RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN 3 1 2006
PEOPLE OF THE STATE OF
)
STATE OF ILLINOIS
ILLINOIS,
)
Pollution Control Board
Complainant,
)
PCB 04-16
(Enforcement - Air)
V
.
)
PACKAGING PERSONIFIED, INC., an
)
Illinois Corporation
)
Respondent
.
)
NOTICE OF FILING
TO :
Bradley P . Halloran
Christopher J. Grant
Hearing Officer
Office of the Attorney General
Illinois Pollution Control Board
188 West Randolph
James R. Thompson Center
20th Floor
Suite 11-500
Chicago, IL 60601
100 West Randolph Street
Chicago, Illinois 60601
PLEASE TAKE NOTICE that on Tuesday, January 31, 2006, we filed the attached
Respondent's Motion to Compel Responses to Written Discovery via hand delivery with the
Clerk of the Illinois Pollution Control Board, a copy of which is herewith served upon you
.
Respectfully submitted,
PAC
G PERSONIFIED, [NC
.
Roy M. Harsch
Gardner Carton & Douglas LLP
191 N. Wacker Drive
Suite 3700
Chicago, Illinois 60606-1698
(312) 569-1000
THIS FILING IS SUBMITTED ON RECYCLED PAPER
R E
RK,E~VIE D
JAN
OF THE STATE OF ILLINOIS
3 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
PCB 04-16
(Enforcement - Air)
v .
)
PACKAGING PERSONIFIED, INC., an
)
Illinois Corporation
)
Respondent
.
)
STATE OF ILLINOIS
Pollution Control Board
RESPONDENT'S MOTION TO COMPEL RESPONSES TO WRITTEN DISCOVERY
Respondent, Packaging Personified, Inc . ("Packaging"), by its attorneys Gardner Carton
& Douglas LLP, hereby moves pursuant to 35 IAC 101 .616(b) & (d) for entry of an Order
compelling Complainant, the People of the State of Illinois ("Complainant"), to provide answers
and documents in response to certain of Respondent's First Set of Interrogatories and Requests
for Production of Documents ("Respondent's Discovery" or the "Discovery Requests")
.
On January 14, 2005, Packaging served Complainant with its Discovery Requests, and
Complainant served written responses on March 17, 2005 . In its written responses, Complainant
refused to provide the discovery requested in Interrogatories 6 through 12 and Document
Requests 13 through 18, asserting that the information sought in those Discovery Requests "does
not relate to any claim or defense" in this case. On April 20, 2005, counsel for Packaging and
for Complainant conferred by telephone regarding Respondent's Discovery, and the Parties have
continued to confer informally on this issue since that telephone conference . Counsel have in
good faith attempted to negotiate a resolution but, to date, have been unable to resolve this
discovery impasse
.
Accordingly, Packaging is bringing this motion to compel responses to
Interrogatories 6 through 12 and Document Requests 13 through 18 .
"Illinois Supreme Court rules permit liberal pretrial discovery ."
DuFour v. Mobil Oil
Corp.,
301 III. App. 3d 156, 160, 703 N .E 2d 448, 451 (1st Dist . 1998). Further, the Board's
rules provide that "[a]II relevant information and information
calculated to lead to relevant
information
is discoverable." 35 IAC 101 .616(a) (emphasis added) ;
see also DuFour,
301 111 .
App. 3d at 160, 703 N .E.2d at 451
.
Interrogatories 6 through 12 and Document Requests 13 through 18 request information
relating to the Flexographic Printing Rules, 35 IAC 218 .401
et seq .,
which resulted from the
rulemaking proceeding designated R93-9 . The Flexographic Printing Rules are certainly
relevant to this matter, as Complainant's claims are based on allegations regarding emissions
from Packaging's flexographic printing presses, and several counts in the First Amended
Complaint cite directly to the Flexographic Printing Rules. Further, the rulemaking proceeding
R93-9, the timing of that proceeding relative to the timing of the alleged violations, and
Packaging's ability to participate in R93-9 and seek a variance or adjusted standard are all
relevant to whether Complainant can establish both liability and appropriateness of the proposed
penalty. More specifically
:
•
Interrogatories 6, 7, and 8 seek the identity of entities who received notice or
other correspondence regarding R93-9 . Document Request 13 asks for comments
and other documents relating to R93-9, and Document Requests 14 and 15 asks
for documents and notice provided to Packaging related to R93-9
.
These
Discovery Requests are relevant because Packaging is entitled to determine if
other companies received notice or other documents regarding the Flexographic
Printing Rules that Packaging did not receive, and if other companies were able to
participate in R93-9 at a level of involvement that was not available to Packaging .
•
Interrogatories 9 and 10 ask for information on air regulation and permitting
pertaining to companies in the same industry as Packaging Personified
.
Document Requests 16
1 ask for documents relating to adjusted standards and
variances sought by companies in the same industry as Packaging Personified
.
' Note that Packaging erroneously numbered two consecutive Document Requests both as number 16
.
Complainant has objected to both requests, and Packaging is requesting responses for both in this motion
.
2
These Discovery Requests are relevant to the extent that other similarly-situated
companies received regulatory relief that Packaging could also have received
.
•
Interrogatories I I and 12 and Document Requests 17 and 18 request information
USEPA and the State of Illinois involvement with the Flexographic Printing
Rules, including enforcement of the Rules and SIP approval of variances and
adjusted standards
.
These Discovery Requests are relevant because the
information sought is relevant to Complainant's stance in this case relative to
other enforcement cases or petitions relating to the Flexographic Printing Rules
.
In its objections to Packaging's Interrogatories 6 through 12 and Document Requests 13
through 18, Complainant states that the information sought is not relevant. However, to the
contrary, as demonstrated above, Packaging is entitled to this information because it is relevant
to the regulatory context of Complainant's entire case
.
For the foregoing reasons, Respondent Packaging Personified, Inc ., respectfully requests
that the Board enter an Order compelling Complainant to serve appropriate responses to
Respondent's Discovery, specifically Interrogatories 6 through 12 and Document Requests 13
through 18 .
Dated: January 31, 2006
Respectfully Submitted,
PACKAGING PERSONIFIED, INC .
B
Roy M. Harsch
GARDNER CARTON & DOUGLAS, LLP
191 N. Wacker Drive, Suite 3700
Chicago, Illinois 60606-1698
Telephone: (312) 569-1000
Facsimile: (312) 569-3000
3
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing Respondent's Motion to Compel
Responses to Written Discovery was filed via hand delivery with the Clerk of the Illinois
Pollution Control Board and served upon the parties below by U .S. First Class Mail on Tuesday,
January 31, 2006.
Bradley P . Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
(110 1/ 124484942
Christopher J . Grant
Office of the Attorney General
188 West Randolph
20`h Floor
Chicago, IL 60601
