i—27—05;i1:O4AM
CHI—
MBR&M
LLP;~ 2
Message
REt~E~ED
CLERK’S OFFICE
JAN 27 2005
Sharkey, Patricia F.
______-~
STATEOE ILLINOIS
From: Sharkey, Patricia F.
Pollution Control Board
Sent:
Thursday, January 27, 2005 9:56 AM
To:
‘mblazer@enviroatty.com’
Subject: RE: Pattermann v. Boughton
Mike--- I cant figure out what you are talking about. We emailed you our Response at 11:45 am yesterday. I am
attaching the original email with the attached document containing our Response and the electronic email receipt
showing that our email and the attachment were sent to your computer at 11:49 am. Our records also show that
your system received our document at 11:49 am. We have no control over how your computer or the nternet is
working. It appears you may riot have opened it until 8:40 pm. You have told me several times that you want
documents sent to you by email. On your second point, we have a file stamped copy of our Response showing it
was filed at the Board on January 26. We also have our docket department’s receipt showing that it was filed at
approximately 12:15 pm. It was also faxed to Mr. Hallorari at approximately 11:45 am on the 26th. In case you are
having difficulty with your email, I am also faxing this message to your office. - Pat
Original Message-—-.-
From: Michael S. Blazer (mailto:mblazer@enviroatty.com
Sent: Thursday, January 27, 2005 3:17 AM
To: Sharkey, Patricia F.
Subject: RE: Pattermann v. Boughton
Pat:
The Hearing Officer directed that your Response ~nd Objection to our Motion to Cancel was to be served by 1:00
p.m. on January 26. Contrary to the representation in the e-mail message header, it was not delivered until 3:44
p.m. I also note that, contrary to the representation in your Notice of Filing, your Response was riot filed with the
Board on January 26.
Michael S. Blazer
Principal
The J
eff Diver
Group, LL.C.
1749 S. l’4apervilie Road
Suite 102
Wheaton, IL 60187
(630) 681-2530
Fax: (630) 690-2812
Mobil: (708) 404-9091
rnblazer@eriviroattv.com
This e-mail is covered by the Electronic Communications Privacy Act, 15 U.S.C.
§~
2510-2521 and is legally
privileged, including any attachments, contains information that is confidential, may be protected by tne
attorney/client or other applicable privileges, and may constitute non-public information. This message is
intended to be conveyed only to the designated recipient(s). If you are not the intended recipient of this
message, please immediately notify the sender that you have received this message in error and delete this
message. Unauthorized use, disclosure, dissemination, distribution or reproduction of this message or the
information contained in this message or the taking of any action ri reliance on it is strictly prohibited and may be
unlawful. Thank you for your cooperation.
Original Message
From: Draper, Donna mailto:DDraper@mayerbrownrowe.com)
On Behalf Of
Sharkey, Patricia F.
Sent: Wednesday, January 26,
2005
11:49 AM
-
To: mblazer@enviroatty.com
Subject: Pattermann v. Boughton
1/27/2005
1—27—05; 11:04AM
-
/
CHJ MBR&M LLP;~
3
Sharkey, Patricia F.
From:
Draper, Donna
Sent:
Thursday, January 27, 2005 9:40 AM
To:
Sharkey, Patricia F.
Subject
FW: Pattermann v. Boughton
Original Message~----
From:
Draper,
Donna On
Behalf
Of Sharkey,
Patricia
F.
Sent:
Wednesday, January 26, 2005 11:49 AM
To;
‘mbiazer@enviroatty.com’
Subjectt
Pattennann v. Boughton
Response.PDF (841
Ice)
bonnci braper
Legal Secretary
Moyer, Brown, Rowe & Maw LLP
190 South LaSoIle Street
Chicago, Illinois 60603
31Z-701-7600
ddraper@mayerbrownrowe.com
1
i—27—05; 1 1 : O4AM
;
CH I
—
MBP,&M
LLP; #
4
Draper, Donna
From:
Mail Delivery Subsystem MAI LER-DAEMON @ maiIO2.mayerbrownrowe.com
Sent:
Wednesday, January 26, 2005 8:40 PM
To:
Draper, Donna
Subject:
Return receipt
AT1169016.txt
00
A1T169016.txt (1
(428
B)
KB)
The original message was received at Wed, 26 Jan 2005 11:45:08
-
0600
from 143 .58.241.78
The following addresses had successful delivery notifications
mblazer@enviroatty.com (relayed to non-DSN-aware mailer)
Transcript of session follows
mblazer@enviroatty.com... relayed; expect no further notifications
1
1—27—05; //04AM
CHI—
MER&M
LLP;5 5
•
cLERfc~opF,CED
BEFORE
THE
JAN
2 ~2O
ILLiNOIS POLLUTION CONTROL BOAR)
r~
STATE
U tOfl of:
C0ntro~
1wNOIS
Board
GINA PATTERMANN,
)
)
• Complainant,
)
PCB 99-187
)
)
(Citizen Enforcement
—
)
Noise, Air)
BOUGHTON TRUCKING
AND
)
MATERIALS,
INC.,
)
)
Respondent.
