JUL
192305
STATE OP ILLINOIS
OFFICE OF THE ATTORNEY GENERAL
Pollution Control Board
STKI’F
OF FLINOIS
Lisa Madigari
.VIPGRNE
(;ENER ‘I.
July
15,
2005
The Honorable
Dorothy Gunn
Illinois Pollution
Control
Board
State of
Illinois Center
100 West
Randolph
Chicago,
Illinois
60601
Re:
People
v.
The Highlands,
LLC.,
et al.
PCB No.
00-1 04
Dear Clerk Gunn:
Enclosed for filing please
find
the original
and
ten copies
of
a
NOTICE
OF
FILING
and
PROPOSED
REVISED
AGREED
DISCOVERY
SCHEDULE
in
regard
to
the
above-captioned
matter.
Please file the original
and
return a file-stamped copy of the document to our office in the
enclosed
self-addressed,
stamped envelope.
Thank you
for your cooperation
and consideration.
Very truly yours.
Jane
E.
McBride
Environmental
Bureau
500
South Second Street
Springfield,
Illinois 62706
(217)
782-9031
JEM/pp
Enclosures
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782-7046
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RECEIVED
CLERK’s OFFICE
BEFORE THE ILLINOIS POLLUTION
CONTROL
BOARD
JUL
192005
PEOPLE OF THE
STATE OF ILLINOIS,
STATE OF ILLINOIS
Complainant,
Pollution Control Board
v.
)
PCB
NO.
00-1 04
(Enforcement)
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.
NOTICE OF FILING
To:
Mr. Jeffrey
W.
Tock
Mr.
Charles
M.
Gering
Harrington, Tock
& Royse
McDermott,
Will
&
Emery
201
W.
Springfield Avenue
227 West Monroe Street
Suite 601
Chicago,
IL 60606-5096
Champaign,
IL 61824-1 550
PLEASE
TAKE
NOTICE
that
on
July
15,
2005,
I
mailed
for
filing
with
the
Clerk of
the
Pollution
Control
Board
of
the
State of
Illinois,
a PROPOSED
REVISED
AGREED DISCOVERY
SCHEDULE, a
copy of which
is attached
hereto and
herewith
served
upon you.
Respecifully submitted,
PEOPLE
OF THE
STATE
OF ILLINOIS
LISA
MADIGAN
Attorney General of
the
State
of Illinois
MATTHEW
J.
DUNN, Chief
-
Environmental
Enforcement/Asbestos
Litigation
Division
BY:
7JANE
E.
McBRIDE
Assistant Attorney General
Environmental Bureau
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
July
15,
2005
CERTIFICATE OF SERVICE
I
hereby certify that
I
did
on
July
15, 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
NOTICE OF FILING
and
PROPOSED
REVISED AGREED
DISCOVERY
SCHEDULE
To:
Mr.
Jeffrey
W. Tock
Mr.
Charles
M,
Gering
Harrington, lock
& Royse
McDermott,
Will
&
Emery
201
W.
Springfield
Avenue,
Ste.
601
227
West Monroe Street
P.O.
Box
1550
Chicago,
IL
60606-5096
Champaign,
IL
61824-1550
and
the original and ten 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
Suite
11-500
100
West
Randolph
Chicago,
Illinois 60601
A copy
was also sent
by
First Class
Mail with
postage thereon fully
prepaid and
by facsimile
(312)
814-3669
To:
Mr.
Brad
Halloran,
Hearing
Officer
Illinois
Pollution Control
Board
James ft
Thompson
Center,
Ste.
11-500
100 West
Randolph
Chicago,
IL 60601
,1a6
E.
McBride
Assistant Attorney General
This filing
is submitted
on
recycled paper.
BEFORE THE
ILLINOIS POLLUTION CONTROL
BOARD
RECEIVED
CLERK’S OFFICE
PEOPLE OF THE
STATE
OF ILLINOIS
)
JUL
IS
20U5
STATE
OF
ILLINOIS
Complainant,
)
Pollution Controj
Board
v.
)
PCB
No.
00-104
(Enforcement)
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,
1NC., a Virginia
corporation).
Respondents.
PROPOSED
REVISED AGREED
DISCOVERY SCHEDULE
NOW
COMES the Complainant, PEOPLE
OF THE STATE
OF ILLINOIS,
and with the
agreement and approval
of the Respondent THE
HIGHLANDS
and Respondent MURPHY
FARMS,
INC.,
hereby submits the following
proposed
revised agreed discovery schedule
for
the continuing
litigation between
the parties.
With submission of this proposed revision, the Hearing
Officer has
asked for written
justification for this additional request for
an
extension
of time.
Counsel for the
parties
have
been working diligently on
responses to written
discovery.
The case
has
involved at least
two years of investigation
prior to
the matter being
filed and
the
matter
has
been pending for
at least four years during which time a significant amount of
additional
information
was generated.
All
parties have
requested
a
large volume
of information.
Respondent
Murphy’s involvement
in this matter was
only recently resolved with
the
Board’s
May 5,
2005
ruling
on
Respondent Murphy’s motion
to dismiss.
1
Further,
counsel
for the Respondents seek to protect certain
documentation that
is
responsive to
one of
the requests.
Counsel
have
been working
on an
agreed
protective order
regarding that
issue.
In
addition, counsel for
all
parties
currently
have significant other litigation obligations
that have
unavoidably, consistently interrupted
the work required
for this discovery effort.
Originally the discovery schedule
was
bifurcated
among the parties.
The schedules
have
now been
made
consistent and
it
is
the parties’
desire to
proceed
under a
single
schedule
with
all
parties
maintaining
the same
deadlines so that depositions
may
be
conducted as
efficiently
as
possible.
For the foregoing
reasons,
the parties
respectfully request the Hearing
Officer’s
consideration
of the
proposed
extension of
deadlines as
set forth
below:
All parties
submit responses for
all
outstanding written
discovery
September
16,
2005
Depositions
of
fact witnesses
completed
by all parties
December
16,
2005
Complainant shall disclose opinion
and expert witnesses and
opinions
January 20,
2006
Respondent Highlands and
Murphy shall disclose
opinion
and
expert witnesses and”’opinions
February
17,
2006
Depositions of afl opinion
and
expert
witnesses
completed
by all
parties
March
17,
2006
2
All written
discovery completed
and
responses
submitted
April
28,
2006
Respectfully submitted,
PEOPLE
OF THE
STATE
OF ILLINOIS
LISA
MADIGAN,
Attorney General
of the
State of Illinois
MATTHEW
J.
DUNN, Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:
~
,4~NE
E.
MCBRIDE
Assistant Attorney General
500
South
Second Street
Springfield,
Illinois
62706
(217)
782-9031
Dated:
July
15, 2005
3
