1. NOTICE OF FILING
    2. RESPONDENTS’ MOTION TO AMEND THE DISCOVERY SCHEDULE
    3. HEARING OFFICER ORDER
    4. EXHIBIT A
    5. BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    6. CERTIFICATE OF SERVICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
NATIONAL MATERIAL L. P., an
Illinois limited partnership,
dlb/a NATIONAL LAMINATION
COMPANY, and. NM HOLDING,
INC.,
a Nevada corporation,
)
RE
C E ~V E ID
CLERK’S
OFF!CE
SEP
22
2003
STATE OF
ILLINOiS
Pollution control Board
Respondents.
)
NOTICE OF FILING
TO:
VIA FACSIMILE
and U.S. MAIL
BradleyP. Halloran, Hearing Officer
Illinois Pollution Control Board
James
R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, IL 60601
Fax:
814-3669
VIA FACSIMILE and U.S. MAIL
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, IL 60601
VIA FACSIMILE
and U.S. MAIL
Paula Becker Wheeler
Assistant Attorney General
Office of the Attorney General
Environmental Bureau
188 W. Randolph Street, Suite 2001
Chicago, IL 60601
PLEASE TAKE NOTICE that
on September
22, 2003, the undersigned
filed the
attached Motion to Amend the Discovery Schedule with the
Clerk of the Pollution Control
Board.
A copy of this document is attached and served upon you herewith.
Michele Sibley Gonzales
Holland
& Knight LLC
131
S. Dearborn Street,
30th
Floor
Chicago, IL 60603
(312) 236-3600
# 1208825_vi
NATIONAL MATERIAL L.P. dfb/a NATIONAL
LAMINATION CO. an~N
HOLDING,
INC.
By:~\j&
~
~he~irney
GP~ja1~s
11
V.
)
)
)
)
PCB 0 1-02
(Enforcement)
**S~J~MITTED
ON RECYCLED PAPER**
.R iS
~~7ED
CLERK’S
OFF~CE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD~
92
~Lr
‘~
U
PEOPLE
OF THE
STATE
OF ILLINOIS,
)
STATE OF
ILLINOIS
)
Pollution
Control Board
Complainant,
)
)
v.
)
No. PCB 01-02
)
NATIONAL
MATERIALS
L.P.,
an
)
(Enforcement
-
Air)
Illinois
limited
partnership,
)
cl/b/a NATIONAL LAMINATION
)
COMPANY, and NM HOLDING, INC.,
)
a Nevada corporation,
)
)
Respondents.
)
RESPONDENTS’ MOTION TO AMEND THE DISCOVERY
SCHEDULE
Respondents,
NATIONAL
MATERIAL
L.P.
cl/b/a
NATIONAL LAMINATION
CO., and NM HOLDING, INC., by their attorneys, move for entry ofan order
amending the initial discovery schedule in this matter, as follows:
1.
This matter arises out of Respondents’ voluntary disclosure of its non-
compliance
with certain regulations.
After
rejecting
Respondents’
Compliance
Commitment Agreement,
Complainant filed this
action and in January
2003,
Complainant
amended its Complaint.
The first four counts of the five count
Amended Complaint are not contested and the parties have been attempting
to
resolve, at a minimum, the uncontested
counts.
2.
On July
2,
2003, a Hearing
Officer Order was entered setting a
discovery schedule in this matter.
All
written
discovery was to be served by July
21, 2003, with responses provided by August 29,
2003.
Depositions of non-expert
witnesses
were to be completed by October
17,
2003 and expert depositions were to
be completed by November 21, 2003.
All discovery was scheduled to be completed
by December 31, 2003.
(Order attached hereto as Exhibit A.)
3.
On or around September
11,
2003, during a telephone
conference
between counsel for Complainants, Paula Becker Wheeler, and counsel for
Respondents,
Michele Sibley Gonzales, Ms. Wheeler advised she had not yet
received discovery requests or responses
from Respondents.
4.
On Wednesday, September
17, 2003,
Respondents’ counsel requested
that
Complainant’s counsel agree to an extension ofthe initial
discovery deadlines
however the parties
were unable to reach an agreement regarding the same.
5.
