BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
vs.
Respondents.
Complainant,
EDWARD PRUIM and ROBERT PRUIM,
PCB No. 04-207
(Enforcement - Land)
PEOPLE OF THE STATE OF ILLINOIS, )
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PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
vs.
C011MUNITY LANDFILL COMPANY,
INC.,
Respondent.
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PCB No. 97-193
(Enforcement - Land)
(consolidated)
NOTICE OF FILING
TQ:
Christopher Grant
Environmental Bureau
Assistant Attorney General
69 W. Washington, 18th Floor
Chicago, Illinois 60602
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
PLEASE TAKE NOTICE that on FEBRUARY 26, 2008, the undersigned caused to be
electronically filed with
Mr.
John Therriault, Assistant Clerk ofthe Illinois Pollution Control
Board, 100 West Randolph Street, Suite 11-500, Chicago, Illinois 60601, the
RESPONDENTS
COM:MUNITY LANDFILL COMPANY, INC., ROBERT PRUIM AND EDWARD
PRUIM'SMOTION
FOR LEAVE TO FILE A REPLY, a copy ofwhich is attached and
hereby served upon you.
Mark A. LaRose
Clarissa C. Grayson
LAROSE
&
BOSCO, LTD.
Attorney No. 37346
200 North LaSalle Street, Suite 2810
Chicago, Illinois 60610
(312) 642-4414
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
Electronic Filing - Received, Clerk's Office, February 26, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
vs.
)
)
EDWARD PRUIM and ROBERT PRUIM, )
)
Respondents.
)
)
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
vs.
)
)
COMMUNITY LANDFILL CO:MPANY,
)
INC.,
)
'\
J
Respondent.
)
PCB No. 04-207
(Enforcement - Land)
PCB No. 97-193
(Enforcement - Land)
(consolidated)
RESPONDENTS COMMUNITY LANDFILL COMPANY, INC., EDWARD PRUIM AND
ROBERT PRUIM'S MOTION
FOR LEAVE TO FILE A REPLY
Respondents COMMUNITY LANDFILL COJ\1PANY, INC., EDWARD PRUIM and
ROBERT PRUIM,
by and through their attorneys LaRose & Bosco, Ltd. and pursuant to 35 Ill.
Adm. Code 101.500(e), hereby move Hearing Officer Bradley Halloran for leave
to file a reply to
their Motion to Cancel Hearing and in support thereof, state as follows:
1.
Respondents filed a Motion to Cancel Hearing on February 21,2008. Complainant
filed a response
on February 25, 2008.
2.
Complainant'sresponse contains several incorrect statements and several points that
require clarification, so as
to prevent material prejudice to Respondents.
3.
Respondents' proposed reply is only 2.5 pages long and includes as an Exhibit a brief
1
Electronic Filing - Received, Clerk's Office, February 26, 2008
supplemental affidavit to clarify Complainant'sunderstanding ofwhat exact work related activities are
limited by having the use
ofonly one arm and hand. A copy ofthe proposed Reply and Affidavit are
attached as Exhibit
A.
WHEREFORE, Respondents Community Landfill Company, Inc., EdwardPruimandRobert
Pruim respectfully request that Hearing Officer BradleyHalloran grant their motion for leave
to file a
reply, pursuant
to 35 Ill. Adm. Code 101.500(e).
Respectfully submitted,
Mark A. LaRose
Clarissa C. Grayson
LAROSE
& BOSCO, LTD.
AttomeyNo.37346
200 North LaSalle Street, Suite 2810
Chicago Illinois 60610
(312) 642-4414
fax (312) 642-0434
2
Electronic Filing - Received, Clerk's Office, February 26, 2008
BEFORE THE aLINOIS POLLUTION CONTROL BOARD
vs.
vs.
Complainant,
Complainant,
PCB No. 97-193
(Enforcement - Land)
(consolidated)
PCB No. 04-207
(Enforcement - Land)
Respondents.
