ILLINOIS POLLUTION CONTROL BOARD
December 17, 1998
ENVIRONMENTAL SITE DEVELOPERS,
INC., an Illinois corporation,
Complainant,
v.
WHITE & BREWER TRUCKING, INC., an
Illinois corporation,
Respondent.
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PCB 96-180
(Enforcement - Water, Citizens)
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WHITE & BREWER TRUCKING, INC., an
Illinois corporation,
Counterclaimant,
v.
ENVIRONMENTAL SITE DEVELOPERS,
INC., an Illinois corporation,
Counterrespondent.
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PCB 96-180
(Enforcement - Water, Citizens)
(Counterclaim)
ORDER OF THE BOARD (by M. McFawn):
On August 20, 1998, the Board adopted an order staying proceedings in this case until
November 18, 1998, while the parties attempted to negotiate a settlement. Two motions were
pending when the stay went into effect: White & Brewer Trucking, Inc.’s “Motion for Partial
Summary Judgment” and “Motion for Entry of Scheduling Order.” The Board’s Order of
August 20 set November 25, 1998, as the date by which responses to these motions would be
due. On November 2, 1998, the parties filed a “Joint Motion to Extend Stay of Proceedings,”
requesting that proceedings be stayed an additional 90 days, to continue negotiations. On
November 20, 1998, Environmental Site Developers, Inc. (ESDI) filed a “Motion for
Extension of Briefing Schedule,” requesting that the due date for responses to the pending
motions be extended to either (a) seven days after the Board’s ruling on the joint motion to
extend the stay, if the motion was denied, or (b) seven days after expiration of the stay, if the
motion was granted.
On November 19, 1998, after ESDI’s motion was mailed for filing but before it was
received by the Board, the Board adopted an order granting the joint motion for an extension
of the stay, extending the stay to February 16, 1999, and setting a new due date of February
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23, 1999, for responses to the pending motions. Accordingly, ESDI’s “Motion for Extension
of Briefing Schedule” is denied as moot.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 17th day of December 1998 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board