THIS FILING SUBMITTED ON RECYCLED PAPER

 

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

 

MORTON F. DOROTHY, )

 

  

  

  

  

  

)

Complainant, )

 

  

  

  

  

  

)

v. ) PCB No. 05-49

 

  

  

  

  

  

)

FLEX-N-GATE CORPORATION, )

an Illinois corporation, )

 

  

  

  

  

  

)

Respondent. )

 

NOTICE OF FILING

 

TO: Ms. Dorothy M. Gunn Carol Webb, Esq.

Clerk of the Board Hearing Officer

Illinois Pollution Control Board

Illinois Pollution Control Board

100 West Randolph Street 1021 North Grand Avenue East

Suite 11-500 Post Office Box 19274

Chicago, Illinois 60601 Springfield, Illinois 62794-9274

 

(VIA ELECTRONIC MAIL) (VIA ELECTRONIC MAIL)

 

PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of

the Illinois Pollution Control Board

RESPONDENT’S STATUS REPORT OF

DISCOVERY MOTIONS OUTSTANDING AS OF OCTOBER 20, 2005, AND

PROPOSED DISCOVERY SCHEDULE,

a copy of which is herewith served upon

you.

 

 

Respectfully submitted,

 

FLEX-N-GATE CORPORATION,

Respondent,

 

By:/s/ Thomas G. Safley

  

One of Its Attorneys

Dated: December 9, 2005

 

Thomas G. Safley

HODGE DWYER ZEMAN

3150 Roland Avenue

Post Office Box 5776

Springfield, Illinois 62705-5776

(217) 523-4900

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 9, 2005

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CERTIFICATE OF SERVICE

 

I, Thomas G. Safley, the undersigned, certify that I have served the attached

RESPONDENT’S STATUS REPORT OF DISCOVERY MOTIONS OUTSTANDING

AS OF OCTOBER 20, 2005, and PROPOSED DISCOVERY SCHEDULE upon:

Ms. Dorothy M. Gunn

Clerk of the Board

Illinois Pollution Control Board

100 West Randolph Street

Suite 11-500

Chicago, Illinois 60601

 

Carol Webb, Esq.

Hearing Officer

Illinois Pollution Control Board

1021 North Grand Avenue East

Post Office Box 19274

Springfield, Illinois 62794-9274

 

via electronic mail on December 9, 2005; and upon:

 

Mr. Morton F. Dorothy

104 West University, SW Suite

Urbana, Illinois 61801

 

by depositing said documents in the United States Mail in Springfield, Illinois, postage

prepaid, on December 9, 2005.

 

/s/ Thomas G. Safley

  

Thomas G. Safley

 

GWST:003/Fil/NOF and COS – Respondent Status Rprt of Mtns Outstanding & Disc Schedule

 

 

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 9, 2005

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

 

MORTON F. DOROTHY, )

 

  

  

  

  

  

)

Complainant, )

 

  

  

  

  

  

)

v. ) PCB No. 05-49

 

  

  

  

  

  

)

FLEX-N-GATE CORPORATION, )

an Illinois corporation, )

 

  

  

  

  

  

)

Respondent. )

 

RESPONDENT’S STATUS REPORT OF

DISCOVERY MOTIONS OUTSTANDING AS OF

OCTOBER 20, 2005, AND PROPOSED DISCOVERY SCHEDULE

 

NOW COMES Respondent, FLEX-N-GATE CORPORATION (“Flex-N-Gate”),

by and through its attorneys, HODGE DWYER ZEMAN, pursuant to the Hearing

Officer’s Order dated November 1, 2005, and for its Status Report of Discovery Motions

Outstanding as of October 20, 2005, and Proposed Discovery Schedule, states as follows:

I.

 

BACKGROUND

 

1.

 

On November 1, 2005, the Hearing Officer directed Complainant and

Respondent to prepare and submit a joint status report and proposed discovery schedule

prior to the December 12, 2005, telephone status conference.

2.

 

The subject of the status report was to be identification of motions which

remain outstanding after the Illinois Pollution Control Board’s (“Board”) Order dated

October 20, 2005, in this matter.

3.

 

Respondent prepared its proposed joint status report; transmitted the same

to Complainant by U.S. Mail on November 18, 2005; and attempted to contact

Complainant regarding the draft report on November 29, 2005.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 9, 2005

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2

4.

 

Respondent made two attempts to contact Complainant, one via phone,

and one via fax.

5.

 

As of the date of this filing, we have received no response to these

attempts.

6.

 

In order to comply with the Hearing Officer’s Order, Respondent

respectfully files its status report and proposed discovery schedule

II. Respondent’s Status Report of Discovery Motions Outstanding

7.

 

Only one discovery motion remains outstanding following the Board’s

Order dated October 20, 2005.

8.

 

The undecided motion is “Complainant’s Motion for Expedited

Discovery” dated October 14, 2004. The Board specifically reserved ruling on this

motion in its November 18, 2004, Order.

9.

 

All other motions have either been decided or designated as moot by order

of the Board. Specifically, the Board stated in its October 20, 2005, Order:

The remaining motions, such as Mr. Dorothy’s motions to compel and for

reconsideration of the June 7, 2005 hearing officer order, and Flex-N-

Gate’s motion for a protective order, are denied as moot.

 

IPCB, October 20, 2005 Order at 3.

 

III. RESPONDENT’S PROPOSED SCHEDULE FOR DISCOVERY

10.

 

Respondent proposes that sixty (60) days be granted for written discovery

regarding the matters at issue in this matter.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 9, 2005

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3

III. CONCLUSION

WHEREFORE, Respondent, FLEX-N-GATE CORPORATION, respectfully

moves the Hearing Officer to accept the conclusions of this report and enter the proposed

schedule for discovery in this matter.

Respectfully submitted,

FLEX-N-GATE CORPORATION

Respondent,

 

 

  

  

  

  

  

By:/s/ Thomas G. Safley

  

 

  

  

  

  

  

  

One of Its Attorneys

Dated: December 9, 2005

 

Thomas G. Safley

HODGE DWYER ZEMAN

3150 Roland Avenue

Post Office Box 5776

Springfield, Illinois 62705-5776

(217) 523-4900

 

GWST:003/Fil/Respondent Status Rprt of Mtns Outstanding & Disc Schedule

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 9, 2005