline corporation, and BION
TECHNOLOGIES, INC., a Colorado corp.,
Respondents.
)
NOTICE OF FILING
To:
Mr. Frank H. Hackmann, Esq.
Mr. Charles M. Gering, Esq.
Sonnenschein Nath & Rosenthal
McDermott, Will & Emery
One Metropolitan Square
227 West Monroe Street
Suite 3000
Chicago, IL 60606-5096
St. Louis, MO 63102
PLEASE TAKE NOTICE that on this date I mailed for filing with the Cleric of the Pollution
Control Board of the State of Illinois, COMPLAINANT’S MOTION FOR EXTENSION OF TIME
WITHIN WHICH TO RESPOND TO RESPONDENT HIGHLAND’S MOTION FOR SUMMARY
JUDGMENT ON COUNT I OF THE AMENDED COMPLAINT, a copy of which is attached hereto
and herewith served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General of the
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:
JANE E. McBRIDE
i~
V~k
~
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: June 27, 2003
CERTIFICATE OF SERVICE
I hereby certify that I did on June 27, 2003, send by First Class Mail, with postage thereon
fully prepaid, by depositing in a United States Post Office Box a true and correct copy of the
following instruments entitled COMPLAINANT’S MOTION FOR EXTENSION OF TIME WITHIN
WHICH TO RESPOND TO RESPONDENT HIGHLAND’S MOTION FOR SUMMARY
JUDGMENT ON COUNT I OF THE AMENDED COMPLAINT
To:
Mr. Frank H. Hackmann, Esq.
Mr. Charles M. Gering, Esq.
Sonnenschein Nath & Rosenthal
McDermott, Will & Emery
One Metropolitan Square
227 West Monroe Street
Suite 3000
Chicago, IL 60606-5096
St. Louis, MO 63102
(Via facsimile (312) 984-7700)
(Via facsimiIe.~(314)259-5959
and the original and ten copies by First CI8ss Mail with postage thereon fully prepaid of the
same foregoing instrument(s):
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
A copy was also sent by First Class Mail with postage thereon fully prepaid
To:
Mr. Brad Halloran, Hearing Officer
Illinois Pollution Control Board
State of Illinois Center, Ste. 11-500
100 West Randolph
Chicago, IL 60601
(Via facsimile (312) 814-3669)
Jane E. McBride
Assistant Attorney General
This filing is submitted on recycled paper.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
LERR’S
OFFICE
PEOPLE OF THE STATE OF ILLINOIS
)
)
JUL.
120Q3
Complainant,
)
/
pollution
0
‘ATE
OF
~
ILLINOJ
v.
)
PCB No. 00-104
Ofltro/ Board
)
(Enforcement)
THE HIGHLANDS, LLC, an Illinois limited
)
liability corporation, and MURPHY
)
FARMS, INC., (a division of MURPHY-
)
BROWN, LLC, a North Carolina limited
)
liability corporation, and SMITHFIELD
)
FOODS, INC., a Virginia corporation).
)
Respondents.
)
COMPLAINANT’S MOTION FOR EXTENSION OF TIME WITHIN WHICH TO RESPOND TO
RESPONDENT HIGHLAND’S MOTION FOR SUMMARY JUDGMENT
ON COUNT I OF THE AMENDED COMPLAINT
NOW COMES, Complainant, PEOPLE OF THE STATE OF ILLINOIS, ox
rel.
Lisa
Madigan, Attorney General of the State of Illinois, and moves the Hearing Officer for an
extension of time within which to respond to Respondent’s Motion for Summary Judgment on
Count I of the Amended Complaint and, in support thereof, states as follows:
1.
Complainant received Respondent’s Motion for Summary Judgment on Count I
of the Amended Complaint on June 17, 2003.
2.
Although counsel for the Complainant has been working diligently in the
preparation of a response to the motion, Complainant requires additional time to prepare its
response.
3.
On June 26 and June 27, 2003, counsel for Complaint exchanged voice phone
messages with counsel for Respondent Highlands regarding whether or not Respondent
Highlands would have an objection to Complainant’s request for additional time. Mr. Jeffrey W.
Tock, counsel for The Highlands, indicated he had no objection to a two-week extension of
time.
WHEREFORE, Complainant respectfully request that the time within which it is required
to respond to Respondent’s Motion for Summary Judgment on Count I of the Amended
Complaint be extended through Friday July 11, 2003.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
ex reL JAMES E. RYAN, Attorney General
of the State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement Division
BY: ______________________
,/
JANE E. MCBRIDE
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
2