ILLINOIS POLLUTION CONTROL BOARD
    February 15, 2007
    GRAND PIER CENTER LLC, and
    AMERICAN INTERNATIONAL
    SPECIALTY LINES INSURANCE CO., as
    subrogee of Grand Pier Center LLC,
    Complainants,
    v.
    RIVER EAST LLC, CHICAGO DOCK AND
    CANAL TRUST, CHICAGO DOCK AND
    CANAL COMPANY, and TRONOX LLC,
    Respondents.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 05-157
    (Citizens Enforcement - Land)
    ______________________________________
    TRONOX LLC,
    Counter-Complainants,
    v.
    GRAND PIER CENTER LLC, and
    AMERICAN INTERNATIONAL
    SPECIALTY LINES INSURANCE CO., as
    subrogee of Grand Pier Center LLC,
    Counter-Respondents.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 05-157
    (Citizens Enforcement - Land)
    ORDER OF THE BOARD (by G.T. Girard):
    On November 8, 2006, Grand Pier Center LLC and American International Specialty
    Lines Insurance Company (Grand Pier) filed a motion seeking entry of a default judgment
    against respondents River East LLC (River East) and Chicago Dock and Canal Trust (Chicago
    Trust).
    1
    The Board did not receive a response from either River East or Chicago Trust. On
    December 21, 2006, the Board stated:
    1
    The Board notes that in the complaint Chicago Dock and Canal Company is also a named party
    and the compliant indicates that Chicago Trust is a successor of and successor interest to
    Chicago Dock and Canal Company. However, the motion for default names only the two
    parties, River East and Chicago Trust. Therefore, the Board makes no finding concerning
    Chicago Dock and Canal Company in this order.
    2
    The Board agrees with Grand Pier that the Board may enter a default judgment
    under the Board’s rules. However, in a September 20, 2006 hearing officer order,
    the hearing officer ordered service of all the pleadings in this case on 15
    individual respondents who are River East and Chicago Trust. Since that order,
    the respondents have missed only one status call. Given the potential liability for
    respondents in this case, the Board is reluctant to enter a default judgment against
    River East and Chicago Trust at this time. Rather, the Board will give
    respondents, River East and Chicago Trust an additional opportunity to respond to
    the complaint. The Board will give respondents River East and Chicago Trust
    until January 22, 2007, to either contact the hearing officer or enter an appearance
    in this proceeding. If respondents River East and Chicago Trust fail to respond to
    today’s Board order, the Board will have no choice but to rule in favor of Grand
    Pier on the motion for an entry of default judgment.
    As of today’s date, the Board nor the hearing officer have been contacted by River East
    and Chicago Trust. Further, River East and Chicago Trust missed another status call on
    January 11, 2007, with the hearing officer, and subsequently in a January 11, 2007 hearing
    officer order were reminded of the January 22, 2007 deadline. River East and Chicago Trust
    have repeatedly ignored both orders by the Board and the hearing officer to participate in this
    proceeding. Their refusal to be a part of the proceedings leaves the Board with no choice but to
    grant the motion for a default order. Therefore, the Board finds that River East LLC and
    Chicago Dock and Canal Trust are in default and the Board finds for the petitioners Grand Pier
    Center LLC and American International Specialty Lines Insurance Company on all counts.
    The Board notes that this default order affects only the respondents, River East and
    Chicago Trust, and not respondent/cross-complainant, Tronox LLC. Thus, there are allegations
    from both the complaint and cross-complaint which have yet to be resolved. Therefore, the
    Board reserves ruling on any penalties or cost recovery to be levied against River East and
    Chicago Trust until the remaining allegations of the complaint and cross-complaint have been
    resolved and the Board enters a final order.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 15, 2007, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top