RECEIVED
    CLERK’S OFFICE
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD JUL 202005
    CHAMPAIGN COUNTY, ILLINOIS
    PollutionSTATE
    OFControlILLINOISOoard
    MORTON F. DOROTHY,
    )
    Complainant,
    )
    )
    vs.
    )
    No. PCB 05-049
    )
    FLEX-N-GATE CORPORATION,
    an Illinois Corporation,
    )
    Respondent.
    )
    COMPLAINANT’S MOTION FOR LEAVE TO REPLY AND RESPONSE TO MOTION
    FOR LEAVE TO REPLY
    Complainant Morton F. Dorothy, moves that the Board grant him leave to reply to
    respondent Flex-N-Gate Corporation’s Response to Complainant’s Motion for Partial
    Summary Judgment as to Count I, moves for leave to dispense with duplicative copies,
    and makes the following response to Respondent’s Motion for Leave to Reply:
    1.
    On June 20, 2005, Complainant served a Motion for Partial Summary Judgment
    as to Count I.
    2.
    On July 8, 2005, Respondent filed a Response to Complainant’s Motion for
    Partial Summary Judgment as to Count I.
    3.
    On July 8, 2005, Respondent also filed a Motion to Strike Affidavits Filed and
    Unsupported Statements made in Support of Complainant’s Summary Judgment
    Filings and Motion for Admonishment of Complainant.
    4.
    Complainant moves for leave to reply pursuant to Section 101 .500(c) in order to
    prevent material prejudice.
    a.
    Respondent has, in the Response, denied the truth of facts which it has
    admitted in discovery and in affidavits attached to its motions, which facts
    Complainant regarded as established beyond doubt at the time he filed
    his motion.
    b.
    Respondent has mischaracterized Complainant’s arguments, and has
    advanced arguments that Complainant could not have anticipated.
    5.
    Complainant has no objection to Respondent’s Motion for Leave to Reply, but
    asks the Board to set a prompt schedule for such replies.
    6.
    Respondent has also objected, in the Motion to Strike Affidavits, to the lack of
    exhibits attached to affidavits.
    7.
    Respondent cites Illinois Supreme Court Rule 191(a) in support for its argument
    that copies of documents must be attached to affidavits. Complainant believes
    that this is referring to documents other than those already on file in the instant
    case. Complainant does not feel that it is necessary to attach copies of
    documents that are already on file in this case.
    8.
    Complainant is an unemployed factory worker who uses coin-operated, public
    copying machines. Making copies of documents in this manner is extraordinarily
    time-consuming, and very expensive. To the extent the Board may agree with
    the respondent that such duplicative copies may be required, Complainant
    requests leave to dispense with them in this case.
    9.
    Complainant expects to file additional affidavits in connection with his reply, and
    would appreciate a ruling on this issue before the reply is due.
    WHEREFORE Complainant prays that the Board grant him leave to reply to the
    Response to Complainant’s Motion for Partial Summary Judgment as to Count I, and
    grant him leave to dispense with any requirement to attach to affidavits copies of
    documents that have already been filed in this case.
    ~‘-c°~
    Morton F. Dorothy, Complainant
    State of Illinois
    )
    SS
    County of Champaign
    AFFIDAVIT
    1.
    Respondent has, in the Response to Complainanfs Motion for Partial Summary
    Judgment as to Count I, denied the truth of facts which it has admitted in
    discovery and in affidavits attached to its motions, which facts Complainant
    regarded as established beyond doubt at the time he filed his motion.
    2.
    Respondent has mischaracterized Complainant’s arguments, and has advanced
    arguments that Complainant could not have anticipated.
    3.
    Complainant is an unemployed factory worker who uses coin-operated, public
    copying machines. Making copies of documents in this manner is extraordinarily
    time-consuming, and very expensive.
    Morton F. Dorothy, Complainant
    The undersigned, a notary public in ~~for the aforesaid County and State,
    certifies tha1 the above person appeared before•..rne and signed the foregoing document
    on the
    (~‘~-
    day of July, 2005.
    ~
    My
    Commiggjw,
    £xpiresJt,26,o
    Morton F. Dorothy
    104 West University
    Southwest Suite
    Urbana, IL 61801
    217/384-1010

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