Through mere inadvertence, the written
discovery deadlines were not
met by counsel for Respondents.
Following a law firm merger and move to new
offices in March,
2003,
Ms. Gonzales was assigned this matter in late spring,
as
well as being assigned as the attorney
primarily responsible for approximately
24
other files, in addition to her regular case load.
Ms. Gonzales has also been
involved in preparing for trial
as lead counsel in a matter originally set to
commence trial on July
7,
2003,
which has since been continued,
entitled
Basile
v.
Haggerty
Pontiac,
General Motors Corporation,
et al.,
DuPage County Case
No. 01
CH 1186.
See Affidavit of Michele Sibley Gonzales, attached hereto as Exhibit
B.
6.
While an office move and a sudden increase in caseload is not
dispositive ofthis
motion, the facts set forth in Paragraph
3, indicate that
Ms.
Gonzales’ failure to meet the initial discovery schedule in this matter
was not
intentional, but rather was a result of mere inadvertence.
2
7.
There has been no trial date set in this matter.
8.
This is the first request by Respondents to amend the initial
discovery
schedule in this matter
and this amended discovery schedule is not sought to delay
this matter nor sought for any other improper purpose.
9.
Complainants
will not suffer any undue hardship
or prejudice as a
result of this amended
discovery schedule as there has no trial date set and the
parties can still
complete discovery by the original discovery completion date of
December 31,
2003.
10.
For this reason,
Respondents request that the initial
discovery
schedule be amended,
as follows:
(1) Respondents must
serve their discovery requests
upon Complainant
by Wednesday, September 24,
2003;
(2) Respondent to provide its written
discovery responses
to Complainants’
initial discovery by October
13, 2003;
(3) Depositions
ofall non-experts to be completed by November 17,
2003;
(4) Depositions
ofall experts to be completed by December 24,
2003;
(5) All discovery shall be completed by December 31,
2003.
3
WHEREFORE, Respondents,
National Material L.P.
cl/b/a/ National
Lamination Company, and NM Holding,
Inc., requests this Motion to Amend the
Initial
Discovery Schedule be granted and that
an order be entered setting forth the
amended schedule as set forth in Paragraph
10
above.
Respect~u1lysubmitted,
NATIONAL
MATERIAL
L.P.,
cl/b/a
NATIONAL LAMINATION
COMPANY
NM HOLDING, INC.
By:
Michele Sibley
onzales
4
CLER~5
Cmc
ILLINOIS POLLUTION CONTROLBOARD
July 2, 2003
JUL
2
2003
PEOPLE OF THE STATE OF
ILLINOIS,
)
STATE OF IWNOIS
)
P01/Ut
lOfl
Control
Board
Complainant,
)
)
v.
)
PCBO1-2
)
(Enforcement
-
Air)
NATIONAL MATERIAL L. P.,
an
Illinois
)
•
limited
partnership dlb/a NATIONAL
)
•
LAMINATION COMPANY,
and NM
)
HOLDING, INC., a
Nevada corporation,
)
)
Respondents.
)
HEARING OFFICER ORDER
On June 20,
2003, the
parties submitted an agreed discovery
schedule.
The discovery
•
schedule is accepted to the extent as follows: all written discovery to be served on or before
July 21, 2003; responses
to written discovery to be served on or before August 29, 2003;
depositions of all non-experts
to be completed on or before October 17, 2003; depositions of all
expert~
to be completed on or before November 21, 2003; all discovery to be completed on or
before December 31, 2003.
The parties are reminded that a telephonic status conference is
set for July
17,
2003, at
10:45
a.m.
The status conference must be initiated by the complainant, but each party is
nonetheless responsible for its own appearance.
At the status conference, tl~eparties must be
prepared to discuss the status of the above-captioned matter and their readiness forhearing.
The
parties are to discuss outstanding discovery and propose possible hearing dates at the next status
conference.
IT IS
SO ORDERED.
Bradley P. Hallor~
Hearing Officer
Illinois Pollution Control Board
James R.
Thompson Center,
Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
312.814.8917
EXHIBIT A
2
CERTIFICATE OF SERVICE
It is herebycertified that true copies ofthe foregoing order were mailed, first
class,
to each ofthe following on July 2,
2003:
Mark J. Steger
Holland & Knight LLC
131
S. Dearborn Street
30th Floor
Chicago, IL
60603
Cyrus Tang, President
NM Holding, Inc.
