CLERK’S OFFICE
DEC 29 2004
BEFORE THE ILLINOIS POLLUTION
CONTROL BOAR~TATEOF ILLINOIS
lIut!on Control Board
PEOPLE OF THE STATE OF ILLINOIS
Complainant,
THE HIGHLANDS, L.L.C., et al.,
Respondents.
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)
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PCBNo.00-104
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(Enforcement)
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)
)
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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 29, 2004, we filed with the Illinois Pollution
Control Board the attached RESPONDENT MURPHY FARMS iNC.’S RESPONSE TO
COMPLAINANT’S MOTION FOR LEAVE TO FILE A SUR-REPLY REGARDNG
MURPHY FARMS’ MOTION TO DISMISS SECOND AMENDED COMPLAINT, copies of
which are hereby served upon you.
Dated: December 29, 2004
Charles M. Gering
McDermott, Will & Emery
227 West Monroe Street
Chicago, Illinois 60606
(312) 372-2000
Respectfully submitted,
MURPHY FARMS, INC.
By:
(THIS FILING IS MADE ON RECYCLED PAPER)
V.
One of its attorneys
CH199 4410523-1047331.0013
DEC 29 2004
STATE OF
ILLI
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOAR8OjI~tj~nControi~~j
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
No. PCB No. 00-104
(Enforcement)
THE HIGHLANDS, LLC, an Illinois
limited liability corporation, and M1.TRPHY
FARMS, iNC., (a division ofMURPHY-
BROWN, LLC, a Delaware limited
liability corporation, and SMITHFIELD
FOODS, INC., a Virginia corporation),
Respondents.
RESPONDENT MURPHY
FARMS, INC.’S RESPONSE
TO
COMPLAINANT’S MOTION FOR LEAVE TO FILE A SUR-REPLY REGARDING
MURPHY FARMS’ MOTION TO DISMISS SECOND AMENDED COMPLAINT
Complainant has requested leave to file a sur-response with respect to the motion to
dismiss filed by respondent Murphy Farms, Inc. (“Murphy Farms”). Complainant’s motion
should be denied for two reasons.
First, Murphy Farms’ response included no new affidavits or other evidence, and was
confined to addressing the matters raised in the State’s response to Murphy Farms’ motion. As a
result, the State’s request for leave to file a sur-response amounts to a request for another
opportunity to address matters the State could have addressed in its response brief. The State’s
motion for leave to file a sur-response does not argue otherwise; the State contends that Murphy
Farms has misstated the law and mischaracterized the supporting materials submitted with the
State’s response brief. State’s Motion, para. 4. Even if this were true, which it is not, the Board
may review the cases cited in Murphy Farms’ briefs for itself and decide whether they support
Murphy Farms’ position. Similarly, the Board has all ofthe materials the State filed with its
(THIS FILING IS MADE ON RECYCLED PAPER)
CH199 4410523-1.047331.0013
response brief, and may evaluate the extent to which those materials support or undermine the
parties’ positions with respect to dismissal.
Second, the Board’s procedural rules do not contemplate that parties should be permitted
to file sur-responses. Indeed, those rules specify that the moving party may reply in support of
its motion only in limited circumstances, and with leave ofthe Board. 35 Ill. Adm. Code
§
101.500(e). There is no provision ofthe Board’s procedural rules which addresses further
briefing with respect to motions by the responding party.
The State has offered no compelling reason that it should be given leave to lengthen the
briefing process and further delay the Board’s consideration of Murphy Farms’ motion to
dismiss. Consequently, the State’s motion for leave to file a sur-response should be denied.
Dated: December 29, 2004
MURPHY FARMS, INC.
By:
2
One ofIts Attorneys
Charles M. Gering
McDermott Will & Emery LLP
227 West Monroe Street
Chicago, IL 60606-5096
312.372.2000
Facsimile: 312.984.7700
(THIS FILING IS MADE
ON RECYCLED
PAPER)
CH1994410523-I.047331. 0013
CERTIFICATE OF SERVICE
I, the undersigned attorney, certify that on December 29, 2004, I served the foregoing
NOTICE OF FILING and attached RESPONDENT MURPHY FARMS, INC.’S RESPONSE
TO COMPLAINANT’S MOTION FOR LEAVE TO FILE A SUR-REPLY REGARDING
MURPHY FARMS’ MOTION TO DISMISS SECOND AMENDED COMPLAINT, by
facsimile and U.S. Mail with proper postage prepaid upon:
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 West Randolph
Chicago, Illinois 60601
Phone:
312.814.8917
Fax: 312.814.3669
Jane B. McBride
Assistant Attorney General
Environmental Law Bureau
Office ofthe Illinois Attorney General
500 South Second Street
Springfield, Illinois 62706
Phone: 217.782.9033
Fax: 217.524.7740
Jeffrey W. Tock
Harrington & Tock
Suite 601
Huntington Towers
201 West Springfield Avenue
P.O. Box 1550
Champaign, Illinois 61824-1550
Phone: 217.352.4167
Fax: 217.352.8707
Charles M. Gering
(THIS FILING IS MADE
ON
RECYCLED PAPER)
CH1994410523-I.047331. 0013