)
NOTICE OF FILING
TO:
See Attached Certificate ofService
Please
take notice that
on January 26, 2005, 1
filed with
the
Illinois Pollution
Control
Board an original and
four copies of this Notice of Filing and the attached BOUGHTON’S
RESPONSE ANT) OBJECTION TO COMPLAINANT’S
MOTION TO
CANCEL HEARING,
copies of which are attached hereto and hereby served upon you.
Dated:
January
26, 2005
‘
BOUGHTON ThUCKING AND MATERIALS, INC.
~
Patricia
F.
Sharkey
MarkR. Ter Molen
Kevin Desharnais
Michelle Gale
Mayer, Brown, Rowe & Maw LLP
190 South LaSalle Street
Chicago, Illinois 60603-3441
(312)782-0600
Ti-us
DOCUMENTHAS BEEN PRINTED ON
RECYCLED PAPER
- • •
1—27—05;11:04.AM
•
•
-
-
CHI—
MBR&M
LLP;#
5
•
•
BEFORE
THE
.O~ED
ILLINOIS POLLUTION
-
-
CONTROL
•
BOAR!)
-
-
JAN26 2005
-
-
STATE OF ILLINOIS
GINA PATTERMANN,
)
Pollution
Conl:rol Board
)
- •
Complainant,
)
PCB 99-187
)
v.
)
-(Citizen Enforcement
—
•
)
Noise,Air)
BOUGHTON
TRUCKING
AND
)
MATERIALS, INC.,
)
)
Respondent.
)
BOUGIITON’S RESPONSE
AND
OBJECTION TO
-
COMPLAINANT’S MOTION TO CANCEL HEARING
NOW COMES Respondent,Boughton Trucking and
Materials,
Inc. (“Boughton”), by its
attorneys, Mayer, Brown, Rowe & Maw LLP
pursuant to
35
flI. Admin. Code 101.500(d) and an
oral agreement with the Hearing Officer made on January 25, 2005 to file an expedited response,
and responds to Complainant’s Motion To Cancel Hearing.
COMPLAINANTFAILED TO FILE A TIMELY MOTION
•
•
TO CANCEL THE SCHEDULED HEARING
After five and a half years oflitigation and a multitude of discovery abuses,
Complainant’s filing of a Section
5/2-1009
motion to dismiss without prejudice eleven days
before the rescheduled hearing date is- an abuse of the Board’s procedures and highly prejudicial
to Respondent. As Complainant failed to file its Motion to Cancel Hearing until seven days
before the scheduled hearing date, the motion is not timely. Board rules do not allow untimely
-
cancellation of a hearing as ofright. Board Rule 101.5 10 allows the Board orthe Hearing Officer
to exercise discretion
to grant
a motion after the prescribed time: however, that authority is
limited to instances in which the movant. “demonstrates that the movant
will
suffer material
THIs DOCUMENT HAS BEEN
PRINTED ON RECYCLED PAPER
1—27—05;11:O4AM.
• •
•
CHI—MBR&MLLp;#
7
Mayer, Brown, Rowe & Maw LLP
M ~ F. R
190
SouthLa Salle Street
BROW N
Chicago, illinois 60603-3441
_____________
ROWE
Main phone:
(3-12) 782-0600
& M
A W
Main Fax: (312) 701-7711
FACSIMILE COVER SHEET
FROM:
Patricia
F.
Sharkey
Direct
Tel:
(312) 701-7952
Direct Fax:
(312)706-9113
•
Date/time:
Pages:
Wednesday,
09
January 26, 2005 11:43:20 AM
~~EE~UUST
~
TO THE FOLLOWING:
Name
Company
Bradley L. Halloran
-
IPCB
-
-
Fax#
814-3669
-
-
Telephcne#
814.8917
MESSAGE:
THIS MESSAGE IS t4TENDED
ONLY
FOR
THE USE Of
THE
1’lI)MDUAL
OR ENTI1Y10 WHICH IT
IS
ADDRES~E)AND
MAY
CONTAIN ~4FCRMATIGN-THAT-IS
PRM.EGED,
CONF~)ENTL&~AND EXEMPT FROM DISCLOSURE
UNDER
APPLICABLE LAW.
