R
CLE
ER EoVEI
100.
ILLINOIS ENVIRONMENTAL
PoII
on
OF
PROTECTION AGENCY,
Control Boa,
)
No. AC-06-49
oard
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 CONTINUE
Come now Respondents, Michael Gruen and Jon Eric Gruen, d/b/a Jon's Tree Service, by
and through their attorneys, Farrell, Hamilton & Julian,
P.C., pursuant to 35 III . Ad. Code
101 .510, and for their Motion to Continue, state as follows
:
1 .
The Hearing Officer has scheduled the hearing in this matter for February 7, 2007
at 9:00 A. M.
2 .
Counsel for the Respondents was scheduled to start a jury trial in
Jenkins
Displays Co. v . Plaza Properties, LLC,
Circuit Court, Twentieth Judicial Circuit, St. Clair
County, IL, Case No . 05-CH-23 on January 23, 2007
. However, due to issues relating to the
availability of jurors for that week, the court suggested that the trial date be reset
.
3 .
The court has reset the trial for the week of February 5, 2007, and it is expected
that the trial will go for the whole week (with the exception of Tuesday, February 6, 2007, when
the presiding judge will be out of town)
.
4 .
Due to the complexity of the issues pending in the jury trial, the number of
parties, and the number of witnesses, it is not practical for counsel for the Respondent to request
a continuance of the jury case .
ILLINOIS POLLUTION CONTROL BOARD
5 .
Respondents request that the Hearing Officer either move up the hearing date for
the Gruen hearing to sometime the week of January 29, 2007
. Alternatively, Respondents
request that the Hearing Officer reschedule the hearing later in February, or possibly in March
depending on the schedules of the hearing officer and opposing counsel .
6.
The affidavit of counsel for the movant is attached .
WHEREFORE, Respondents, Michael Gruen and Jon Eric Gruen, d/b/a Jon's Tree
Service, request that the Hearing Officer
cancel the hearing date scheduled for February 7, 2007
at 9:00 A.M.,
and either move up the hearing date to the week of January 29, 2007, or reschedule
the hearing for a date later in February, or March, depending on the schedules of the Hearing
Officer and opposing counsel
. Respondents request such other and further relief as the Hearing
Officer determines is equitable and just
.
Respectfully submitted :
MICHAE
AND ON ERIC GRUEN,
D/B/A
E SERVI E
BY
-Phillip H. Hamilton, #6201288
Ebony R. Huddleston, #6288261
Farrell, Hamilton & Julian, P
.C.
1305 D'Adrian Professional Park
Godfrey, IL 62035
Phone: 618-466-9080
Fax: 618-466-9105
Email: lawfirm@Ihhipc .com
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.
)
AFFIDAVIT
Comes now affiant, Phillip H . Hamilton, having been first duly sworn, deposes and states as
follows :
Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil
Procedure, the undersigned certifies that the statements set forth in the Motion to Continue are true
and correct, except as to matters therein stated to be on information and belief and as to such matters
the undersigned certifies as aforesaid that he verily bel'
e same to be Urue .
J
illip H. Hamilton
Subscribed and sworn to before me, a Notary Public, this 17 th day of January, 2007 .
Notary
rIM4Q
Public0
SW
oiw
,
V „
„
"OFFICIAL SEAL" ';
f
TAMARA S. NEESE ;
i
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES JUNE 15,2010
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 17` h day of January, 2007, send by regular mail 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 Continue to :
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 N . Grand Ave . East
PO Box 19276
Springfield, IL 62794-9276
And, I further certify, that in accordance with Section 101
.302, 35 Ill. Adm . Code
101 .302, but no discovery materials were filed with the Clerk of the Board
.
Respectfully submitted :
MICHAEL G r a N and J ERIC GRUEN,
D/B/A J S
S '" E SERVI E
BY :
illip H
. Hamilton, #6201288
Ebony R. Huddleston, #6288261
Farrell, Hamilton & Julian, P.C.
1305 D'Adrian Professional Park
Godfrey, IL 62035
Phone: 618-466-9080
Fax: 618-466-9105
Email : lawfirm@fhhjpc .com
