BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
LERK'S
OFFICE
Complainant,
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Respondents.?
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PEOPLE OF THE STATE OF ILLINOIS
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MOTION FOR EXTENSION OF TIME TO ANSWER DISCOVERY REOUEST.
NOW COMES, the Respondent, MICK MORFEY, by and through his attorney
JAMES MACCHTTELLI pursuant to the Illinois Pollution Control Board ("Board)
Procedural Regulations to request an extension of time to answer discovery requests of
the Complainant states as follows:
That on September 6, 2007 an order was entered by the Hearing officer
Bradley Halloran for a discovery schedule to be established in this matter.
2.
That on September 17. 2007 an order was entered by the hearing officer in
pan that written discovery be propounded on or before October 21, 2007
and answers to discovery be completed on November 20. 2007 by both
sides.
3.
That the respondent was timely in propounding discovery and the
respondent in like kind received discovery requests from opposing
counsel.
4.
That this attorney had a telephone conversation with Stephen Sylverster
relative to an extension of time to answer discovery requests
approximately 5 days prior.
5.
That both this attorney and Stephen Sylvester agreed to an extension of
time to answer discovery requests for valid reasons which each discussed.
subject to approval by the hewing officer.
MICK MORFEY, individually, and
WILLIAM KNAUER, individually.
6.
That both this attorney and Stephen Sylvester for said valid reasons agreed
that it was necessary, and the attorney for the complainant informed this
attorney that he was filing for additional time to answer respondents
pleadings (sec Exhibit A).
7.
That due to this attorneys scheduling conflicts and the need of
documentation from the respondent which is critical to the respondent
MICK MORFEY'S stand in this case respectfully constitutes "good
cause" for an
extension of time.
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That this attorney joins in the motion with the Complainant's attorney for
an extension of time to answer said discovery.
WHEREFORE,
Respondent, MICK MORFEY, by and through his attorney,
respectfully requests that the Hearing Officer and/or the Board Grant an extension of time
to answer discovery requests.
Respectfully Submitted,
By:
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1.
Ja es Macchitell
Attorney for Respondent
7247 W. Touhy Ave.
Chicago, IL 60631
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PROOF OF SERVICE
1, James Macchitelli, do certify that
a
true and correct copy of the Respondents
Motion for Extension of time to Answer Discovery Requests were sent by U.S. Mail to
the persons listed below on November 20, 2007.
Bradley Halloran
Chief Hearing Officer
Illinois Pollution Control Board
100 W. Randolph St., 11'" Floor.
Chicago. IL 60601
Stephen Sylvester
Assistant Attorney General
Environmental Bureau
69 W. Washington, 18
th
Floor
Chicago, IL 60602
By:
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J cs MacchitePi
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