COM:MUNITY LANDFILL CO:MPANY,
INC.,.
PEOPLE OF THE STATE OF ILLINOIS,
EDWARD
PRUIM and ROBERT PRUIM,
PEOPLE OF
THE STATE OF ILLINOIS, )
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)
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~""'--------------
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Respondent.
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RESPONDENTS COMMUNITY LANDFaL COMPANY, INC., EDWARD PRUIM AND
ROBERT PRUIM'S REPLY TO MOTION TO CANCEL HEARING
Respondents COM:MUNITY LANDFILL CO:MPANY, INC., EDWARD PRUIM and
ROBERT PRUIM, by and through their attorneys LaRose & Bosco, Ltd. and pursuant
to 35 Ill.
Adm. Code 101.510 and 101.500(e), and
upon leave having been granted by Hearing Officer Bradley
Halloran
to do so, hereby file its Reply to Motion to Cancel Hearing and in support thereof, state as
follows:
1.
First, Complainant argues that it will suffer prejudice
if
this hearing is rescheduled
three months later. However,
the standard for granting a motion to cancel hearing when the motion
is filed no fewer than ten (10) days before the scheduled hearing date is whether the movant
demonstrates that the request
to cancel is not the result ofthe movant'slack ofdiligence. Only ifthe
1
Electronic Filing - Received, Clerk's Office, February 26, 2008
movant files a motion less than ten (10) days before a scheduled hearing date is the movant required
to demonstrate that it will suffer material prejudice ifthe hearing is not canceled.
The hearing in this matter is scheduled for April 7-10, 2008, more than a month from now.
Respondents have demonstrated that its motion
to cancel this hearing is not brought due to a lack of
diligence, but as the result ofan accident resulting in physical injury to an attorney whose involvement
in the case has been extensive. Movant is not required
to demonstrate prejudice.
2.
Second, Complainant claims that Respondents'Motion and accompatJ-yinJS affidavit do
not provide a "sufficient basis for cancellation". This is simply incorrect. The affidavit describes
sufficiently and in detail an inability
to use the left arm and hand for work activities resulting in a
limitation
to using the right hand only for work activities. In addition, Dr. Hartigan'sletter, attached
as an
exl-ribit to the affidavit, sets forth in further detail the nature ofthese lirrtltatiol1s. Use of Oile
hand, by its very nature, involves limitations in a wide variety of work related activities, including
typing, picking
up files, papers, books, and other objects, using the telephone, etc. All ofthese are
included in "being limited
to the use ofmy right hand for work activities." While it would seem that
these work activities would be obvious, a supplemental affidavit is attached setting forth the precise
nature
ofthese limitations. (See Supplemental Affidavit attached as Exh. 1.)
3.
Third, while Complainant seeks to minimize the importance ofRes.pondents' counsel
participating in
the hearing, at the same time it claims it cannot proceed without both ofits attorneys'
participation. Respondents' counsel was and is sympathetic
to Complainant's counsel Jennifer
Tomas'splanned wedding and honeymoon, as well as her co-counsel, Christopher Grant's, planned
vacation. Respondents' counsel (and her physician) has represented that she will
be available after
mid-July 2008 and will
work to schedule the hearing as soon as possible. Cancellation ofthe April 7-
2
Electronic Filing - Received, Clerk's Office, February 26, 2008
10, 2008 will not result in a significant delay in hearing ofthis matter. If Complainant is unable to
proceed without two (2) attorneys available, it would seem only fair that the same should be applied
to Respondents' counsel's availability.
4.
Finally, Complainant incorrectly states that the first and only other motion to cancel
hearing in these consolidated matters was filed one day after
the Notice of Hearing was issued
(Complainant Response, p.2). A Notice
ofHearing was never issued in these consolidated matters..
WHEREFORE, Respondents Community Landfill Company, Inc., Edward Pruim and Robert
Pruim respectfully request that Hearing Officer Bradley Halloran grant their Motion
to Cancel
Hearing, pursuant
to 35 Ill. Adm. Code 101.510 and set the matter for a short status so that a trial
date after mid July, 2008, can
be set as soon as possible.
