(\ ‘‘
BEFORE
THE
~
1 ~
ILLINOIS POLLUTION CONTROL BOARD
L.
~
~
Po~u~on
Con~ro~
~3oard
GINA PATTERMANN,
)
)
Complainant,
)
PCB 99-187
)
v.
)
(Citizen Enforcement
—
)
Noise, Air)
BOUGHTON TRUCKING AND
)
MATERIALS, INC.,
)
)
1~espondent.
)
NOTICE OF FILING
TO:
See Attached Certificate of Service
Please
take notice
that
on
January
18,
2005, I filed with
the Illinois
Pollution
Control
Board
an
original
and four copies of this Notice of Filing and the attached JOINT PRE-TRIAL
MEMORANDUM, copies of which are attached hereto and herçby served upon you.
Dated:
January
18, 2005
BOUGHTON TRUCKING AND MATERIALS, INC.
By:_____
V
One
its Attorneys
Patricia F. Sharkey
Mark R. Ter Molen
Kevin
Deshamais
Michelle Gale
Mayer, Brown, Rowe & Maw LLP
190 South LaSalle Street
Chicago, Illinois
60603-3441
(312) 782-0600
THIS
DOCUMENT
HAS
BEEN
PRINTEDON RECYCLED PAPER
U
CLERK’S ~
~
•‘~
BEFORE
THE
I
ILLINOIS POLLUTION CONTROL BOARD
STATE OF ~LURC~$
Po~ut~on
Contro~
EJoard
GINA PATFERMANN,
)
)
Complainant,
)
PCB 99-187
)
v.
)
(Citizen Enforcement
—
)
Noise, Air)
BOUGHTON TRUCKING AND
)
MATERIALS, INC.,
)
)
Respondent.
)
JOINT PRE-TRIAL MEMORANDUM
Complainant
Gina Pattermann
(“Pattermann”) and
Respondent, Boughton Trucking and
Materials,
Inc.
(“Boughton”),
by
their attorneys,
The
Jeff
Diver
Group,
L.L.C.
‘and
Mayer,
Brown,
Rowe
&
Maw
LLP,
respectively,
submit
below
their
Joint
Pre-Trial
Memorandum
pursuant to the Hearing Officer’s Order dated January 3,
2005.
Issues forTrial:
Questions offact and law pertaining to allegation that noise
and dust emanating from the
Boughton
111th Street Quarry have unreasonably interfered with Pattermann’s enjoyment of life
or property in violation of Section 9(a)
and Section(24) of the Illinois Environmental Protection
Act.
Stipulations
1)
Pattermann does
not
in
this
action
allege
injury to
human,
plant
or animal
life,
to
health, or to property.
THISDOCUMENT HAS BEEN PRINTED ON RECYCLED PAPER
2) Exhibits to be
offered at hearing are limited to those documents, photographs
and other
materials (ordigitalized images thereof) provided in discovery (as updated to make current) and
listed
in
the exhibit list provided to the opposing party by January 24,
2005.
Objections to
any
such exhibits are reserved.
Witnesses/ Time Anticipated
Plaintiffs Witnesses
—
First full day:
Gina Pa~termann
(Complainant)
Lisa Collins
Donald Boudreau
William Jene
Carlene Jenkins
Defendant’s Witnesses
-
Second full day:
Michael McCann
Wayne Szepelak
Dale Kessen
Exhibits
The
parties
shall
exchange
complete
exhibit
lists
on
or
before
the
close
of business
Monday,
January
24,
2005.
All
updated exhibits
shall
be
provided to
the
opposing
party by
January 24, 2005.
Respectfully submitted,
/‘Boughton
Trucking and Materials, Inc.
By One of Its Attorneys
January 18, 2005
PatriciaF. Sharkey
Kevin Desharnais
Mark R. Ter Molen
2
THIS DOCUMENTHAS BEEN
PRINTED
ONRECYCLED PAPER
Michelle A. Gale
Mayer, Brown, Rowe & MawLLP
1.0
South LaSalle Street
Chicago, Illinois
60603-3441
(312) 782-0600
Respectfully submitted,
Gina Pattermann
By One ofHer Attorneys
January
18,2005
Michael S. Blazer
The JeffDiver Group, L.L.C.
1749 S. Naperville Road
Suite 102
Wheaton, IL 60187
(630) 681-2530
CERTIFICATE
OF SERVICE
Kevin Deshamais, an attorney, hereby certifies that a copy of the attached Notice of
Filing and JOINT PRE-TRIAL MEMORANDUM was served on the persons listed below by
First Class U.S. Mail, proper postage prepaid, on January 18,
2005.
Bradley Halloran.
Hearing
Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 West Randolph Street
Chicago, IL
60601
(Courtesy Copy)
Michael
S. Blazer
Matthew E. Cohen
The Jeff Diver Group, LLC
1749 S. Naperville Road, Suite #102
Wheaton,IL
60187
(U.S.
Mail)
Kenneth
A. Carlson
Tracy Johnson & Wilson
Sixth Floor, Two Rialto
Square
116 North Chicago Street
(U.S. Mail)
~~~~Deshamais
Patricia F. Sharkey
Mark R. TerMolen
Kevin Deshamais
Michelle Gale
Mayer, Brown, Rowe & Maw LLP
190 South LaSalle Street
Chicago, Illinois
60603-3441
(312) 782-0600
THISDOCUMENTHAS
BEEN
PRINTED
ONRECYCLED PAPER
