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The Je-F-F Diver Group;# 2
ø2/D~c/ZU@4 12:42 PDT
F~Dt1:
Th~Jeff Diuer l~roup TU~Ha11~r~n,.Brad1e~j
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P1~1I~E ~2
REC~r~JE.D
CLERK’S OFFICE
-
DECO22O~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
GINA PATTERMANN
)
.
Complainant,
PCB 99-187
v.
)
(Citizen Enforcement,
BOUGHTON TRUCKING AND MATERIALS, ~
Noise & Air)
INC.
.
.
)
Respondent.
)
NOTICE OF FILING
To: See Attached Certificate of Service
PLEASE TAKE NOTICE that on the 2’~day of December, 2004, the undersigned
caused to be filed with the Hearing Officer herein the COMPLAINANT’S MOTION TO
CANCEL HEARING DATE, a copy of which is herewith served upon you.
THE JEFF DIVER GROUP, L.L.C.
By: __________
Michael S. Blazer
THE JEFF DIVER GROUP, L.L.C.
1749 S. Naperville Road, Suite #102
Wheaton, IL 60187
(630)681-2530
THIS FILING SUBMITTED ON RECYCLED PAPER
12—.2~p4; 3:34PM;
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The Jeff Diver Grou~3~•
:~.
@2/Dec/2~M4.
12:42 FDT FI~flH:
The Jeff Dioer
L~roup
T0 Halloran, Bradley
PAGE: ~@3
A
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
DEC 02
20134
GINA PATTERMANN
)
ESTATE OF
ILLINOIS
Ution Control BOar~
Complainant,
PCB 99-187
V.
.
(Citizen Enforcement,
BOUGHTON TRUCKING AND MATERIALS,
Noise & Air)
INC.
)
Respondent.
)
.
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COMPLAINANT’S MOTION TO CANCEL HEARING
Now comes Complainant, Gina Pattermann (Pattermann”), by her attorneys, and for her
Motion pursuant to 35 IAC 101 .510 to Cancel the Hearing herein,, states:
~
This matter is currently scheduled to proceed to hearing on December 13, 2004.
As more fully set forth in the Certification of Counsel attached hereto as Exhibit A, recent events
in counsel’s family have made it impossible to prepare for the scheduled hearing in a timely
fashion.
2.
The current hearing date is the first one scheduled, and Pattermann has not
previously sought nor beer~granted a continuance of any prior hearing date. Pursuant to the
telephonic conference held on this date between all counsel and HearingOfficer Halloran, and
subject to the availability of Defense witnesses and the hearing site, Pattermann proposes that
the hearing be rescheduled to January 24, 2005.
Respectfully submitted,
Gina Pattermann
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By: ______________________________
Michael S. Blazer
One of her attorneys
The Jeff Diver Group, L.L.C.
1749 S. Naperville Road, Suite 102
Wheaton, IL 601 87
630-681-2530
THIS FILiNG SUBMITTED ON RECYCLED PAPER
f •~J~~...?-Q4;
3:34PM ;
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Tfl~ Jeff Diver GrouP:~ 4
B2/Dec/2@~4 12:43 PUT
FROM: The’ Jeff ‘Pi~jerGroup TO: ilalloran,
Bradley
‘
PAGE
0a4
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
GINA PATTERMANN
.
)
Complainant,
PCB 99-187
V.
(Citizen Enforcement,
BOUGHTON TRUCKING AND MATERIALS, ~,
Noise & Air)
INC.
)
Respondent.
)
-
CERTIFICATION
Under penalties as ~rovided by §1 -1 09 of the Illinois Code of Civil Procedure,
Michael S. Blazer hereby certifies as follows:
1.
I am lead counsel for Gina Pattermann (Pattermann”), the Complainant
herein, and am the attorney responsible for conducting the public hearing in this matter.
In addition, my office manager and chief paralegal, who would assist me in this matter,
is Patricia Blazer, my wife.
2.
Very recently, my wife’s grandmother passed away suddenly. This
followed, by only a short period, a debilitating stroke suffered by my father-in-law. These
events, and subsequent related family issues, have made it impossible to adequately
prepare for the upcoming hearing in this matter.
3.