R.espectfhlly sub1I'..itted,
r~c,c~
Attorney for CommunityLan£mpany, Inc.
Edward Pruim and Robert Pruim
Mark A. LaRose
Clarissa
C. Grayson
LAROSE & BOSCO, LTD.
Attorney No. 37346
200
North LaSalle Street, Suite 2810
Chicago Illinois 60610
(312) 642-4414
fax (312) 642-0434
3
Electronic Filing - Received, Clerk's Office, February 26, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
)
Complainant,
)
)
vs.
)
)
EDWARD PRUIM and ROBERT PRUIM, )
)
Respondents.
)
--------------
)
PEOPLE OF THE STATE OF ILLINOIS, )
)
Complainant,
)
)
vs.
)
)
CO~v11\1lJN1TY
LA.}IDFILL CO:r-v1PA.}N,
)
INC.,
)
)
Respondent.
)
PCB No. 04-207
(Enforcement - Land)
PCB No. 97-193
(Enforcement - Land)
(consolidated)
SUPPLEMENTAL AFFIDAVIT OF CLARISSA CUTLER GRAYSON
I, CLA.RISS..
A....
CUTLElt GHAYSOJ\J, being duly S"Vlorn on oath and affirmation, do hereby
depose and state as follows:
1.
This Supplemental Affidavit is presented to supplement the affidavit previously filed as
Exh. A to Respondents' Motion to Cancel Hearing.
2,
As stated therein, I am unable to use my left arm and hand for work activities. I am
therefore limited
to the use ofmy right arm and hand forwork activities. The work activities that are
limited
to using my right arm and hand include typing, picking up and handling files, papers, books
and other objects, reviewing documents, and using the telephone, as well as using any basic office
1
Electronic Filing - Received, Clerk's Office, February 26, 2008
equipment, including staplers, staple removers, etc. Being limited to the use ofmy right hand makes
these activities extremely cumbersome and burdensome,
ifnot simply impossible to petform on a daily
basis,
but more so particularly in preparing for and participating in a four-day hearing, involving
numerous. c.ounts and parties,. as well as. thousands of pages of documents.
3.
The information contained in this affidavit is based on my personal knowledge. If
called upon to do so, I would competently testify to same.
Further, Affiant sayeth naught.
SUBSCRIBED AND SWORN
TO
before me this
JI-?
day of
February, 2008
....iCtM ...
fMNCY I CItMNI
......,
Of ItIInoII
.., CommlUloft
Aug
7. 2011
2
Electronic Filing - Received, Clerk's Office, February 26, 2008
CERTIFICATE OF SERVICE
I, Clarissa C. Grayson, an attorney hereby certify that I caused to be served a copy of the
foregoing
RESPONDENT COMMUNITY LANDFILL COMPANY, INC., ROBERT
PRUIM AND EDWARD
PRUIM'S MOTION FOR LEAVE TO FILE A REPLY by
electronic filing, by facsimile and by placing same in first-class postage prepaid envelopes and
de~ositing
same in the U.S. Mail Box located at 200 North LaSalle Street, Chicago, Illinois, this
26
H day of FEBRUARY, 2008, addressed as follows:
Christopher Grant
Environmental Bureau
Assistant Attorney General
69
W. Washington, 18th Floor
Chicago,
TIlinois 60602
Facsimile: (312) 814-2347
Mark
A. LaRose
Clarissa
C.
Grayson
LAROSE
&
BOSCO, LTD
Attomey:No.37346
200 North LaSalle Street
Suite 2810
Chicago, Illinois 60610
(312) 642-4414
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago,
TIlinois 60601
Facsimile: (312) 814-3669
One
ofthe Attorneys for Respondents
TIDS FILING IS SUBMITTED ON RECYCLED PAPER.
Electronic Filing - Received, Clerk's Office, February 26, 2008
