1. as subrogee of GRAND PIER CENTER LLC )
      1. COMPLAINANTS’ MOTION FOR DEFAULT JUDGMENT AGAINST RIVER EAST LLC AND CHICAGO DOCK AND CANAL TRUST
        1. The undersigned certifies he caused to be served the foregoing COMPLAINANTS’ MOTION FOR DEFAULT JUDGMENT AGAINST RIVER EAST LLC AND CHICAGO DOCK AND CANAL TRUST by U.S. Mail on the 7th day of November, 2006, to:
 
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
GRAND PIER CENTER LLC
)
AMERICAN INTERNATIONAL
)
SPECIALTY LINES INSURANCE CO.
)
as subrogee of
GRAND PIER CENTER LLC
)
)
Complainants,
) PCB 05-157
) (Citizens Enforcement – Land)
v.
)
)
RIVER EAST LLC
)
CHICAGO DOCK AND CANAL TRUST
)
CHICAGO DOCK AND CANAL COMPANY )
KERR-McGEE CHEMICAL LLC
)
)
Respondents.
)
COMPLAINANTS’ MOTION FOR DEFAULT JUDGMENT AGAINST RIVER
EAST LLC AND CHICAGO DOCK AND CANAL TRUST
Complainants Grand Pier LLC and American International Specialty Lines
Insurance Co. (collectively “Grand Pier”), move for entry of default judgment against
Respondents River East LLC and Chicago Dock and Canal Trust pursuant to section
101.608 of the Board’s procedural rules.
1.
Complainants served the Complaint upon the law firm of Pedersen &
Houpt, which appeared on behalf of River East LLC and Chicago Dock and Canal Trust.
Service was executed by Certified U.S. Mail.
2.
On February 16, 2006, Pedersen & Houpt moved to withdraw as counsel
for River East LLC and Chicago Dock and Canal Trust.
3.
On April 5, 2006, the hearing officer granted Pedersen & Houpt’s motion
to withdraw.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 8, 2006
4.
Since April 5, 2006, no attorney has appeared on behalf of River East LLC
or Chicago Dock and Canal Trust.
5.
In August 2006, the hearing officer directed the Clerk to contact Pedersen
& Houpt to obtain current addresses for members of River East LLC. Pedersen & Houpt
replied on August 29, 2006, with a list of 15 individuals.
6.
On September 20, 2006, the hearing officer ordered the Board’s Clerk to
serve copies of Pedersen & Houpt’s motion to withdraw representation, as well as all
Board and hearing officer orders, on the 15 individuals listed by Pedersen & Houpt as
related to River East LLC.
7.
The September 20, 2006, hearing officer order also directed all parties to
participate in a telephone status on November 2, 2006. However, the only parties that
participated in the November 2, 2006, telephone status conference were Complainants
and Tronox LLC.
8.
Section 101.608 of the Board’s procedural rules provides: “Failure of a
party to appear at the hearing, or failure to proceed as ordered by the Board or hearing
officer, will constitute default.”
9.
River East LLC and Chicago Dock and Canal Trust have ignored hearing
officer orders in this case by failing to secure representation subsequent to the withdrawal
of Pedersen & Houpt. Despite the hearing officer’s extraordinary efforts to procure an
appearance on behalf of River East LLC and Chicago Dock and Canal Trust, there has
been no response from these Respondents.
10.
Consequently, River East LLC and Chicago Dock and Canal Trust are in
default and Complainants request the Board enter an order finding that River East LLC,
2
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 8, 2006
as successor of and successor in interest to Chicago Dock and Canal Trust and Chicago
Dock and Canal Company (as alleged in paragraph 5 of the Complaint) be held in default.
Further, Complainants request the Board enter an order finding that Chicago Dock and
Canal Trust, as successor of and successor in interest to Chicago Dock and Canal
Company (as alleged in paragraph 6 of the Complaint) be held in default.
11.
Complainants also move this Board to direct the hearing officer to
schedule a hearing for proof of damages against River East LLC and Chicago Dock and
Canal Trust.
WHEREFORE, Complainants Grand Pier LLC and American International
Specialty Lines Insurance Co. pray the Board enter default judgment against River East
LLC (as successor of and successor in interest to Chicago Dock and Canal Trust and
Chicago Dock and Canal Company) and against Chicago Dock and Canal Trust and set
an evidentiary hearing before the hearing officer for proof of damages.
November 2, 2006
Respectfully submitted
GRAND PIER CENTER LLC and
AMERICAN INTERNATIONAL
SPECIALITY LINES INSURANCE CO.
By:
__s/Garrett L. Boehm, Jr.____________
One of Complainants’ attorneys
Frederick S. Mueller
Daniel C. Murray
Garrett L. Boehm, Jr.
Johnson & Bell, Ltd.
33 W. Monroe St., Suite 2700
Chicago, IL 60603
(312) 372-0770
3
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 8, 2006
 