3773 Howard Hughes Parkway
Suite 350N
Las Vegas, NV 89109
Paula Becker-Wheeler
Assistant Attorney General
Office of the Attorney General
Environmental Bureau
188
W. Randolph Street
20th Floor
Chicago, IL
60601
It is hereby certified that a true copy ofthe foregoing order was hand delivered to
the following on July 2, 2003:
DorothyM. Gunn
Illinois Pollution Control Board
James R.
Thompson Center
100
W. Randolph St.,
Ste.
11-500
Chicago, Illinois 60601
\~I~
~5i~-k~’
t~d~~VJ’
Bradley P. Hallora\~
Hearing Officer
Illinois Pollution Control Board
James R.
Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
312.814.8917
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE
OF THE STATE
OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
No. PCB 01-02
)
NATIONAL MATERIALS
L.P.,
an
)
(Enforcement
-
Air)
Illinois limited partnership,
)
d/b/a
NATIONAL LAMINATION
)
COMPANY, and NM HOLDING, INC.,
)
a Nevada corporation,
)
)
Respondents.
)
AFFIDAVIT
OF
MICHELE SIBLEY
GONZALES
I,
MICHELE
SIBLEY
GONZALES, being first
duly
sworn
upon
oath,
state
that if I were called to testify in
this matter,
based
on personal knowledge, I would
testify as follows:
1.
I am the
attorney
primarily
responsible
for the trial
of this
matter
on
behalf
of
Respondents,
NATIONAL
MATERIALS
L.P.
cl/b/a
NATIONAL
LAMINATION
CO.,
and
NM
HOLDING,
INC., with
the
assistance
of my partner,
Mark Steger.
2.
On or around September 11,
2003, during a telephone conference
between counsel for Complainants, Paula Becker Wheeler, and counsel for
Respondents,
Michele Sibley Gonzales, I realized that I had in advertently failed to
meet the initial written discovery deadlines
set forth in the order entered
on July
2,
EXHIBIT B
2003 when Ms. Wheeler advised me that she had not yet received discovery
requests or responses from Respondents.
3.
On Wednesday,
September
17,
2003, I requested that
Complainant’s
counsel agree to an extension of the initial
discovery deadlines however the parties
were unable to reach an agreement regarding the
same.
4.
Through mere inadvertence, I failed to comply with the initial
the
written discovery deadlines.
While I regret the circumstances leading to this
situation,
the missed deadline was a matter
ofmere indavertence
and not
intentional delay.
Since my law firm merger and move to new offices in March,
2003,
I was assigned this matter in late
spring,
as well as approximately 24 other
files, in addition to my regular case load.
5.
In late June and early July, 2003 I was also involved in preparing for
trial as lead counsel in
a matter originally set to commence trial
on July
7, 2003,
which has since been continued, entitled
Basile
v.
Haggerty Pontiac,
General Motors
Corporation,
et al.,
DuPage County Case No. 01
CH 1186.
6.
This
is
Respondents’
first
request
to
amend the
discovery schedule in
this
matter
and
this
request
is
not
sought
to delay
this
matter
or
sought
for any
other improper purpose.
2
FURTHER AFFIANT SAYETH NAUGHT.
STATE
OF ILLINOIS
)
SS
Michele Sibley Go
COUNTY OF COOK
)
SUBSCRIBED and
SWORN to before
me a Notary Public this
‘~Z~
day
of September,
2003.
M~sirs:
~/I3/2Ii6
# 1208691_vi
“OFFJCL~
L
SEAL”
Peggy S.
~rphy
Notary Public,
S
of illinois
My
Commission
Exp
3,2005
3
CERTIFICATE OF SERVICE
I, Michele Sibley Gonzales, an attorney in this matter,
do certify that
on this
22nd
day
of September
2003,
I caused
to be served
the
foregoing
Notice of Filing
and
Respondents’
Motion
to
Amend
the
Discovery
Schedule,
upon
the
person
named within by facsimile and U.S. Mail.
#
1208584_vi
5

Back to top