Lisa Madigan
AYI ORNEY GENERAL
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. 00-104
Dear Clerk Gunn
:
Enclosed for filing please find the original and ten copies of a NOTICE OF FILING and
MOTION FOR REVISION OF 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 envelope
.
Thank you for your cooperation and consideration
.
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
December 15, 2005
RECEIVED
DEC 2 0 2005
'Pol
SUTE
lutionContrrol Board
Very truly yours,
Jane E. McBride
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
J
1001 East Main, Carbondale, Illinois 62901
•
(618) 529-6400
•
TTY: (618) 529-6403
-
Fax: (618) 529-6416
JEM/pp
Enclosures
500 South Second Street, Springfield, Illinois 62706
•
(217) 782-1090
•
TTY (217) 785-2771
•
Fax: (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601
•
(312) 814-3000
•
TTY (312) 814-3374
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Fax: (312) 814-3806
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK S OFFICE
j
DEC 2 0 2005
Complainant,
)
STATE OF
ILLINOIS
v .
)
PCB NO. 00-104
Board
(Enforcement)
PEOPLE OF THE STATE OF ILLINOIS,
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, Esq
.
Harrington, Tock & Royse
McDermott, Will & Emery
201 W. Springfield Avenue
227 West Monroe Street
Suite 601
Chicago, IL 60606-5096
Champaign, IL 61824-1550
PLEASE TAKE NOTICE that on December 15, 2005, I mailed for filing with the Clerk of the
Pollution Control Board of the State of Illinois, a MOTION FOR REVISION OF AGREED
DISCOVERY SCHEDULE, a copy of each is attached hereto and herewith served upon you
.
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 :
JANE E. McBRID
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: December 15, 2005
CERTIFICATE OF SERVICE
I hereby certify that I did on December 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 MOTION FOR REVISION OF
AGREED DISCOVERY SCHEDULE
To
:
Mr. Jeffrey W . Tock
Mr. Charles M. Gering
Harrington, Tock & 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 R. Thompson Center, Ste . 11-500
100 West Randolph
Chicago, IL 60601
This filing is submitted on recycled paper
.
%~---
•
-
>``>~t
~ne E. McBride
Assistant Attorney General
G
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
Complainant,
V .
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
.
MOTION FOR REVISION OF AGREED DISCOVERY SCHEDULE
NOW COMES the Complainant, PEOPLE OF THE STATE OF ILLINOIS, and with the
agreement and approval of the Respondents THE HIGHLANDS, LLC, and MURPHY FARMS,
INC., moves for the following revision of the agreed discovery schedule . Complainant so
moves for the following reasons
:
1 .
There has been a delay in the transfer of copies of documents between the
parties. There is not a dispute regarding production at this point, there simply has been a delay
in the parties ability to get all documents properly transferred between them
.
2
.
This delay has resulted in a delay in the parties' ability to properly prepare for the
next stage of discovery, which is deposition of fact witnesses
.
3 .
Complainant, with the agreement of the Respondents, therefore respectfully
requests a two month extension of the fact witness deposition deadline
.
4 .
Complainant hereby submits the following revised proposed agreed discovery
schedule for the continuing litigation between the parties
:
RECEIVED
DEC 2 0 2005
STATE OF ILLINOIS
PCB No. 00-1ftIIution Control Board
(Enforcement)
1
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY :
`' __ 17'1 ~-
S
E E. MCBRIDE
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
Dated: December 15, 2005
2
Deposition of fact witnesses completed by all parties
February 15, 2006
Complainant to disclose opinion and
expert witnesses and opinions
March 15, 2006
Respondent to disclose opinion and
expert witnesses and opinions
April 14, 2006
Depositions of all opinion and expert witnesses
completed by all parties
May 17, 2006
All written discovery completed and responses served
June 16, 2006
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the State of Illinois