Certificate of Service
The undersigned certifies he caused to be served the foregoing COMPLAINANTS’
MOTION FOR DEFAULT JUDGMENT AGAINST RIVER EAST LLC AND
CHICAGO DOCK AND CANAL TRUST by U.S. Mail on the 7
th
day of November,
2006, to:
Thomas Hogan
Covington & Burling
1201 Pennsylvania Ave. N.W.
Washington, D.C. 20004-2401
Michael Connelly
Connelly, Roberts & McGivney
Suite 1200
One North Franklin St.
Chicago, IL 60606
Donald J. Moran
Pedersen & Houpt
Suite 3100
161 North Clark Street
Chicago, IL 60601
Bradley P. Halloran
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph St.
Suite 11-500
Chicago, Illinois 60601
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St.,
Suite 11-500
Chicago, Illinois 60601
Garrett C. Carter
Connelly, Roberts & McGivney
One North Franklin,
Suite 1200
Chicago, IL 60606
Bob Fealy
Duchossois Industries, Inc.
845 Larch Avenue
Elmhurst, IL 60126
David Filkin
Duchossois Industries, Inc.
845 Larch Avenue
Elmhurst, IL 60126
Patrick G. Ryan, Jr.
First Look Dealer Network
815 W. Van Buren Street
Suite 500
Chicago, IL 60607
Dean Buntrock
c/o Don Langford
Oakbrook Terrace Tower
One Tower Lane, Suite 2242
Oakbrook Terrace, IL 60181-4636
John Melk
One Fisher Island Drive
Executive Offices, Third Floor
Fisher Island, FL 33109
Janet Melk
100 E. Huron, Apt. 4502
Chicago, IL 60611
Brian Flynn
Flynn Enterprises
676 N. Michigan Avenue,
Suite 4000
Chicago, IL 60611
Dan Miller
Jones, Day, Reavis & Pogue
77 W. Wacker Drive
Suite 3500
Chicago, IL 60601-1692
Kevin Flynn
Emerald Ventures, Inc.
120 N. LaSalle Street
Suite 3300
Chicago, IL 60602
Donald Flynn
Flynn Enterprises
676 N. Michigan Avenue,
Suite 4000
Chicago, IL 60611
Keith Skibicki
Flynn Enterprises
676 N. Michigan Avenue,
Suite 4000
Chicago, IL 60611
Jeffrey Shearer
Lost Dune Golf Club
9300 Red Arrow Highway,
P.O. Box 99
Bridgman, MI 49106-0099
Howard C. Warren
161 E. Chicago Avenue
Apt. 38B
Chicago, IL 60611
Peer Pedersen
Pedersen & Houpt
161 N. Clark Street
Suite 3100
Chicago, IL 60601-3224
Karen MacAdam
340 W. Barry Avenue
Coach house
Chicago, IL 60657
s/Garrett L. Boehm, Jr._______
Garrett L. Boehm, Jr.
JOHNSON & BELL, LTD.
33 West Monroe Street, Suite 2700
Chicago, IL 60603
4
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 8, 2006

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