~EC~iVED
CLERK’S OFFICE
DEC 16 2004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS,
PolIut~onControl Board
Complainant,
y
No. PCB No. 00-104
(Enforcement)
THE HIGHLANDS, LLC, an Illinois
limited liability corporation, and MURPHY
FARMS, INC., (a division ofMURPHY-
BROWN, LLC, a Delaware limited
liability corporation, and SMITHFIELD
FOODS, 1INC., a Virginia corporation),
Respondents.
RESPONDENT MURPHY FARMS, INC.’S
MOTION FOR
EXTENSION
OF TIME TO
FILE
REPLY
BRIEF IN
SUPPORT OF
MOTION TO DISMISS SECOND AMENDED COMPLAINT
Respondent Murphy Farms, Inc. (“Murphy Farms”), by its attorneys, hereby moves the
Board to extend the time for MurphyFarms to file its reply brief in support ofits motion to
dismiss Complainant’s Second Amended Complaint by six days, through December 22, 2004. In
support ofits motion, Respondent states as follows:
1.
In the Hearing Officer Order dated December 6, 2004, the Board set a deadline of
December 16, 2004 for Murphy Farms to file its reply brief in support of its motion to dismiss
Complainant’s Second Amended Complaint.
2.
Murphy Farms’ internal review of its reply brief is not yet complete, but it
anticipates that it will be prepared to file its brief on December 22, 2004.
3.
No hearing date has been set in this matter.
4.
Respondent’s counsel has discussed this matter with counsel for the Complainant,
and Complainant’s counsel has agreed to the requested extension.
(THIS FILING IS MADE
ON RECYCLED PAPER)
WHEREFORE, Respondent Murphy Farms, Inc. respectfully requests that the Board
grant this Motion and enter an Order granting Respondent a six-day extension, through
December 22, 2004, to file its reply brief in support ofits motion to dismiss Complainant’s
Second Amended Complaint.
Dated: December 16, 2004
MURPHY FARMS, INC.
By: ~
One ofits attorneys
Charles M. Genng
McDermott, Will & Emery
227 West Monroe Street
Chicago, Illinois 60606
(312)
372-2000
CH199 4405563-1.047331.0013
-2-
(THIS FILING IS MADE ON RECYCLED PAPER)
•1
~EC~E~V~DCLERK’S
DEC 16OFFICE
2004
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR~~ATE
OF ILLINOIS
Pollution
Control Board
PEOPLE OF THE STATE OF ILLINOIS
V.
Complainant,
THE HIGHLANDS, L.L.C., et al.,
Respondents.
)
)
)
PCBNo.00-104
)
(Enforcement)
)
)
)
)
)
NOTICE OF FILING
To:
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 West Randolph
Chicago, Illinois 60601
Jane E. McBride
Assistant Attorney General
Environmental Law Bureau
Office ofthe Illinois Attorney General
500 South Second Street
Springfield, Illinois 62706
Jeffrey W. Tock
Harrington, Tock & Royse
Huntington Towers, Suite 601
201 West Springfield Avenue
P.O. Box 1550
Champaign, Illinois 61824-1550
PLEASE TAKE NOTICE that on December 16, 2004, we filed with the Illinois Pollution
Control Board the attached Respondent Murphy Farms, Inc.’s Motion for Extension ofTime to
File Reply Brief in Support ofMotion To Dismiss Second Amended Complaint, copies ofwhich
are hereby served upon you.
Respectfully submitted,
MURPHY FARMS, INC.
Dated: December 16, 2004
Charles M. Gering
McDermott, Will & Emery
227 West Monroe Street
Chicago, Illinois 60606
(312) 372-2000
By:
-~
One of its attorneys
(THIS FILING IS MADE ON RECYCLED PAPER)
CERTIFICATE OF SERVICE
I, the undersigned attorney, certify that on December 16, 2004, I served the attached
Respondent Murphy Farms, Inc.’s Motion for Extension of Time to File Reply Brief in Support
of Motion To Dismiss Second Amended Complaint and the foregoing Notice of Filing upon the
following individuals by facsimile and by U.S. Mail with proper postage prepaid:
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 West Randolph
Chicago, Illinois 60601
Jane E. McBride
Assistant Attorney General
Environmental Law Bureau
Office ofthe Illinois Attorney General
500 South Second Street
Springfield, Illinois 062706
Jeffrey W. Tock
Han-ington, Tock & Royse
Suite 601
Huntington Towers
201 West Springfield Avenue
P.O. Box 1550
Champaign, Illinois 61824-1550
~
Charles M. Gering
(THIS FILING IS MADE
ON RECYCLED
PAPER)
