BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF
THE STATE OF ILLINOIS,)
by LISA MADIGAN, Attorney General)
of the State of Illinois,)
Complainant,)
V.)
)
PCB 96-98
SKOKIE VALLEY ASPHALT CO., INC.,
)
(Enforcement
-
RCRA)
an Illinois Corporation, EDWIN L. FREDERICK,)
JR., Individually and as Owner and President of
)
Skokie Valley Asphalt Co., Inc., and)
RICHARD
J.
FREDERICK, Individually)
and as Owner and Vice President of Skokie)
Valley Asphalt Co., Inc.,)
Respondents..
NOTICE OF FILING
TO:
Mr. David S. O'Neill, Esq.
Ms. Carol Webb, Hearing Officer
Mr. Michael B. Jawgiel, Esq.
Pollution Control Board
5487 North Milwaukee Avenue
1021 North Grand Avenue East
Chicago, Illinois 60630-1249
P.O. Box 19274
Springfield, Illinois 62794-9274
PLEASE TAKE NOTICE that I have today filed
Complainant's Response to
"Respondents' Motion to Strike Complainant's Response to Respondents' Motions to
Strike Complainanft's Letters of May 24, 2005 and June 14, 2005 Regarding Discovery"
with the Office of the Clerk of the Illinois Pollution Control Board, tine and correct copies of
which are attached hereto and herewith served upon you.
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
o~he
ta~eof Ilinois
B Y :
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MICHAEL C. PARTEE
Assistant Attorney General
Environmental BureaulNorth
188 West Randolph Street, Suite 2001
Chicago, Illinois 60601
Tel: (312) 814-2069
Fax: (312) 814-2347
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 17, 2005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,)
by LISA MADIGAN, Attorney General)
of the State of Illinois,)
Complainant,)
V.)
)
PCB 96-98
SKOKIE VALLEY ASPHALT CO., INC.,
)
(Enforcement
-
RCRA)
an Illinois Corporation, EDWIN L. FREDERICK,)
JR., Individually and as Owner and President of
)
Skokie Valley Asphalt Co., Inc., and)
RICHARD
J.
FREDERICK, Individually)
and as Owner and Vice President of Skokie)
Valley Asphalt Co., Inc.,)
Respondents.)
COMPLAINANT'S RESPONSE TO "RESPONDENTS'NMOTION TO STRIKE
COMPLAINANT'S RESPONSE TO RESPONDENTS' MOTIONS TO STRIKE
COMPLAINANT'S LETTERS OF MAY 24. 2005 AND JUNE 14, 2005 REGARDING
DISCOVERY"
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, hereby responds to Respondents', SKOKIIE VALLEY
ASPHALT CO., INC., EDWIN L. FREDERICK, JR., and RICHARD J. FREDERICK, "Motion
to Strike Complainant's Response to Respondents' Motions to Strike Complainant's Letters of
May 24, 2005 and June 14, 2005 Regarding Discovery."
In support of its response, Complainant
states as follows:
RELEVANT CASE HISTORY
I
.
On July 20, 2005, Complainant filed its Response to Respondents' (two) Motions
to Strike Complainant's Letters of May 24, 2005 and June 14, 2005 Regarding Discovery.
Significantly, Complainant's Letter of May 24, 2005, in part, addressed another of Respondents'
recent motions to strike: Respondents' Motion to Strike Complainant's Discovery Requests.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 17, 2005
2.
Also on July 20, 2005, Complainant filed its Motion for Protective Order and
Response to "Respondents' Motion to Strike Complainant's Objections to Discovery and
Respondents' Motion to Compel Complainant's Response to Discovery Request."
3.
Respondents failed to respond to Complainant's Motion for Protective Order
within 14 days pursuant to Section 101.500 of the Board's Procedural Rules (35
III. Adm. Code
10 1.500).
4.
However, on August 15, 2005, Respondents
filed
two more motions to strike:
"Respondents' Motion to Strike Complainant's Response to Respondents' Motions to Strike
Complainant's Letters of May 24, 2005 and June 14, 2005 Regarding Discovery" (hereafter
referred to as "Respondents' Fifth Motion to Strike") and "Respondents' Motion to Strike
Complainant's Motion for Protective Order and Response to Respondents' Motion to Strike
Complainant's Objection to Discovery and Respondents' Motion to Compel Complainant's
Response to Discovery Request" (hereafter referred to as "Respondents' Sixth Motion to
Strike").
5
.
Complainant responds to Respondents' Fifth Motion to Strike herein and
responds to Respondents' Sixth Motion to Strike in a separate pleading.
RESPONDENTS' FIFrH MOTION TO STRIKE MUST BE DENIED
6.
Respondents' Fifth Motion to Strike is the latest in a series of seemingly never-
ending motions to strike from Respondents.
7.
Respondents' Fifth Motion to Strike is nonresponsive to the facts and law set
forth in the pleading that it seeks to strike, namely Complainant's Response to "Respondents'
Motions to Strike Complainant's Letters of May 24, 2005 and June 14, 2005 Regarding
Discovery."
Complainant's pleading sets forth facts and law pertaining to ex parte
2
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 17, 2005
communications with the Board.
Complainant established that its Rule 20 1
(k) letters of May 24,
2005 and June 14, 2005 were not ex parte communications with the Board, but even if they were,
the appropriate remedy is to make them a part of the record, which has already occurred on a
number of occasions.
Respondents' Fifth Motion to Strike does not address a single fact, case,
court rule or Board rule raised in Complainant's pleading.
8.
Relative to the numerous motions to strike that preceded it, Respondents' Fifth
Motion to Strike raises no new facts or law whatosoever.
9.
Respondents' Fifth Motion to Strike is simply a repetition of previous argument
made without reliance on any legal authority.
10.
Respofidents' Fifth Motion to Strike must be denied.
11.
Complainant also respectfully submits that the Board should no longer tolerate
Respondents' frivolous pleadings.
WHEREFORE, Complainant respectfully requests that the Board enter an order in favor
of Complainant and against Respondents as follows:
A.
Denying Respondents' Fifth Motion to Strike;
B.
Assessing against Respondents the Complainant's reasonable attorneys' fees and
costs in responding to Respondents' Fifth Motion to Strike; and
C.
Granting any further relief that is just and fair under the circumstances.
3
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 17, 2005
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
by LISA MADIGAN, Attorney General
of the State of Illinois
BY___4WO
MICHAEL C. PARTEE
Assistant Attorney General
Environmental Bureau/North
188 West Randolph, Suite 2001
Chicago, Illinois 60601
Tel: (312)814-2069
Fax: (312)814-2347-
4
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 17, 2005
CERTIFICATE OF SERVICE
It
is hereby certified that true and correct copies of the
Notice of Filing
and
Complainant's Response
to "Respondents' Motion to Strike Complainant's Response to
Respondents' Motions to Strike Complainant's Letters of May 24, 2005 and June 14, 2005
Regarding Discovery"
were sent by First Class Mail, postage prepaid, to the persons listed on
the Notice of Filing on August 17, 2005.
BY___
MICHAEL C. PARTEE
It is hereby certified that the foregoing were electronically
filed
with the Board on
August 17, 2005:
BY___
MICHAEL C. PARTEE
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 17, 2005
