1. NOTICE OF FILING
      2. THIS DOCUMENT SUBMITTED ON RECYCLED PAPER
      3. PETITIONER’S MOTION FOR EXTENSION OF TIME
      4. CONCLUSION
      5. THIS DOCUMENT SUBMITTED ON RECYCLED PAPER
      6. CERTIFICATE
      7. THIS DOCUMENT SUBMITTED ON RECYCLED PAPER
RE CE
~V E
~
CLERK’S OFF~P
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
DEC
3
0
2003
STATE OF
ILLINOIS
PEOPLE OF THE
STATE OF ILLINOIS,
)
Pollution
Control Board
BY
LISA MADIGAN,
ATTORNEY GENERAL
)
OF THE STATE OF ILLINOIS,
)
)
COMPLAINANT,
)
)
PCB
No.
02-186
vs.
)
)
(ENFORCEMENT
-
AIR)
PERFETTI VAN MELLE U.S.A. INC.,
)
A
DELAWARE
CORPORATION,
)
)
RESPONDENT.
)
NOTICE
OF FILING
PLEASE
TAKE
NOTICE
that
I have
today
filed
with
the
Office
of the
Clerk
of the
Pollution
Control
Board
the
Petitioner’s
Motion
for Extension
of Time,
a
copy
of which
is
herewith served upon you.
Respectfully submitted,
PERFETTI VAN MELLE USA, NC.
By:
Dated: December 29, 2003
Jon S. Faletto
Attorney for Respondent
Howard & Howard Attorneys, P.C.
One Technology Plaza, Suite 600
211 Fulton
Street
Peoria, IL
61602-1350
(309) 672-1483
G:\t-v\van
melle\caa (2)\pld\Notice of Filing
12-29-03.doc
(16168-3)
for Respondent
THIS DOCUMENT
SUBMITTED ON RECYCLED PAPER
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERKS
OFFICE
DEC
302003
PEOPLE OF THE STATE
OF ILLINOIS,
)
~
LISA MADIGAN,
ATTORNEY GENERAL
)
STATE OF
ILLINOIS
OF THE STATE
OF ILLINOIS,
)
Pollution
Control Board
)
COMPLAINANT,
)
)
PCB No. 02-186
vs.
)
)
(ENFORCEMENT
-
AIR)
PERFETTI VAN MELLE U.S.A. NC.,
)
A DELAWARE
CORPORATION,
)
)
RESPONDENT.
)
PETITIONER’S MOTION FOR EXTENSION OF TIME
Respondent,
PERFETTI
VAN
MELLE
U.S.A.
INC.,
by
and
through
its
attorneys,
pursuant
to
Section
101.500(d) of the Illinois
Pollution
Control Board’s Procedural Regulations,
and
presents this
Motionfor Extension of Time
to
respond to
Complainant’s Motion to
Strike or
Dismiss Respondent’s Affirmative Defenses.
In support ofPetitioner’s
Motion for Extension of
Time, Respondent states as follows:
1.
On or about December 24, 2003, the Complainant, PEOPLE OF THE
STATE OF
ILLINOIS,
filed
its
Complainant’s
Motion
to
Strike
or
Dismiss
Respondent’s
Affirmative
Defenses
(hereafter
“Complainant’s
Motion)
seeking
to
strike
or
dismiss
the
Affirmative
Defenses raised by Respondent
in its Answer filed on November 21, 2003.
2.
Complainant’s Motion was received by Counsel for Respondent on December 29,
2003.
3.
Complainant’s Motion raises a number of significant
legal
and
factual issues that
must be addressed by Respondent.
Those issues will entail coordination
with representatives for
Respondent and legal research to verify the accuracy of the legal arguments and case law cited in
Complainant’s Motion.
THIS DOCUMENT SUBMITTED
ON RECYCLED PAPER
1
4.
Section
101.500(d)
provides
that
Respondent may
file
a
response
to
Petitioner’s
Motion
but
must
do
so
within
fourteen (14)
days
after
service.
Consequently,
Respondent’s
Response to
Complainant’s Motion would be due on
or before January 7, 2004, unless the Board
granted the Respondent additional time to respond.
5.
Due to
the Christmas
and New Year’s Day holiday
season, representatives of the
Respondent that must be
involved
in preparation of any
Response to
Complainant’s Motion
are
not
available.
Consequently,
the Respondent requests
an
additional
fourteen (14)
days within
which
to
file
its
Response
to
Complainant’s
Motion
pursuant
to
the
authority
of
Section
101.500(d).
If the Board
grants
Respondent’s
Motion
for an
Extension
of Time,
Respondent
must file its Response on orbefore January 21, 2004.
CONCLUSION
For
the reasons
set
forth
above,
Respondent respectfully
requests
a
fourteen (14)
day
extension oftime up
to and including January 21,
2004,
within which to
file its
Response to the
Complainant’s Motion to
Strike or Dismiss Respondent’s Affirmative Defenses.
Respectfully submitted,
VAN MELLE USA INC.
By:_____
n
S.
alett
,
Attorney for Respondent
Jon
S. Faletto
Howard & Howard Attorneys, P.C.
One Technology Plaza, Suite 600
211
Fulton Street
Peoria,
IL
61602-1350
(309) 672-1483
(309) 672-1568 Fax
jeng:\t-v\van melle\caa (2)\pld\motion_for_ext_ofjime_12-29-03.doc
THIS DOCUMENT SUBMITTED ON RECYCLED PAPER
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE
OF THE STATE OF
ILLINOIS,
BY
LISA MADIGAN,
ATTORNEY GENERAL
OF THE
STATE OF ILLINOIS,
COMPLAINANT,
VS.
PERFETTI VAN MELLE U.S.A. INC.,
A DELAWARE CORPORATION,
RESPONDENT.
)
)
)
)
)
)
)
)
)
)
)
)
CERTIFICATE
PCB No. 02-186
(ENFORCEMENT
-
AIR)
OF
SERVICE
I, the undersigned, hereby certify that on this
29th
day of December, 2003, I have served the
attached Petitioner’s Motion for Extension ofTime, by depositing same via overnight delivery to:
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James
R.
Thompson Center
100 West Randolph, Suite
11-500
Chicago,
IL
60601
and via first-class mail to:
Joel J. Sternstein
Assistant Attorney General
Environmental Bureau
Office of the Illinois Attorney General
188 West Randolph Street,
20th
Floor
Chicago, IL
60601
Jon S. Faletto
Howard & Howard Attorneys, P.C.
One Technology Plaza, Suite 600
211 Fulton
Street
Peoria, IL
61602
(309) 672-1483
jen;g:\t-v\van
rnelle\caa (2)\pld\motion_forext_oLtime_12-29-03.doc
Honorable Bradley J. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, IL
60601-3218
Jon~~9~
Att~~y
for Respondent
THIS DOCUMENT
SUBMITTED ON RECYCLED PAPER
3

Back to top