1—25~O5;
1:02PM
The
•JeCf
Diver
Group;~
2
Z5/Jan/Z@~5i@:ii PDT FROM:
The
Jeff Diuer l~ruupT0
Halloran1 Bradley
PAGE: ~ø2
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
JAN 25
2005
STATE Of~
ILLINO
GINA PATTERMANN
)
~OllUtIOfl
Control B$d
)
Complainant,
ROB
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
25th
day of
January,
2005,
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
TIllS FILING
S~JBIvIITTED
ON RECYCLED PAPER
1—25—05;
1:02PM
;
.
The
Jeff
Diver
Group;#
3
25/Jaii/2005 10:12 PDT FROM:
The Jeff
D.iuer Gruup TO:
Halloran, Bradley
PAGE:
@EJ3
RECEIVED
CLERK’S OFFICE
JAN 252O~
BEFORETHE ILLINOIS POLLUTIONCONTROL BOARD
STATE OF ILLINOIS
GINA PATTERMANN
)
POjj~tion
Control Board
)
Complainant,
FOB
99-187
V.
(Citizen
Enforcement,
BOUGHTON TRUCKIN.G AND MATERIALS,
Noise
& Air)
INC.
)
Respondent.
)
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:
1.
This
matter is currently scheduled to proceed to hearing on January
31,
2005. On
January
20,
2005,
Pattermann
filed
a
Motion
for
Voluntary
Dismissal
pursuant
to
35
AC
101.500(a) and
735 ILCS 5/2-1009,
and including
reference to
35
lAO 510.
2.
Absent
limited
circumstances
not
present
in
this
case,
§2-1009
provides
a
plaintiff or
complainant
with
an
unfettered
right
to
dismissal
without
prejudice.
See
Morrison
v.
C.G.
Wagner,
191
lIl.2d
162,
165 (2000).
3.
Under
the
circumstances,
Pattermann
would
be
materially
prejudiced
by
being
forced
tO
proceed
to
hearing while
her Motion
is
awaiting
ruling
by the
Board,
including
being
faced with
the
choice
of
either
accepting
a
default
or
the
wholly
unnecessary
expenditure
of
resources that proceeding to
hearing would entail.
4.
In
addition,
as
a
result
of the
filing
of the
pending
Motion,
Fattermann
ceased
preparation
for
hearing and,
among
other things,
parties
failed
to exchange trial exhibits as
required
by
the
Joint
Pre-Trial
Memorandum
previously
filed
in
this
matter.
Pattermann’s
counsel has thus not had an adequate opportunity to prepare for either segment of the hearing.
5.
These
draconian
consequences
would
be
obviated
by
the
simple
expedient
of
THIS FILING SUBIVIFTTED ON RECYCLED PAPER
1—25—05;
1:02PM
;
The
Jeff
Diver
Group;#
4
25IJaii/Zø@5 10:12 PFT FROM:
The
Jeff Diuer Group TO~Halloran,
Bradley
PAGE: BB4
canceling the
hearing pending
a
ruling by the Board on the pending Motion to Dismiss.
Based
on
the
foregoing,
Pattermann
requests that
the
currently
scheduled
hearing
be
cancelled pending
a ruling by the Board
on the Motion
for Voluntary Dismissal.
Respecifully submitted,
Gina Fattermann
By:
________________________________
One of her attorneys
Michael S.
Blazer
The Jeff Diver Group,
L.L.C.
1749 S.
Naperville Road,
Suite
102
Wheaton,
IL 60187
630-681-2530
2
THIS FILING SUBMITTED ON RECYCLED PAPER
1—25—05;
1:02PM
;
.
The
Jeff
Diver
Group;#
5
25/Jan/2005 10:12 PDT FROM:
The Jeff Diver Group
TO
Halloran,
Bradley
PAGE:
005
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN
252005
GINA PATTERMANN
)
~O~t~iBoard
Complainant,
PCB
99-187
V~
.
(Citizen
Enforcement,
BOUGHTON TRUCKING AND
MATERIALS,
~
Noise
& Air)
INC.
)
)
Respondent.
)
CERTIFICATION
Under
penalties
as
provided
by
§1-109
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.
2.