IF
THE
READER
Of
ThIS
MESSAGE
IS NOT THE INTENDED
RECPIENT, OR THE EMPLOYEE CR AGENT RESPONSFLE FOR DELI
VERIMGTHE
MESSAGE TO THE t~ITENDED RECFIENT. YOU ARE HEREBY NOTIFED THAT
ANY
DISSEMIlATIOfI, DISTRBUTION OR COPThG Of
THIS COMMUNICATION IS STRICTLY PROHUITED. F ‘(CU HA\~RECEP~WTHIS
COMMLJNIC~T1CNFl
ERROR, PLEASE NOTFY US IMMEDIkTELY ~Y1EI-EPHONE AND RETURN
NE ORIGINAL
MESSAGE
TO
US AT THE
AB0~SEADDRESS
BY MAL THANK
YOU
F YOU HAVEANY
TRANSMISSICt’1
DIFFICULTY,
-
PLEASE CONTACT TH~FM~SIMLEDEPARTh4ENTAT(312)701-7981
Brussels Chaldte Chicago Colcgne Frankfurt
HcxisIoi
Lmdcw L~AnQd~
Mauch~t~-
N~wYak PaloAJto Pi-is
W~hin9f~,D.C.
h~cadentM~acoCAyCcrr~pondcn~Jaure~ui.Nav~ret~
Na~
yRc4as,S.C.
- M~yesBrown,
Rw~
& Maw LU’ qefat~in ca~it~n~lonwith o.ir assodated Ergish Iirrgted lletility
pBlnecshlp
Hi the otfiass I~tedabove.
1—27—05; 11:04AM
-
-
•
-
CHI—
MBR&M
LLP;~ S
User ID:
•
PS008602
-
TO: Name: Bradley L. Halloran
•
-
- --
Company: IPCB
-
Fax Phone Number: 814-3669
-
Contact Phone Number: 814-8917
Info Code 1: 99556862
Info Code 2:
Sent to remote ID:1
-
Sent at:Wed Jan 26 11:44:35 2005
Sent
on channel 17
-
Elapsed TiTne: 3 minutes, 8 seconds
Transmission Status (0/339;0/0)
:
Successful Send
Page Record: 1
-
9.
1
-2
7-05 1 1 O4AM
—
CLEPK~F~E~
LLP
M
~
-
JAN212005
Mayer, Brown, Rowe & Maw LLP p~~~0b
~a~
190
South La Salle Street
B R 0 W N
Chicago, Illinois 60603-3441
_____________
ROWE
Main phone: (312) 782-0600
M A W
Main fax: (312) 701-7711
FACSIMILE COVER SHEET
FROM:
Patricia F. Sharkey
DiI~ctTel:
(312)701-7952
Direct Fax:
(312)706-9113
Date/time:
Pages:
Thursday, Jan
08
uary 27, 2005 10:05:24 AM
ALLP.AGESMUSTBE
TO THE FOLLOWING:
Name
Company
Fax#
-
Telephone#
Bradley L Halloran
IPCB
814-3669
814-8917
MESSAGE:
Mr. Halloran,
Please see the attached documentation in response to Mr. Blazer’s
allegations of this morning.
-
-
Patricia Sharkey
THIS MESSAGE
IS
INTENDED ONLY FOR THE USE OF THE ~DIVIDUALOR ENTITY TO WHICH IT IS,ADDRESSED AND MAY CONTAIN INFORMATION THAT IS
PRIVILEGED, CONFIDENTIAL AND EXEMPTFROM DISCLOSURE UNDER APPLICABLE LAW.IF THE
READER OF
ThIS MESSAGE IS NOT THE- INTENDED
RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING ThE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT
ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN
ERROR, PLEASE NOTIFY US IMMEDLATELY BY TELEPHONE AND RETURN ThE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS BY MAIL THANK YOU.
IF YOU HAVE ANY TRANSMISSION DIFFICULTY,
PLEASE CONTACT THE FACSIMILE DEPARTMENT AT (312) 701-7981
Brussels Charlotte Chicago Col~neFrankfurt Houstai Loidon Los Angeles Manchester Now Yerk Palo Aito Paris Washington, D.C.
Independent Mesco City Conespondent: Jauragui, Navarrete, Nadery Rojas, S.C.
Mayer,
Brown, Rowe &
Maw LLP operates in canbination with air associated English limited liability partnership in the offices listed above.