But for these events, my firm and I would have been prepared to proceed
forward with the hearing as scheduled. This matter was otherwise ready for hearing,
other than the need for filing of pre-hearing memoranda. This in turn followed
approximately ten months that were taken up with briefing and rulings on Defendant’s
Motion for Summary Jud9ment and subsequent Motion for Reconsideration.
4.
The current hearing date is the first one scheduled and neither this firm
THIS FILING SUBMITTED ON RECYCLED PAPER
12—2—04
3’: 34PM
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, The Jeff
Di ‘icr
Groub:#
5
~2/Dec/2EiEJ41243
PDT FROM: The Jeff Diuer Group TO: Halloran, Bradley
PAGE:
EI~5
nor Pattermann have previously sought a continuance of any previously-scheduled
hearing date.
Further affiant sayeth not.
Michael S. Blazer
THIS FILING SUBMITTED ON RECYCLED PAPER
2—04;’ 3:34pM ;
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12:43 PUT FROM: TheJeff Diuer Group TIIHa1lor~n,Bradley
CERTIFICATE OF SERVICE
The Jeff Dlv er Groub;#5
CLERK’S
OFFICE
DEC
022o~
STATE OF
Po’Iut~~,Control Board
The undersigned hereby certifies that he caused the above and foregoing Notice
of Filing and COMPLAINANT’S MOTION
facsimile transmission upon the following:
Bradley P. Halloran
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Fax No. (312)814-3669
on this 2nd day of December, 2004.
TO CANCEL HEARING, to be served via
Patricia F. Sharkey
Kevin G. Desharnais
Mayer, Brown, Rowe & Maw
190 S. LaSaIle Street
Chicago, IL 60603
Fax No. (312) 706-9113
Michael S. Blazer
THIS FILING SUBMITTED ON RECYCLED PAPER
12~_J.~Q.4.; 3:34PM
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øZIDecIZ@@4
12:42 PUT FROM: The J~ffDiuerGrnup TO: Halloran, Bradley
‘The Je-~f Diver
GrouD;~
CLERK’S OFFIC~
DEC 1)2
2004
-I’
—
The JeffDiver Group, L.L. C.
Jeffrey R. Divert
JefferyD. Jeep*
Michael S. Btazer**
Thomas S. Yn
Tracey A. Dillon
t Of
C~un~l
Also admitted in Massachusetts
‘c’
Also admitted inNew York
1749 S.
Naperville
Rd., Suite 102
Wheaton, IL 60187
(630) 681 2530
(630)
690-2812 Fax
MichaelS~
Blazer
E-Mail: mbiazer~enviroatty.com
STATE OF ILLINOIS
Pollution Control Board
Lake County Office:
450 N. Green BayRoad
Waukegan, IL 60085
Web Site: www.envlroatty.com
TELECOPY COVER SHEET
DATE:
12/2/2004
TIME:
2:41:00PM
FAX NO. +1(312) 814-3669
SUBJECT:
Motion to Cancel Hearing
OUR FILE#:
00484.1
PLEASE DELIVER THE FOLLOWING MESSAGE TO:
NAME:
Bradley Halloran
COMPANY:
Illinois Pollution Control Board
MESSAGE:
—
THIS MESSAGE IS INTENDED ONLY FOR
THE
USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND
—
MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER
APPLICABLE LAW. If the reader of this message is not the intended recipient, you are hereby notified tht.anydissemLrtaUorsor
distribution of this communication to other than the intended recipient is strictly prohibited, If you have received this communication in
error, please notify us immediately. Call us collect at 630-681-2530 and return the original message to us at the ab.aveaddressvia
U.S. postal service. Thank you.
FROM:
Michael S. Blazer
NUMBER OF PAGES:
6
(including cover sheet)
PLEASE CALL US IF THE MESSAGE YOU RECEIVE WAS INCOMPLETE OR NOT LEGIBLE.
OUR TELEPHONE NUMBER IS 630-681-2530.
ORIGINAL bF TRANSMITTED DOCUMENT WILL BE SENT BY:
FIRST CLASS MAIL
OVERNIGHT MAIL
HAND DELIVERY
THIS WILL BE THE ONLY FORM OF DELIVERY OF THE TRANSMITTED DOCUMENT.
