BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CHAMPAIGN COUNTY, ILLINOIS
MORTON F. DOROTHY,
)
)
Complainant,
)
)
vs.
)
No. PCB 05-049
)
FLEX-N-GATE CORPORATION,
)
an Illinois Corporation,
)
)
Respondent.
)
MOTION TO STRIKE RESPONDENT'S RESPONSE TO COMPLAINANT'S REQUEST
FOR PRODUCTION OF MEDICAL SURVEILLANCE RECORDS
Complainant Morton F. Dorothy moves that the Hearing Officer strike
Respondent’s Response to Complainant’s Request for Production of Medical
Surveillance Records, and for reason says as follows:
1.
On September 21, 2006, Complainant directed a request for production of
medical surveillance records to Flex-N-Gate Corporation through its attorney of
record in this case.
2.
The request was made pursuant to 29 CFR 1910.120(f)(2)(ii), and is a formal
prerequisite to litigation pursuant to that Federal law, over which the Board has
no subject matter jurisdiction.
3.
The request was not captioned for this case, was not filed with the Board, or
served on the Hearing Officer, and is, indeed, irrelevant to this case.
4.
Neither the Board nor the Hearing Officer has jurisdiction to rule on anything
concerning this request.
WHEREFORE Complainant moves that the Hearing Officer strike Respondent’s
Response to Complainant’s Request for Production of Medical Surveillance Records.
/s/ Morton F. Dorothy
Morton F. Dorothy, Complainant
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 24, 2006
CERTIFICATE OF SERVICE
I, the undersigned, certify that, on the 24
th
day of October, 2006, I served the
listed documents, by first class mail, upon the listed persons:
MOTION TO STRIKE RESPONDENT'S RESPONSE TO COMPLAINANT'S REQUEST
FOR PRODUCTION OF MEDICAL SURVEILLANCE RECORDS
Thomas G. Safley
Carol Webb
Hodge Dwyer Zeman
Hearing Officer, IPCB
3150 Roland Avenue
1021 North Grand Avenue East
Post Office Box 5776
Post Office Box 19274
Springfield, IL 62705-5776
Springfield, IL 62794-9274
/s/ Morton F. Dorothy
Morton F. Dorothy, Complainant
Morton F. Dorothy
104 W. University
Southwest Suite
Urbana IL 61801
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 24, 2006