RECE~VED
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
MAR
-
32005
OF THE STATE OF ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
PACKAGiNG PERSONIFIED, INC.,
Respondent.
)
)
)
)
)
)
)
)
)
PCB 04-16
(Enforcement
—
Air)
STATE OF ILLiNOIS
Pollution Control Board
NOTICE OF FILING
Bradley P. Halloran
Hearing Officer
Illinois Pollution ControlBoard
James R. Thompson Center, Suite 11-500
100 West Randolph Street
Chicago, Illinois
60601
Christopher J. Grant
Office ofthe Attorney General
188 West Randolph,
20th
Floor
Chicago, IL
60601
PLEASE
TAKE
NOTICE
that
on
Thursday,
March
3
2005,
we filed the
attached
Motion
to
Modify
Hearing
Officer
Order
via
hand
delivery
with
the
Clerk
of the
Illinois
Pollution Control Board, a copy ofwhich is herewith served upon you.
Roy M. Harsch
GARDNER, CARTON & DOUGLAS
191 N. Wacker Drive
-
Suite 3700
Chicago, Illinois
60606-1698
(312)
569-1440
v.
TO:
THIS FILINGIS SUBMITTED
ON RECYCLED PAPER
•
RECE~VED
CLERK’S
OFFICE
MAR
-
32005
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
OF THE
STATE OF ILLINOIS
STATE OF ILLINOIS
Pollution
Control Board
PEOPLE OF THE
STATE OF ILLINOIS,
)
Complainant,
)
)
V.
)
PCB 04-16
)
(Enforcement
Air)
PACKAGING PERSONIFIED, INC.,
)
)
Respondent.
)
MOTION TO
MODIFY HEARING
OFFICER ORDER
NOW COMES, Packaging Personified, Inc. by its attorneys Roy M. Harsch and Gardner
Carton & Douglas LLP and requests that the Hearing Officer suspend or otherwise modify the
December
16, 2004 Hearing Officer Order entered in this matter.
In support thereof, Respondent
states as follows:
1.
On December 16, 2004 the Hearing Officer entered an Order embodying an
agreed upon discovery schedule which required, amongst other things, that Respondent answer
or otherwisereply to Complainant’s outstanding discovery on or before January
14, 2005 and
that Respondent serve written discovery requests on Complainant on or before January 14, 2005.
2.
On January 14,2005 Respondent submitted its Answers and Objections to
Complainant’s First Set ofInterrogatories and Request for Production ofDocuments and
submitted Respondent’s First Set ofInterrogatories and Request forProduction ofDocuments to
Complainant in conformance with the terms ofthe December
16, 2004 Hearing Officer Order.
3.
Pursuant to the December
16, 2004 Order, Complainant was required to respond
to Respondent’s written discovery request on or before February
15,
2005.
4.
To date, Complainant has not submitted its response to Respondent’s written
discovery request, not sought any extension oftime and has not provided the undersigned with
any information as to when the response will be forthcoming.
5.
Pursuant to the terms ofthe December 16, 2004 Hearing Officer Order, the parties
are required to
disclose expert and opinion witnesses on orbefore March 4, 2005.
6.
Based upon Complainant’s failure to respond to the written discovery request,
Respondent will be unable to evaluate Complainant’s case and therefore, will be unable to
disclose opinion and expert witnesses as previously agreed to and as required by theDecember
16, 2004 Order.
7.
Pursuant to the January 26, 2005 Hearing Officer Order, the parties currently are
required to participate in a telephone status conference on March 31, 2005.
Respondent is
hopeful that prior to this date Complainant will have either responded to the outstanding written
discovery request, formally sought an additional time period to respond or otherwise explained
its actions.
In lieu thereof, Respondent may be required to file a Motion to Compel.
WHEREFORE, based upon the foregoing, Respondentrespectfully requests that the
Hearing Officer suspend or otherwise modifythe discovery dates currently set forth in the
December
16, 2004 Order with the understanding that the parties may be able to
arrive at a
revised discovery schedule during the status conference currently set in this matter for March 31,
2005 or failing an appropriate response to this Motion, Respondent maybe
forced to file a
Motion to Compel.
Respectfully submitted,
PACKAGING PERSONIFIED, INC.
•By:~’~
0
ofits
ttorne
s
Roy M. Harsch
GARDNER CARTON & DOUGLAS
LLP
191
N. Wacker Drive
—
Suite 3700
Chicago, IL
60606
312-569-1440
CERTIFICATE OF SERVICE
The undersigned certifies that a copy ofthe foregoing
Motion
to Modify Hearing
Officer Order
was filedvia hand delivery with the Clerk ofthe illinois Pollution Control Board and
served
upon the
parties
to whom said NOtice is directed via electronic transmission and overnightmail
from
191
NorthWacker Drive, Chicago, illinois on
Thursday, March 3, 2005.
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 West Randolph Street
Chicago, Illinois
60601
Christopher J. Grant
Office ofthe Attorney General
188 West Randolph,
20th
Floor
Chicago, IL
60601
Roy
CHO2/
22371369.1
