RECE~VED
CLERK’S OFFICE
BEFORE THE
JAN
1
~
2004
ILLINOIS POLLUTION CONTROL BOARD
STATE
OF
ILLINOIS
Pollution Control Board
GiNA PATTERMANN,
)
)
Complainant,
)
)
v.
)
PCB No. 99-187
)
(Citizens Enforcement
-
Noise, Air)
BOUGHTON TRUCKiNG AND
)
MATERIALS, INC.,
)
)
Respondent.
)
NOTICE
OF FILING
TO:
See Attached Certificate ofService
Please take notice that on January
15,
2004, I filed with the Illinois Pollution Control
Board an original and four copies ofthis Notice ofFiling and the attached Boughton’s Motion to
Hearing Officer Requesting Additional Time to File Reply Brief, copies ofwhich are attached
and hereby served upon you.
Dated: January
15,2004
BOUGHTON TRUCKING AND MATERIALS, INC.
By:
Oneos
MarkR. Ter Molen, Esq.
Patricia F. Sharkey, Esq.
Kevin G. Desharnais, Esq.
MAYER, BROWN, ROWE & MAW LLP
190 5. LaSalle Street
Chicago, Illinois 60603
(312) 782-0600
THIS DOCUMENT HAS BEEN PRINTED ON RECYCLED PAPER
RECE~VED
CLERK’S
OFFICE
BEFORE
THE
JAN
152004
ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILUNOIS
Pollution Control Board
GINA PATTERMANN,
)
)
Complainant,
)
PCB 99-187
)
v.
)
(Citizen Enforcement
—
)
Noise, Air)
BOUGHTON TRUCKING AND
)
MATERIALS,
INC.,
)
)
Respondent.
)
MOTION TO HEARING OFFICER
REQUESTING ADDITIONAL TIME TO FILE REPLY BRIEF
NOW COMES Respondent, Boughton Trucking and Materials, Inc. (“Boughton”), by its
attorneys, Mayer, Brown, Rowe & Maw LLP, and requests that the Hearing Officer allow
Boughton an
additional twelve days to file its Reply Brief to the Plaintiff’s late Response Brief.
In support thereof, Respondent states:
1.
Pursuant to the Hearing Officer’s
order of September
25,
2003
setting the briefing
schedule, dispositive motions were due by November
10, 2003 and briefs responding to such
motions were due on December 17, 2003.
Replybriefs were made due January 16, 2003.
2.
Respondent filed a Motion for Summary Judgment on November 10, 2003.
3.
Plaintiff did not file a Response Briefnor did she request an extension oftime for
such filing on December 17, 2003.
4.
On December 23, 2003, Respondent filed a motion entitled Motion forBoard
Action on Motion
for SummaryJudgment based on the fact that Plaintiff’s failure to
respond
constituted a waiver ofany objection to
the granting ofthe Motion for Summary Judgment.
THIS DOCUMENT HAS BEEN PRINTED ON RECYCLED PAPER
35 Iii. Admin. Code 101.500(d).
The Plaintiff did not respond to
that Motion and the Board has
not yet acted on that Motion.
5.
On December 29, 2003, twelve days after the due date in the Hearing Officer’s
order, Plaintiff filed a Response Brieftogether with a Motion to
File Instanter.
The Board has
not yet
acted on Plaintiff’s Motion to File Instanter.
6.
Ifthe Board chooses to allow Plaintiff’s Motion to File Instanter and accepts
Plaintiff’s
Response Brief, Respondent has a right to file a Reply Brief and would do
so.
7.
Without knowing whether the Board will allow Plaintiff’s late filing, Respondent
must assume it will need to file a Reply Brief.
8.
Respondent’s time for filing a Reply Brief under the Hearing Officer’s schedule
has been unjustly shortened by twelve days based on Plaintiff’s late filing ofits Response Brief.
Respondent is requesting an extension that is
commensurate with Plaintiffs
delay and consistent
with the time originally allowed forthe Reply Briefunder the Hearing Officer’s order.
WHEREFORE, Respondent moves the Hearing Officer to grant it an additional twelve
days or until January 28, .2004 to file its Reply Brief.
Res~cf
y submi
ed,
\\
.
January
15, 2004
__________________________
BougMpn Truc
ing and Materia
,
Inc.
By One ofIts Attorneys
Patricia F. Sharkey
Kevin Deshamais
Mark R. Ter Molen
Mayer, Brown, Rowe & Maw LLP
190 South LaSalle Street
Chicago, IL
60603
312-782-0600
Attorney Registration No. 6181113
THIS DOCUMENT HAS BEEN PRINTED ON RECYCLED PAPER
CERTIFICATE OF SERVICE
Patricia F.
Sharkey, an attorney, hereby certifies that a copy ofthe attachedNotice of
Filing and Boughton’s Motion to Hearing Officer Requesting Additional Time to File Reply
Brief, was served on the persons listed below by First Class U.S. Mail, proper postage prepaid,
on
January 15, 2004.
Bradley Halloran
Illinois Pollution
Control Board
100 West Randolph Street
Chicago, IL 60601
(Courtesy Copy)
Michael S. Blazer
Matthew E. Cohn
The JeffDiver Group, LLC
1749 5.
Naperville Road, Suite #102
Wheaton, IL 60187
(U.S. Mail)
Kenneth A. Carlson
Tracy Johnson & Wilson
Sixth Floor, Two Rialto Square
116 North Chicago Street
Joliet, IL 60432
(U.S. Mail)
Pat~ci~
F. ~harkey
Patricia F. Sharkey
Attorney for Respondents
Mayer, Brown, Rowe & Maw LLP
190
South LaSalle Street
Chicago, Illinois
60603
312-782-0600
THIS DOCUMENT HAS BEEN PRINTED ON RECYCLED PAPER