CLE~r’~O~r~
BEFORE TUE ILL1NOIS POLLUTION CONTROL BOARD
~ a ~
2004
MORTON F. DOROTHY,
Complainant,
)
)
)
FLEX-N-GATE CORPORATION,
)
an Illinois corporation,
)
)
Respondent.
)
NOTICE OF FILING
TO:
Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA FIRST
CLASS MAIL)
Mr. Morton F. Dorothy
804 East Main
Urbana, Illinois 61802
(VIA FIRST
CLASS MAIL)
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk of
the Illinois Pollution Control Board an original and nine copies of a
SUBSTITUTION
OF
AFFIDAVITS, a copy ofwhich is herewith served upon you.
Respectfully submitted,
FLEX-N-GATE CORPORATION,
Respondent,
Dated: November 3, 2004
Thomas G. Safley
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
By:
v.
)
)
)
STATE OF ~LL~NC)3S
Polluflon Control Board
PCB
No. 05-49
TillS
FiLING
SUBMITTED ON RECYCLED PAPER
CERTIFICATE OF SERVICE
I, Thomas G. Safley, the undersigned, certify that I have served the attached
SUBSTITUTION OF AFFIDAVITS upon:
Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Mr. Morton F. Dorothy
804 EastMain
Urbana, Illinois 61802
by depositing said documents in the United States Mail in Springfield, Illinois, postage
prepaid, on November 3, 2004.
GWST:OO3IFiILNOF andCOS
—
Substitution
CLERK’S OFFICE
1~iOV08 200k
STATE OF ILLINOIS
BEFORE
THE ILLINOIS POLLUTION CONTROL B~9~S~9~Control
Board
MORTONF. DOROTHY,
)
)
Complainant,
)
)
v.
)
PCB05-49
)
FLEX-N-GATE CORPORATION,
)
an Illinois corporation,
)
)
Respondent.
)
SUBSTITUTION OF AFFIDAVITS
NOW COMES Respondent, FLEX-N-GATE CORPORATION (“Flex-N-Gate”),
by and through its attorneys, HODGE DWYER ZEMAN, and files the attached original
Affidavit of Susan Linville and original Affidavit ofDenny Corbett to replace the
facsimile copies of said Affidavits that were attached as Exhibits to Flex-N-Gate’s
Response to Complainant’s Motion to Accept forHearing and for Expedited Discovery.
Respectfully submitted,
FLEX-N-GATE CORPORATION
Respondent,
By
Dated: November 3, 2004
Thomas G. Safley
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
GWST:003/FillSubstitution of Affidavits
o
200k
~LU~OI~EFORETHE ILLiNOIS POLLUTION CONTROL BOARD
S1P~
~
~oa’°
~O~\Ut~~ORTON
F.
DOROTHY,
)
)
Complainant,
)
)
v.
)
PCB
05-49
)
FLEX-N-GATE CORPORATION,
)
an Illinois
corporation,
)
)
Respondent.
)
AFFIDAVIT
OF SUSAN
LINVLLE
Susan Linville, being first duly sworn, deposes and states under oath, and if
sworn
as a witness, would testify, as follows:
1.
I have personal knowledge ofthe matters set forth in this affidavit.
2.
I currently am employed as Corporate Benefits Manager for Flex-N-Gate
Corporation (“Flex-N-Gate”).
3.
I previously was employed as Human Resources Manager forFlex-N-
Gate.
4.
Morton F. Dorothy is a former employee ofFlex-N-Gate’s facility in
Urbana, Illinois.
5.
Before September 8, 2004, Mr. Dorothy asked Flex-N-Gateto rehire him,
and Flex-N-Gate declined to do so.
Under penalties
as provided by law pursuant to Section 1—109
of the Code of Civil Procedure, the undersigned certifies
that
the statements set forth in this instrument are true
and correct, except as to matters therein stated to be on
information and belief and as to such matters the
undersigned certifies as aforesaid that he verily believes
the
same to be true.
FURTHER AFFIANT SAYETH
NOT.
Sus Linville
Subscribed and sworn to before
me this
/
day of ~\j ~
,
2004.
Notary Public
GWST:OO3IFilIAffidavit of Susan Linville
“OFFICIAL SEAL!! ~
Vickie L. Patton
~
Notaiy Public, State of illinois
M Co~rn~ss~onExp. 01/06/2007
2
0~ç~CE
0
20O~EFORETHE ILLINOIS POLLUTION CONTROL BOARD
Complainant,
)
)
v.
)
PCB
05-49
)
FLEX-N-GATE CORPORATION,
)
an Illinois corporation,
)
)
Respondent.
)
AFFIDAVIT
OF
DENNY
CORBETT
Denny Corbett, being first duly sworn, deposes and states under oath, and if sworn as a
witness, would testify, as follows:
1.
Ihave personal knowledge ofthe matters set forth in this affidavit.
2.
I am employed as Urbana Safety Manager for Flex-N-Gate Corporation (“Flex-N-
Gate”).
3.
I have reviewed Complainant’s Motion to Accept for Hearing and for Expedited
Discovery in this matter, and make the following statements in response thereto.
4.
As Urbana Safety Manager for Flex-N-Gate, I have made or otherwise been
involved in communications with the federal Occupational Safety and HealthAdministration
(“OSHA”) with regard to the incident at issue in this matter.
5.
Flex-N-Gate specifically denies that it has made false statements to OSHA, as
Complainant alleges in his Motion to Accept for Hearing and for Expedited Discovery.
6.
Flex-N-Gate takes Complainant’s lawsuit, and Flex-N-Gate’s obligation to
preserve documents related to Complainant’s allegations in that lawsuit, very seriously, and
Flex-N-Gate denies that it would, in any circumstance, alter or destroy documents as
Complainant alleges in his Motion to Accept for Hearing and for Expedited Discovery.
Under penalties as provided by law pursuant to Section 1-109 of
the Code of Civil Procedure, the undersigned certifies that the
statements set forth in this instrument are true and correct,
except as to matters therein stated to be on information and
belief and as to such matters the undersigned certifies as
aforesaid that he verily believes the same to be true.
FURTHER AFFIANT SAYETH NOT.
Subscribed and sworn to before
methis?a~ dayofO~Ep1-~..pJ’L ,2004.
j
Notary Publi~
Denny Corbett
‘OFFICIAL $EAL
GRATIENNE It
CLAPPER
Notary
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