BEFORE THE
PEOPLE OF THE STATE OF IL
Complainant,
vs.
THE HIGHLANDS,
LLC, an Illinois limited
liability corporation, MURPFIY FARMS, INC.,
a/k/a
MURPHY FAMILY FARMS, a North
Carolina corporation, and BION
TECHNOLOGIES, INC., a Colorado
corporation,
Respondents.
BOAR1j~LERK’S
OFFICE
FEB
172005
STATE OF
ILL~O~S
PoIIut~on
Contro’
k3~ro
Mr. Charles M. Gering
McDermott, Will & Emery
227 West Monroe Street
Chicago, IL
60606-5096
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PCB No.
00-104
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(Enforcement)
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NOTICE OF FILING
To:
Ms. Jane B. McBride
Assistant Attorney General
Environmental Bureau
5005. Second Street
Springfield, IL
62706
PLEASE TAKE NOTICE that I have today filed with the Office of the
Clerk of the Pollution Control Board a Respondent The Highlands LLC’s Motion
to Strike Plaintiff’s First Set of Interrogatories to Respondent The Highlands LLC,
a copy of which is herewith served upon you.
e
W.Tock
February
14, 2005
Jeffrey W. Tock
Harrington &
Tock
201 W. Springfield Avenue, Suite 601
P.O. Box 1550
Champaign, IL
61824-1550
Telephone:
(217) 352-4167
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RECE~VED
CLERK’S OFFICE
FEB
172005
STATE OF ~LEJNO~S
Pollution Control
Board
I hereby certify that I did on February 14,2005, send by First Class Mail,
with postage, thereon fully prepaid, by
depositing in a United States Post Office
Box a true and correct copy of the following instruments entitled Respondent
The Highlands LLC’s Motion to Strike Plaintiff’s First Set of Interrogatories to
Respondent The Highlands LLC
To:
•,
Ms. Jane E. McBride
Mr. Charles M. Gering
Assistant Attorney General
McDermott, Will & Emery
Environmental Bureau
227 West Monroe Street
500
S. Second Street
Chicago, IL
60606-5096
Springfield, IL
62706
and the original and four copies by First Class Mail with postage thereon fully
prepaid of the same foregoing instrument(s):
To:
~Dorothy
Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 W. Randolph, Suite 11-500
Chicago, IL
60601
a copy was also sent by First Class Mail with postage thereonfully prepaid
To:
Mr. Brad Holloran, Hearing Officer
Illinois Pollution Control Board
State of Illinois Center
100 W. Randolph, Suite 11-500
Chicago, IL
60601
vlb/Complain.jef/2005/Highlands-Mtnstrike
4
BEFORE THE
PEOPLE OF THE STATE OF
Complainant,
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CLERK’S OFF~C~
FEB
172005
STATE OF lLLINO~S
Pollution Contro’ ~
PCB No.
00-104
(Enforcement)
vs.
THE HIGHLANDS, LLC, an Illinois limited
liability corporation, and MURPHY FARMS,
INC., (a division of MURPHY-BROWN, LLC,
a North Carolina limited liability corporation,
and SMITHFIELD FOODS, INC., a Virginia
corporation).
~Respondents.
)
RESPONDENT THE HIGHLANDS, LLC’S MOTION TO STRIKE
PLAINTIFFS’ FIRST SET OF INTERROGATORIES TO
RESPONDENT THE HIGHLANDS LLC
COMES NOW the Respondent,
The Highlands LLC, by its attorneys,
Harrington
& Tock, and respectfully moves to strike the Plaintiff’s First Set of
Interrogatoriés to Respondent The Highlands LLC, and, in support thereof, states
as follows:
1.
The People of the State of Illinois have propounded
a First Set of
Interrogatories
to The Highlands LLC pursuant to Supreme Court Rule
213.
2.
Pursuant
to Supreme Court Rule 213(c) “a party shall not serve more
than 30 interrogatories, including subparts, on any other party, except
upon agreement of the parties or leave of court granted upon a
showing of good cause.
A motion for leave of court to serve more than
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30
interrogatories must be in writing and shall set forth the proposed
interrogatories and the reasons establishing good cause for their use.”
3.
The interrogatories propounded to The Highlands LLC are numbered
1 through 27.
However, when each of those interrogatories
is actually
examined for all of the subparts contained therein, including
infcrmation requested for each of 347 days identified in Exhibit “A”
attached to those interrogatories, the actual number of interrogatories,
including all subparts, is over 2,000 separate interrogatories.
4.
The Plaintiff in this matter has not obtained leave of court and has not
shown good cause as to why it is necessary for the proponent to have
responses from The Highlands LLC to over 2,000 interrogatories.
WHEREFORE, Respondent The Highlands LLC respectfully prays that
Plaintiff’s First Set of Interrogatories to Respondent The Highlands LLC be
stricken in its entirety.
The Highlands L.L.C. by its
attorneys, Harrington
& Tock
BY:______
Tock
Prepared by:
/
/
Jeffrey W. Tock
Harrington
& Tock
201 W. Springfield Avenue, Suite 601
P.O. Box 1550
Champaign,
IL
61824-1550
Telephone:
(217) 352-4167
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