1. HEARING OFFICER ORDER
2
ILLINOIS POLLUTION CONTROL BOARD
November 15, 2006
MORTON F. DOROTHY,
Complainant,
v.
FLEX-N-GATE CORPORATION, an Illinois
corporation,
Respondent.
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PCB 05-49
(Citizens Enforcement – Air, Land)
HEARING OFFICER ORDER
On October 19, 2006, respondent filed a response to complainant’s request for production
of medical surveillance records. Respondent objects on the grounds that complainant’s request
seeks information that is irrelevant and inadmissible at hearing. On October 24, 2006,
complainant filed a motion to strike respondent’s response. Complainant argues that the request
for medical surveillance records was not filed with the Board or hearing officer, was not
captioned for this case, and is not relevant to this case. Respondent did not file a response to the
motion to strike.
Since the parties agree that the medical surveillance records are not relevant to the case
before the Board, the Board has no jurisdiction rule on these filings. If these records become
relevant to this proceeding, respondent may renew its objections.
The parties are reminded to participate in a telephone status conference with the hearing
officer at 1:30 p.m. on December 11, 2006. The status conference shall be initiated by the
complainant.
IT IS SO ORDERED.
_____________________
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
webbc@ipcb.state.il.us
2
CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first class, on
November 15, 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 November 15, 2006:
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
webbc@ipcb.state.il.us
PCB 2005-049
Thomas G. Safley
Hodge Dwyer Zeman
3150 Roland Avenue
Post Office Box 5776
Springfield, IL 62705-5776
PCB 2005-049
Morton F. Dorothy
104 W. University
SW Suite
Urbana, IL 61801
PCB 2005-049
Flex-N-Gate (Guardian West)
601 Guardian Drive
Urbana, IL 61802

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