CLERR’S OFpi~”j~
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
DEc
2
92003
GINA PATTERMANN
)
STATE
OF ILLINOIS
0//UtIon Controj 13c’ard
Complainant,
PCB 99-187
v.
(Citizen Enforcement,
BOUGHTON TRUCKING AND MATERIALS,
)
INC.
Respondent.
NOTICE OF FILING
To: See Attached Certificate of Service
PLEASE TAKE NOTICE that on the 29th day of December, 2003, the
undersigned caused to be filed with the Office of the Clerk of the Pollution Control Board
the COMPLAINANT’S MOTION FOR LEAVE TO FILE RESPONSE MEMORANDUM
INSTANTER, a copy of which is herewith served upon you.
THE JEFF DIVER GROUP, L.L.C.
By:
Michael S. Blazer
Carrie I. Araujo
THE JEFF DIVER GROUP, L.L.C.
1749 5. Naperville Road, Suite #102
Wheaton, IL 60187
(630) 681-2530
THIS FILING SUBMITTED ON RECYCLED PAPER
RE
CE WE ~
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
GINA PATTERMANN
)
DEC
2
92003
)
STATE OF ILLINOIS
Complainant,
PCB 99-187
Pollution Control Board
V~
(Citizen Enforcement,
BOUGHTON TRUCKING AND MATERIALS,
)
Noise & Air)
INC.
Respondent.
COMPLAINANT’S MOTION FOR LEAVE TO FILE
RESPONSE MEMORANDUM INSTANTER
Now comes Complainant, Gina Pattermann (“Pattermann”), by her attorneys, and
for her Motion for Leave to File her Memorandum in Response to the Motion for
Summary Judgment of Respondent, Boughton Trucking and Materials, Inc.
(“Boughton”) for Discovery Sanctions, states:
1.
Per the briefing schedule set by the Hearing Officer in this matter,
Pattermann’s Memorandum in Response to Boughton’s Motion for Summary Judgment
was due to be filed by December 17, 2003.
2.
Due to circumstances beyond the control of Pattermann’s lead counsel in
this matter, Michael S. Blazer, counsel was unable to file the Response Memorandum
by the due date. These circumstances included the following:
a.
Mr. Blazer’s partner, Jeffery D. Jeep, was hospitalized out of state from
December 15 until December 22. This resulted in a staff shortage at
Mr. Blazer’s firm.
b.
On December 13, Mr. Blazer’s wife, who is also the Office Manager for
Mr. Blazer’s firm and primarily responsible for daily operations, was
THIS FILING SUBMITTED ON RECYCLED PAPER
advised that her sister was being hospitalized the next day, December
14, for kidney and pancreas transplant surgery. Because of this and
resultant family obligations, neither Mr. nor Mrs. Blazer returned to
work full time until December 22.
3.
Although Pattermann’s counsel made every effort to file the Response
Memorandum in a timely fashion, the above events and the subsequent Christmas
holiday rendered this effort impossible. The Response Memorandum has now been
completed and is being tendeced concurrently with this Motion.
4.
Pattermann has not previously sought an extension of time in connection
with this briefing schedule and Boughton would not be prejudiced in any way by the
allowance of the instant Motion. Based on the foregoing, Pattermann asks this Board to
grant her leave to file her Response Memorandum instanter.
Respectfully submitted,
Gina Pattermann
By:
One of her attorneys
Michael S. Blazer
Matthew E. Cohn
The Jeff Diver Group, L.L.C.
1749 S. Naperville Road
Suite 102
Whéaton, IL 60187
630-681 -2530
9
THIS FILING SUBMITTED ON RECYCLED PAPER
CERTIFICATE OF SERVICE
The undersigned hereby certifies that he caused the above and foregoing Notice
of Filing and COMPLAINANT’S MOTION FOR LEAVE TO FILE RESPONSE
MEMORANDUM INSTANTER, all on behalf of the Complainant, to be served via
facsimile transmission upon the following:
Mark R. Ter Molen
Patricia F. Sharkey
Kevin G. Deshamais
Mayer, Brown, Rowe & Maw
190 S. LaSalle Street
Chicago, IL 60603
Fax No. (312) 706-9t13
on this
2gth
day of December, 2003.
THE JEFF DIVER GROUP, L.L.C.
By: ________________
Michael S. Blazer
THIS FILING SUBMITTED ON RECYCLED PAPER