RECEgVE~
    ORI 61 NAL
    JAN
    2005
    ILLINOIS POLLUTION
    CONTROL BOARD
    January 31,
    2005
    ~
    Cor~~d
    GINA PATTERMANN,
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCB 99-187
    )
    (Citizens Enforcement
    -
    Noise, Air)
    BOUGHTON
    TRUCKING AND
    )
    MATERIALS,
    )
    )
    Respondent.
    )
    HEARING
    OFFICER ORDER
    On January 27,
    2005,
    all parties participated in a telephonic conference.
    The purpose
    ofthe conference was to address the complainant’s motion to cancel the hearing filed January
    25,
    2005.
    The respondent filed its response to complainant’s motion on January 26, 2005.
    In complainant’s motion,
    she alleges that she would be materially prejudiced if the
    hearing was not cancelled because there
    is a pending motion to voluntarily dismiss without
    prejudice before the Board,
    filed by the complainant on January
    20,
    2005.
    The respondent
    filed its
    response on January
    25,
    2005.
    Having read the respective pleadings,
    the hearing officer finds that complainant has
    put forth a
    sufficient argument that she is
    entitled to a ruling by the Board prior to the hearing
    going forward.
    To hold the hearing prior
    to the Board’s decision on complainant’s motion to
    voluntarily dismiss could be at odds with administrative economy should the Board rule
    otherwise.
    The hearing officer grants
    complainant’s motion to cancel the January
    31,
    2005
    and
    February
    1,
    2005
    hearings.
    The parties are directed to participate in a telephonic status conference with the hearing
    officer on February 23,
    2005,
    at 11:00 a.m.
    The conference must be
    initiated by the
    complainant, but each party
    is nonetheless responsible for its own appearance.
    At the
    conference, the parties must be prepared to discuss the status of the above-captioned matter
    and their readiness for hearing.
    IT IS SO
    ORDERED.
    2
    0’~
    Bradley P.
    Halloran
    Hearing Officer
    Illinois Pollution Control Board
    James R.
    Thompson Center,
    Suite 11-500
    100 West Randolph Street
    Chicago, Illinois
    60601
    312.814.8914

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