RECEIVED
ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICE
SEP 0 5 2006
ILLINOIS ENVIRONMENTAL
STATE OF
ILLINOIS
)
PROTECTION
AGENCY,
Pollution Control Board
)
No. AC-06-49
Complainant,
)
(IEPA No . 96-06-AC)
-vs-
)
(Administrative Citation)
MICHAEL GRUEN and JON ERIC GRUEN,
)
d/b/a JON'S TREE SERVICE,
)
Respondents .
)
MOTION TO COMPEL
Come now Respondents, Michael Gruen and Jon Eric Gruen, d/b/a Jon's Tree Service, by
and through their attorneys, Farrell, Hunter, Hamilton & Julian,
P.C .,
and for their Motion to
Compel, state as follows
:
1 .
On or about July 19, 2006, Respondents, Michael Gruen and Jon Eric Gruen,
d/b/a Jon's Tree Service, served their Interrogatories and Request to Produce Documents on
Complainant, Illinois Environmental Protection Agency
.
The 28 days response period has
expired.
2.
In a letter dated August 22, 2006, Respondents requested that Complainant notify
Respondents of the status of producing discovery
.
Respondents requested notification as to the
status of producing discovery by August 28, 2006, and Respondents have received no response
.
3 .
The Interrogatories and Request to Produce
Documents have been sent to
opposing counsel, but they have not been sent to the Clerk of the Board, pursuant to 35
Ill. Adm .
Code 101 .302 (i)
.
4 .
A letter to resolve Complainant's non-compliance with discovery has been sent
pursuant to Supreme Court Rule 201(k)
. This letter has not been filed with the Clerk pursuant
to
101
.302(i).
1
WHEREFORE,
Respondents, Michael Gruen and Jon Eric Gruen, d/b/a Jon's
Tree
Service, pray that the court grant their Motion to Compel .
Respondents pray that the court direct
Complainant, Illinois Environmental
Protection Agency,
to produce all documents in
Respondents' Request to Produce Documents, and respond to
Respondents' Interrogatories.
Respondents pray for such other and further relief as the Hearing Officer deems equitable
and
just.
ed :
N and JON E C GRUEN,
SERVICE
BY:
Phillip H
. Hamilton, #6201288
Ebony R . Huddleston, #6288261
Farrell, Hunter, Hamilton & Julian, P
.C.
1310 D'Adrian Professional Park
Godfrey, IL 62035
Phone : 618-466-9080
Fax: 618-466-9105
Email
: lawfirm@fhhivc.com
2
ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
No. AC-06-49
Complainant,
)
(IEPA No. 96-06-AC)
-vs-
)
(Administrative Citation)
MICHAEL GRUEN and JON ERIC GRUEN,
)
d/b/a JON'S TREE SERVICE,
)
Respondents .
)
PROOF OF SERVICE
I hereby certify that I did on the_\ day of (Uk~kA4
,
2006, send by UPS, with
postage thereon fully prepaid, by depositing in a United States Post Office Box a true and correct
copy of the following instrument entitled Motion to Compel
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 N. Grand Ave
. East
P.O
. Box 19276
Springfield, IL 62794-9276
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Ave . East
P
.O
. Box 19274
Springfield, IL 62794-9274
And, I further certify, that in accordance with Section 101
.302, 35 Ill
. Adm . Code
101
.302, that no discovery materials were filed with the Clerk of the Board
.
3
Respectfully submitted :
MICHAEL G UEN- d JON ERIC GRUEN,
d/b/a JO
BY:
Phillip H. Hamilton, #6201288
Ebony R. Huddleston, #6288261
Farrell, Hunter, Hamilton & Julian, P .C.
1310 D'Adrian Professional Park
Godfrey, IL 62035
Phone: 618-466-9080
Fax : 618-466-9105
Email : lawfirm@fhhjpc .com
4
Farrell, Hunter, Hamilton & Julian, P
.C.
Attorneys At Law
PHH:aIg
Enclsoures
Cc :
Jon Gruen
Dorothy Gunn, Clerk
Pollution Control Board
VIA : UPS
James R
. Thompson Center
100 West Randolph St
., Ste . 11-500
Chicago, IL 60601
Re:
Environmental Protection Agency v
. Michael Gruen and Jon Eric Gruen,
d/b/a Jon's Tree Service, IEPA No
. 96-06-AC
Dear Ms
. Gunn:
Please find enclosed an original and nine (9) copies of the Motion to Compel in the above
captioned matter .
Please direct this motion to the Hearing Officer, Carol Webb
. This is not a dispositive
motion within the meaning of 35 Ill
. Adm. Code 101
.502.
A copy has been served on opposing counsel, and the Hearing Officer
. The Motion to
Compel involves discovery materials which have not been filed with the clerk
.
Yours very truly,
F
, HUNTE
AMILTON & JULIAN, P
.C .
LLIP H
. HAMILTON
RECEIVEDCLERK'S
OFFICE
SEP 0 5 2006
Pollution
STATE OF
Control
ILLINOISBoard
JOHN
PHILLIP
EBONY
CHRISTOPHER
TAMMY
A.
RMH.
FARRELL
.
.
HUDDLESTONJULIAN*HAMILTON"B
. HUNTER"
1310 D'ADRIAN
GODFREY, IL
PROFESSIONAL
62035-1688
PARK
E-MailWeb
Fax
TelephoneSite
:
Numberlawrirm@thhjpc
:
www
:
:
618-066-9080618466-9105.thhjpc.co.comm
*LICENSED IN IL & MO
August 31, 2006
OF COUNSEL
J . THOMAS LONG*
