THIS FILING SUBMITTED ON RECYCLED PAPER
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
     
    KEN BLOUIN, )
     
      
      
      
      
      
    )
    Complainant, )
     
      
      
      
      
      
    )
    v. ) PCB No. 05-217
    ) (Enforcement – Noise)
    TNT LOGISTICS NORTH AMERICA )
    INC.,
      
      
      
      
    )
     
      
      
      
      
      
    )
    Respondent. )
     
    NOTICE OF FILING
     
    TO: Ms. Dorothy M. Gunn Bradley P. Halloran, Esq.
    Clerk of the Board Hearing Officer
    Illinois Pollution Control Board
    Illinois Pollution Control Board
    100 West Randolph Street
    100 West Randolph Street
    Suite 11-500 Suite 11-500
     
     
    Chicago, Illinois 60601
     
    Chicago, Illinois 60601
     
    (VIA ELECTRONIC MAIL)
     
      
    (VIA FIRST CLASS MAIL)
     
     
    (PERSONS ON ATTACHED SERVICE LIST)
     
    PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
    the Illinois Pollution Control Board Respondent, TNT Logistics North America, Inc.’s
    RESPONSE TO COMPLAINANT’S DISCOVERY SCHEDULE REVISION
    , a
    copy of which is herewith served upon you.
     
    Respectfully submitted,
    TNT LOGISTICS NORTH AMERICA INC.,
    Respondent,
     
     
    By: /s/Thomas G. Safley
      
    Dated: December 20, 2005 One of Its Attorneys
     
    Edward W. Dwyer
    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 20, 2005
    CERTIFICATE OF SERVICE
     
    I, Thomas G. Safley, the undersigned, hereby certify that I have served the
    attached RESPONSE TO COMPLAINANT’S DISCOVERY SCHEDULE REVISION
    upon:
    Ms. Dorothy M. Gunn
    Clerk of the Board
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    Chicago, Illinois 60601
     
    via electronic mail on December 20, 2005; and upon:
     
    Bradley P. Halloran, Esq.
    Hearing Officer
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    Chicago, Illinois 60601
     
    Mr. Ken Blouin
    6446 Lakeway Drive
    Monee, Illinois 60449
     
    by depositing said documents in the United States Mail, postage prepaid, in Springfield,
    Illinois on December 20, 2005.
     
    /s/Thomas G. Safley
      
    Thomas G. Safley
     
    TNTL:002/Fil/Blouin/NOF-COS – Response to Discovery Schedule Revision
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
     
    KEN BLOUIN, )
     
      
      
      
      
      
    )
    Complainant, )
     
      
      
      
      
      
    )
    v. ) PCB No. 05-217
    ) (Enforcement – Noise)
    TNT LOGISTICS NORTH AMERICA )
    INC.,
      
      
      
      
    )
     
      
      
      
      
      
    )
    Respondent. )
     
    RESPONSE TO COMPLAINANTS’ DISCOVERY SCHEDULE REVISION
     
    NOW COMES Respondent, TNT LOGISTICS NORTH AMERICA INC.
    (“TNT”), by its attorneys, HODGE DWYER ZEMAN, and for its Response to
    Complainant’s Discovery Schedule Revision, states as follows:
    1. On December 19, 2005, the undersigned received Complainant’s
    Discovery Schedule Revision, a copy of which is attached hereto as Exhibit A.
    2. This filing contains what appears to be a typographical error, stating:
    “This cause comes before the Hearing Officer on submission by the parties of a joint
    proposed Discovery Schedule.” Exhibit A. (Emphasis added.)
    3. TNT does not agree to the discovery deadlines proposed by Complainant
    in his Discovery Schedule Revision.
    4. Rather, as stated in TNT’s Motion for Entry of Respondent’s Proposed
    Discovery Schedule, filed on December 16, 2005, TNT and Complainant have not
    reached an agreement on proposed discovery deadlines or filed a “joint proposed
    Discovery Schedule.” See id. at ¶3.
    5. Thus, TNT’s Motion for Entry of Respondent’s Proposed Discovery
    Schedule moved the Hearing Officer to enter TNT’s proposed Discovery Schedule filed
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
     
    2
    therewith, which Discovery Schedule includes different deadlines than those proposed by
    Complainant.
    WHEREFORE, Respondent, TNT LOGISTICS NORTH AMERICA INC.,
    respectfully moves the Hearing Officer to enter TNT’s proposed Discovery Schedule
    filed on December 16, 2005, and not Complainant’s Discovery Schedule Revision, and to
    grant TNT all other relief just and proper in the premises.
    Respectfully submitted,
    TNT LOGISTICS NORTH AMERICA INC.,
    Respondent,
     
     
     
    By: /s/Thomas G. Safley
      
    One of Its Attorneys
     
    Dated: December 20, 2005
    Edward W. Dwyer
    Thomas G. Safley
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
     
     
    TNTL:002/Fil/Blouin/Response to Discovery Schedule Revision
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
    THE ILLINOIS POLLUTION CONTROL BOARD
    Ken Blouin
    Compliant
    V/s
    TNT Logistics North America Inc.
    Respondent
    DISCOVERY SCHEDULE REVISION
    PCB No. 05-217
    This cause comes before the Hearing Officer on submission by the parties of a joint
    proposed Discovery Schedule. Having considered the foregoing, & being duly advised,
    the Hearing Officer now finds that such Discovery Schedule should be APPROVED, &
    the following Discovery Schedule i
    DATES
    TASK
    February 1, 2006
    overy served & answered.
    rch 15, 2006
    Compliants' opinion witnesses) & their opinions
    disclosed.
    April 15, 2006
    Respondent's opinion witnesses) & their opinions
    disclosed.
    May 1, 2006
    Depositions completed.
    May l, 2006
    Close of all discovery.
    Dated:
    Hea
    Distribution to: Complainants; counsel for Respondent
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005

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