1. HEARING OFFICER ORDER
 
ILLINOIS POLLUTION CONTROL BOARD
September 20, 2006
GRAND PIER CENTER LLC and
)
AMERICAN INTERNATIONAL
)
SPECIALTY LINES INSURANCE CO., as
)
subrogee of GRAND PIER CENTER LLC,
)
)
Complainants,
)
)
v.
)
PCB 05-157
)
(Citizens Enforcement – Land)
RIVER EAST LLC, CHICAGO DOCK
)
AND CANAL TRUST, CHICAGO DOCK
)
AND CANAL COMPANY, and TRONOX LLC, )
)
Respondents.
)
___________________________________________
TRONOX LLC,
)
Counter-Complainants,
)
)
v.
)
PCB 05-157
)
(Citizens Enforcement – Land)
GRAND PIER CENTER LLC, and
)
AMERICAN INTERNATIONAL
)
SPECIALTY LINES INSURANCE CO., as
)
subrogee of Grand Pier Center LLC,
)
)
Counter-Respondents.
)
HEARING OFFICER ORDER
The complainants served the original complaint in this matter on the law firms Pederson
and Houpt and Covington and Burling. The former firm appeared on behalf of River East LLC
(River East) and the Chicago Dock and Canal Trust (Trust). Appearances on behalf of
respondent Tronox LLC (formerly Kerr-McGee) were filed by individuals from the firms
Connelly Roberts and McGivnery, LLC and Covington and Burling. No appearance or filings
have ever been received on behalf of Chicago Dock and Canal Company (Company).
On February 16, 2006, Pedersen and Houpt, the attorney of record for River East and
Trust, filed a motion to withdraw its representation of River East and Trust due to non-payment
of fees. No responses were filed. On April 5, 2006, the hearing officer granted the motion to
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withdraw. It appears that River East, Trust, and the Company were never served with the motion
or any orders or pleadings thereafter.
Since then, no appearance has been filed on behalf of River East and/or Trust. These
respondents have not appeared at status conferences held since April 5, 2006, as noted in the
hearing officer orders following those status conferences. No appearance has evern been filed on
behalf of Company, which has never participated in status conferences.
In August 2006, the hearing officer directed the Clerk to contact Pederson and Houpt to
obtain current addresses for respondents other than Tronox. On or about August 29, 2006,
Pedersen and Houpt forwarded a list of names and addresses of 15 individuals. To correct any
deficiencies in service on respondents other than Tronox, the hearing officer directs the Clerk to
serve copies of Pederson and Houpt’s February 16, 2006 motion to withdraw and all Board and
hearing officer orders entered in this case since then.
The parties or their legal representatives are directed to participate in a telephonic status
conference with the hearing officer on November 2, 2006, at 10:00 a.m. The parties are reminded
that in an adjudicatory proceeding before the Board, like this enforcement matter, only
individuals may represent themselves and appear
pro se
. Trusts, companies, and other legal
entities must be represented by a licensed attorney.
See
35 Ill. Adm. Code 101.400 (a) (2).
Since River East, Trust, and Company are corporate respondents, they must be represented by an
attorney who has filed an appearance with the Board. In other words, the 15 individuals being
served consistent with this order may not participate in the status conference; the only
appropriate participants are attorneys for complainants, Tronox, and any attorney who has filed
an appearance on behalf of River East, Trust, and/or the Company.
The November 2, 2006 telephonic status conference must be initiated by the
complainants but each party is nonetheless responsible for its own appearance. At the status
conference, the parties must be prepared to discuss the status of the above-captioned matter and
their readiness for hearing. Prior to that date, complainants are also directed to file proof that the
original complaint was properly served on the Company, so as to give the Board jurisdiction of
this respondent.
IT IS SO ORDERED
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Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
312.814.8917
4
CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first
class, on September 20, 2006, to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to
the following on September 20, 2006:
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
(312) 814-8917
3
.
.
.
.
PCB 2005-157
Daniel C. Murray
Johnson & Bell, Ltd.
33 West Monroe Street
Suite 2700
Chicago, IL 60603-5404
PCB 2005-157
Frederick S. Mueller
Johnson & Bell, Ltd.
33 West Monroe Street
Suite 2700
Chicago, IL 60603-5404
PCB 2005-157
Garrett L. Boehm, Jr
Johnson & Bell, Ltd.
33 West Monroe Street
Suite 2700
Chicago, IL 60603-5404
PCB 2005-157
Garrett C. Carter
Connelly, Roberts & McGivney
1 North Franklin
Suite 1200
Chicago, IL 60606
PCB 2005-157
Michael P. Connelly
Connelly, Roberts & McGivney
1 North Franklin
Suite 1200
Chicago, IL 60606
PCB 2005-157
Thomas E. Hogan
Covington & Burling
1201 Pennsylvania Avenue, N.W.
Washington, DC 20004-2401
PCB 2005-157
Bob Fealy
Duchossois Industries, Inc
845 Larch Avenue
Elmhurst, IL 60126
PCB 2005-157
David Filkin
Duchossis Industries, Inc
845 Larch Avenue
Elmhurst, IL 60126
PCB 2005-157
Patrick G. Ryan, Jr
First Look Dealer Network
815 W. Van Buren Street, Suite 500
Chicago, IL 60607
PCB 2005-157
Dean Buntrockc/oMr. Don Langford
Oakbrook Terrace Tower
One Tower Lane, Suite 2242
Oakbrook Terrace, IL 60181-4636
4
9
e
PCB 2005-157
John Melk
One Fisher Island Drive
Executive Offices, Third Floor
Fisher Island, FL 33109
PCB 2005-157
Janet Melk
100 E. Huron, Apt. 4503
Chicago, IL 60611
PCB 2005-157
Brian Flynn
Flynn Enterprises
676 N. Michigan Avenue, Suite 400
Chicago, IL 60611
0
PCB 2005-157
Dan Miller
Jones, Day, Reavis & Pogue
77 W. Wacker Drive, Suite 3500
Chicago, IL 60601-1692
PCB 2005-157
Kevin Flynn
Emerald Ventures, Inc.
120 N. LaSalle Street, Suite 3300
Chicago, IL 60602
PCB 2005-157
Donald Flynn
Flynn Enterprises
676 N. Michigan Avenue, Suite 4000
Chicago, IL 60611
PCB 2005-157
Keith Skibicki
Flynn Enterprises
676 N. Michigan Avenue, Suite 400
Chicago, IL 60611
0
PCB 2005-157
Jeffrey Shearer
Lost Dune Golf Club
9300 Red Arrow Highway, P. O. Box 9
Bridgman, MI 49106-0099
PCB 2005-157
Howard C. Warren
161 E. Chicago Avenue
Apt. 38B
Chicago, IL 60611
PCB 2005-157
Peer Pedersen
Pedersen & Houpt
161 N. Clark Street, Suite 3100
Chicago, IL 60601-3224
PCB 2005-157
Karen MacAdam
340 W. Barry Avenue - Coachhous
Chicago, IL 60657
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