On
the
morning
of
January
20,
2005,
in
advance
of
the telephonic
status
conference
scheduled
for
that
day,
I
called
counsel
for
Respondent to
advise
them
that
Pattermann
had
that
morning
elected
to
exercise
her
right
under
§2-1009
of
the
Illinois
Code of Civil
Procedure and that
I
had been directed to move for Voluntary Dismissal of this
matter.
I
confirmed this during the status conference later that day and also
served
and filed
the subject Motion that day.
3.
As
a
result
of
the
decision
to
seek Voluntary
Dismissal,
no
further
hearing
preparation
was
conducted
by
Pattermann
and
no exhibits were exchanged
by either
of the
parties,
as otherwise provided
by the Joint
P re-Trial
Memorandum filed
in this matter.
4.
At
this juncture,
I
have
no
ability to
proceed
forward
with the
hearing
in
this
matter,
nor have
I
had
the opportunity to
properly prepare witnesses
or
hearing
exhibits,
or
3
THIS FILING SUBMITTED ON RECYCLED PAPER
1—25—05;
1:02pM
;
The
Jeff
Diver
Group;~
6
25/JaiiI2~@5
io:i2 PPT FROM:. The Jeff Diver Group
T0
Halloran, Bradley
PAGE: 006
identify and review
Respondent’s proposed
exhibits.
5.
Pattermann
would
be
materially
prejudiced if she were required
to
proceed to
hearing
under these
circumstances and
in light
of the
pending Motion
to
Dismiss.
Further affiant sayeth
not.
Michael
S. Blazer
4
THIS FILING SUBMITTED ON RECYCLED PAPER
1—25—05;
I
: O2PM
25/Jan/2E105 10:13 PFT FROM:
The
Jeff Diver Group
TO
Halloran, Bradley
The
Jeff
Diver
Group;#
PAGE: @0?
CERTIFICATE OF SERVICE
The
undersigned
hereby certifies that
he
caused the above and
foregoing
Notice
of
Filing and
COMPLAINANT’S MOTION
TO CANCEL HEARING,
to be served
via 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
25th
day of January, 2005.
Patricia
F.
Sharkey
Kevin
G.
Deshamais
Mayer,
Brown,
Rowe & Maw
190
S.
LaSalle. Street
Chicago,
IL 60603
Fax
No.
(312) 706-9113
Michael S.
Blazer
THIS
FILING SUBMITTED
ON RECYCLED PAPER
,_QC—~:
I:h2PM
:
.
The
Jeff
Diver
Group;~
25/Jan/ZE#35 i@:ii
PDT FROM
The Jeff Diver Group
TO
ilalloran,
Bradley
PAGE: @01
REC~VED
CLERK’S
OFFICE
JAN
25
2005
The JeffDiver Group, L.L.C.
STATE OF ILLINOIS
JeffreyR Divert
~olIutionControl Board
JelTeryD. Jeep*
1749
S. Naperville Rd., Suite 102
Michael S.
Blazer**
Wheaton, IL 60187
Lake County Office;
Thomas S.
Yu
4~0N.
Green Bay
Road
Tracey A. Dillon
(630) 681 2530
Waukegan, IL
60985
(63~O)
690-2812
Fax
Web
Site: www.envlroatty.com
Of Co,~n~,I
Michael S.
Blazer
Also
admitted in Massachusetts
E.Mail: mblazer@enviroatty.com
‘*
Also admitted
in
New York
TELECOPY COVER SHEET
DATE:
1/25/2005
.
OUR
FILE #:
00484.1
TIME:
12:10:10 PM
FAX NO.
+1(312)814-3669
SUBJECT:
Motion
to Cancel
Hearing
PLEASE
DELIVER THE
FOLLOWING MESSAGE TO:
NAME:
Bradley Halloran
COMPANY:
Illinois
Pollution Control
Board
MESSAGE:
FROM:
Michael S.
Blazer
NUMBER OF PAGES:
7
(including cover sheet)
PLEASE CALL
US IF THE MESSAGE YOU
RECEIVE WAS
INCOMPLETE OR
NOT LEGIBLE.
OUR TELEPHONE NUMBER
IS
630-681-2530.
ORIGINAL
OF 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.
—
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 notifie~t
thatanydissemination
or
distribution of this
communication to other than the intended recipient is strictly prohibi~ed.Ifyouhave 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 above address via
U.S.
postal service.
Thank you.
