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BEFORE
THE ILLINOIS POLLUTION CONTROL
BOARD
R E
C E ~VE
D
CLERK’S OFFICE
PEOPLE
OF
THE
STATE OF
ILLiNOIS
)
ex rel.
GARY
W.
PACKffi
)
JUN
2120(34
McHenry CountyState’s Attorney,
STATE
OF
ILLiNOIS
)
Pollution Control
Board
Complainant,
)
vs.
)
PCBOI-43
)
(RCRA Enforcement)
MICHAEL STRINGINI,
)
)
Respondent.
)
OBJECTION TO EXTENSION REQUEST
The Complainant objects to the request to extend to June 29, 2004 and in support ofsaid
motion
states:
1,
The request is unclear as to what is being extended, but it is
assumed that Respondent
wants the time for his post hearing brief extended,
2.
No reasons are given as to why the Respondent did not
file a brief In response to
Complainants brief which was filed on April
14, 2004 seven weeks prior to
Respondent’s June 2, 2004 due date.
3.
This case is over three years
old and the charges are twenty years old. A very lenient
briefing schedule was set by the hearing officer in the first place.
4:
While it is true that the Respondent is pro se, he is not disabled
in any way and has
understood all ofthe schedules that have heretofore been ordered.
5.
The request was madeby Respondent only after the hearing officer called David N.
Stone on June 21, 2004 and asked for the Respondent’s telephone number so he could
call and inquire about his failure to file a post hearing brief, stating that since he is pro
se, “the board tends to bend over backwards” apparently referring to concerns that the
Respondent be given a full measure ofdue process.
6.
Due process is to be applied to all ofthe litigants, not just the pro se litigants.
7.
It would be an abuse ofdiscretion for the hearing officer or the board. to grant an
extension.
8.
This Respondent has been givenmore than “full due process” in this case,
9.
Its time for the People to be given a measure of“due process” by denying this very
late request for extension.
H~CI—:)4
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Respectfully submitted,
GARYW.P
McHe
ounty
tat&s Attorney
By
D~v~d
Assistant States Aftomey
DATE:
June 21,
2003
Gary W. Pack, MeHenry County State’s Attorney
David N. Stone, Assistant State’s Attorney
McHenry County Government Center
2200 N.
Seminary Ave.
Woodstock, IL.
60098
815
334
4159
AttyNo.
02744309
PROOF OF SERVICE BY
FAX
David
N.
Stone, an attorney on oath, states as follows:
That on the ~
of June, 2004,
at
1:45
o.k. the undersigned served
a copy of attached
OBJECTION
TO EXTENSION REQUEST
by sending
the same
fax
transmission
to
Bradley
Halloran at fax number 312
814 3669 and Michael
Stringini at
891
8331.
David N.
tone
o\wpsECuR~\-
STON~\L259O
~
TO
EXTENSION
062104
d~
2
Office of. the State’s Attorney
McHENRY COUNTY
NINETEENTH
JUDICIAL
CIRCUIT OF ILLLNOIS
Date
FACSIMILE
TRANSMITTAL
SHEET
EC:
11.1
• 1//TV
I
•
I!
RECE~VED.
CLERK’S OFFICE
JUN
212004
STATE OF ILLINOIS
Pollution
Control Board
McHENRY CoUNTY
GOVERNMENT
C~rER
2200 NORTH SEMINARYAVENTJE
WoODSToc~,ILLINOIS 60098
PHoNE~(815) 334-4159
Fax:
(815) 334-4673
McHenry County State’s Attorney
Amy for
~
~
Additional Information:
2200 North Seminary Avenue
WoodstOck, IL 60098
815-334-4159
(Phone)
815-334-4673
(Fax)
This transmission consists ~
pages (includIng this cover sheet)
The information contained In this facsimile message is attorney privileged and
confidential
Information
intended
only
for the
use
of the
individual
or
entity
named above.
If the reader of
this message
Is
not the intended recipient, or the employee or agent responsible to deliver It
to- the
Intended recipient, you are hereby notified that any dissemination, distributIon or copying of this
communication
is strictly prohibited.
-
-
If
you
have
received
this
communication
in
error,
please
Immediately
notify
us
by
telephone and
return the
original message to
us
at the
above
address
via the
US Postal
Service.
Thank you.
V~_.:_~Q4:i:4EPl/I
VI
•
LI/Vl
I
I’ll
GARY W.
PACK
STATE’S ATTORNEY
TO:
k•~
FAX#:
(:~~)_
~1L/-~3~(~
FROM:
BY:
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