BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
VERNON AND ELAINE ZOHFELD,
COMPLAINANTS
ROBERT
DRAKE,
WABASH
VALLEY SERVICE COMPANY,
MICHAEL J. PFISTER, NOAH D.
HORTON AND STEVE KINDER,
RESPONDENTS
RECEIVED
CLERKS OFFICE
AUG 232005
CAUSE NO. PCB 2005-193 STATE OF
ILLINOIS
Pollution Control Board
NOTICE OF FILING AND PROOF OF SERVICE
The undersigned certifies that on today’s date an original and nine (9) copies of
Respondent Robert Drake’s Motion for Leave to File a Reply to Complainants’
Response to Motion to Stay Proceedings, and of this Notice of Filing, were served by U.S.
mail upon the Clerk ofthe Illinois Pollution Control Board and Hearing Officer Carol Webb,
Esq., and one (1) copy to each of the following parties of record in this cause:
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100W. Randolph St., Suite 11-500
Chicago, IL 60601-3218
Stephen F. Hedinger, Esq.
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
Carol Webb, Esq.
Hearing Officer
Illinois Pollution Control Board
1021 N. Grand Avenue East
P.O. Box
19274
Springfield, IL 62794-9274
Thomas G. Safley, Esq.
Gale W. Newton, Esq.
HODGE DWYER ZERMAN
3150 Roland Avenue
P.O. Box
5776
Springfield IL 62705-5776
by enclosing same in an envelope with postage fUlly prepaid, and by depositing said
envelope with the United States Postal Service in Evansville Indiana before 5:30 p.m. on
_________
August, 2005.
THIS FILING SUBMITTED ON RECYCLED PAPER
FINE & HATFIELD
A Profn,ional Corporation
P0.
BOX 779
EVANSVILLE, INDIANA 47705-0779
(112 425-3592
vs.
Respectfully submitted,
Thomas H. Bryan
(J~
# 2958-82
IL #328367
A Member with the law firm of:
FINE & HATFIELD,
A ProfessionalCorporation
520 N.W. Second Street
P.O. Box 779
Evansville, Indiana 47705-0779
Telephone: (812) 425-3592
Fax: (812) 421-4269
E-mail: thb@fine-hatfield.com
Attorneys for Robert Drake
Respondent
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
VERNON AND ELAINE ZOHFELD,
RECEIVED
COMPLAINANTS
CLERK’S
OFFICE
vs.
CAUSE NO. PCB 2005-193
AUG 232005
STATE OF
ILLINOIS
ROBERT
DRAKE,
WABASH
Pollution Control
Board
VALLEY SERVICE COMPANY,
MICHAEL J. PFISTER, NOAH D.
HORTON
AND
STEVE KINDER,
RESPONDENTS
RESPONDENT ROBERT DRAKE’S MOTION FOR LEAVE TO FILE A
REPLY TO COMPLAINANTS’ RESPONSE TO MOTION TO STAY
PROCEEDINGS
Comes now Respondent, Robert Drake (hereafter “Drake”), by counsel, Thomas H.
Bryan of the firm of F I N E
& H
A T F I E L D
,
A Professional Corporation, and moves the
hearing officer in this matter, pursuant to Section 10 1.500(e) of the Illinois Pollution Control
Board’s (“Board”) procedural rules, 35 Ill. Admin. Code
§
101.500 (e), for leave to file their
Reply to Complainants’ Vernon and Elaine Zohfeld’s Response to Motion to Stay
Proceedings and states as follows:
1.
As counsel for Robert Drake, I am in receipt ofthe Motion for Leave to File a
Reply to Complainants’ Response to Motion to Stay Proceedings electronically filed on
August 15, 2005 by Thomas G. Safley, Esq. on behalf of the respondents Wabash Valley
Service Company, Michael J. Pfister, Noah D. Horton and Steve Kinder.
2.
The respondent, Robert Drake, has a similar motion for stay pending.
THIS FILING SUBMITTED ON
RECYCLED PAPER
FINE & HATFIELD
A Proleaa’ooaI Corporation
P.O. nox 779
EVANSVILLE, INDIANA 47705-0779
(112 425-3592
3.
Our office received service of Complainants’ Response to Motions to Stay
Proceedings on August
5, 2005.
4.
Respondent Robert Drake would like to join in the request of co-respondents’
Wabash Valley Service Company, Michael
3.
Pfister, Noah D. Horton and Steve Kinder for
an opportunity to reply to Complainants’ Response to Motions to Stay Proceedings.
WHEREFORE, the Respondent Robert Drake, through his counsel, Thomas H.
Bryan, of the firm of F I N E
& H
A T F I E L D ,A Professional Corporation, respectfully requests
that the Hearing Officer, Carol Webb, grant Robert Drake leave to file a Reply to
Complainants’ Response to Motions to Stay Proceedings.
Dated this
IS’~ty
of August, 2005.
Respectfully submitted,
Thomas H. Bryan
2958-82
IL# 328367
A Member with the law firm of:
FINE & HATFIELD,
A
ProfessionalCorporation
520 N.W. Second Street
P.O. Box
779
Evansville, Indiana 47705-0779
Telephone: (812) 425-3592
Attorneys for Respondent
Robert Drake
2
