THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ROBERT F. KASSELA JR. and )
KELLIE R. KASSELA, )
)
Complainants, )
)
v. ) PCB No. 06-001
) (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)
(SEE 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’S AGREED MOTION FOR
EXTENSION OF TIME TO RESPOND TO COMPLAINANTS’
INTERROGATORIES AND REQUEST FOR THE PRODUCTION OF
DOCUMENTS
, a copy of which is herewith served upon you.
Respectfully submitted,
TNT LOGISTICS NORTH AMERICA INC.,
Respondent,
Dated: February 24, 2006 By: /s/Thomas G. Safley
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, FEBRUARY 24, 2006
CERTIFICATE OF SERVICE
I, Thomas G. Safley, the undersigned, hereby certify that I have served the
attached RESPONDENT’S AGREED MOTION FOR EXTENSION OF TIME TO
RESPOND TO COMPLAINANTS’ INTERROGATORIES AND REQUEST FOR THE
PRODUCTION OF DOCUMENTS 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 February 24, 2006; and upon:
Bradley P. Halloran, Esq.
Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Timothy M. Nolan, Esq.
Mary Ann Sullivan, Esq.
53 West Jackson Boulevard
Suite 1137
Chicago, Illinois 60604-3702
by depositing said documents in the United States Mail, postage prepaid, in Springfield,
Illinois on February 24, 2006.
/s/Thomas G. Safley
Thomas G. Safley
TNTL:002/Fil/Kassela/NOF-COS – Motion for Extension of Time
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 24, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ROBERT F. KASSELA JR. and )
KELLIE R. KASSELA, )
)
Complainants, )
)
v. ) PCB No. 06-001
) (Enforcement – Noise)
TNT LOGISTICS NORTH AMERICA )
INC.,
)
)
Respondent. )
RESPONDENT’S AGREED
MOTION FOR EXTENSION OF TIME
TO RESPOND TO COMPLAINANTS’ INTERROGATORIES
AND REQUEST FOR THE PRODUCTION OF DOCUMENTS
NOW COMES Respondent, TNT LOGISTICS NORTH AMERICA, INC.
(“Respondent” or “TNT Logistics”), by and through its attorneys, HODGE DWYER
ZEMAN, and pursuant to 35 Ill. Admin. Code §§ 101.502, 101.522, and 101.610(n)
moves the Hearing Officer for an extension of time to respond to Complainants’
Interrogatories and Request for the Production of Documents. In support of this Motion,
Respondent states as follows:
1. On January 27, 2006, Complainants served their Interrogatories and
Request for the Production of Documents (“Request for Production”) on Respondent.
2. Respondent’s Response to Complainants’ Interrogatories and Request for
Production is due on February 24, 2006.
3. Respondent is in the process of preparing its Response, but due to the
press of other matters, is unable to complete its Response by February 24, 2006.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 24, 2006
2
4. Therefore, Respondent requests an extension of time for 21 days, to and
including March 17, 2006, in which to file its Response to Complainants’ Interrogatories
and Request for Production.
5. The undersigned has contacted counsel for Complainants regarding this
Motion, and said counsel has indicated that her clients have no objection to this Motion.
6. This Motion is made in good faith and not for purposes of delay.
WHEREFORE, for the above and foregoing reasons, Respondent, TNT
LOGISTICS NORTH AMERICA, INC., respectfully moves the Hearing Officer to grant
this Motion for Extension of Time, and allow Respondent an extension of time for 21
days, or until March 17, 2006, in which to file its Response to Complainants’
Interrogatories and Request for the Production of Documents.
Respectfully submitted,
TNT LOGISTICS NORTH AMERICA INC.,
Respondent,
By: /s/Thomas G. Safley
One of Its Attorneys
Dated: February 24, 2006
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/Motion for Extension of Time - Kassela
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 24, 2006