RECEIVED
CLERK'S OFFICE
MAR 1 0 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF
ILLINOIS
Pollution Control
Board
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
?
PCB 99-134
PEABODY COAL COMPANY, LLC,
Respondent.
JOINT REPORT CONCERNING PENDING MOTIONS
NOW COMES Respondent, PEABODY COAL COMPANY, LLC (hereinafter "PCC"),
through its undersigned attorneys, and pursuant to the Hearing Officer's direction, hereby
submits the following status report concerning pending motions.
I. On September 11, 2003, the parties filed a joint motion to stay further proceedings
and discovery in this case, pending settlement negotiations being engaged in by the parties.
2.
The settlement negotiations have been a partial success, but the parties informed the
Hearing Officer, during a February 21, 2008 conference call, that further discussions have
become unfruitful, and the parties desire to reopen and finalize the litigation.
3.
As a consequence, the Hearing Officer directed the parties to identify any pending
motions, and to discuss the status of such motions.
4.
Accordingly, the parties provide the following information:
A.
Motion for Protective Order:
(i) On June 4, 5, and 6, 2003, Complainant ("State") filed a motion for protective order
and a supplement thereto.
(ii)
On June 17, 2003, PCC filed a brief in opposition to the motion for protective order.
(iii)
On June 24, 2003, the State filed a motion for leave to reply to PCC's brief in
opposition to the motion for protective order.
(iv)
On July 17, 2003, PCC filed a brief in opposition to the State's
motion for leave to file a reply. (Filed per Hearing Officer Order of July 11, 2003).
B. Motion to Serve Interrogatories:
(i)
On June 17, 2003, PCC withdrew the pending interrogatories that were the subject
of Complainant's Motion for Protective Order.
(ii)
On July 17, 2003, PCC filed a motion for leave to serve interrogatories, consisting
of revisions of the interrogatories previously withdrawn.
5.
Based upon the above, it is the parties' belief that the State's motion for leave
to file a reply with respect to the motion for protective order has been fully briefed, and is
awaiting the Hearing Officer's ruling.
6.
In addition, no response has been submitted with respect to PCC's motion for leave to
file interrogatories. At this time, a briefing schedule with respect to that motion would be
appropriate.
7.
Finally, ruling on State's motion for protective order is dependent upon the Hearing
Officer's ruling with respect to the State's motion for leave to file a reply. Depending upon the
Hearing Officer's ruling, PCC may seek leave to file a surreply.
8.
The parties also note that the pending PCC motion for leave to serve
interrogatories is directly connected in subject matter with the pending motion for protective
order, and the parties request that the Hearing Officer consider the motions in tandem.
9.
Although this status report is being submitted by counsel for PCC, counsel for the
PEABODY COAL COMPANY, LLC
By its attorneys
Stephe .1
Hes ger
HEDINGER AW OFFICE
2601 South Fifth Street
Springfield, IL 62703
(217) 523-2753 (phone)
(217) 523-4366 (fax)
hedinger@hedingerlaw.com
State has reviewed and approved it for filing.
WHEREFORE, the parties hereto submit the above status concerning pending motions for
the Hearing Officer's consideration.
Respectfully submitted,
W. C. Blanton
HUSCH BLACKWELL SANDERS LLP
4801 Main Street
Suite 1000
Kansas City, MO 64112
(816) 983-8000 (phone)
(816) 983-8080 (fax)
wc.blanton@huschblackwell.com
Stephen?
edinger
BEFORE THE ILLINOIS POLLUTION CONTROL BOARtIFEFRPTED
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
PEABODY COAL COMPANY, LLC,
Respondent.
PCB 99-134
MAR 1 0 2008
rlollution
STATE
OF
Control
ILLINOIS
Board
NOTICE OF FILING AND PROOF OF SERVICE
To: Tom Davis
Environmental Bureau
Attorney General's Office
500 S. Second St.
Springfield, IL 62706
Bradley Halloran, Hearing Officer
Illinois Pollution Control Board
100 W. Randolph St.
James R. Thompson Center
Suite 11-500
Chicago, IL 60601-3218
W.C. Blanton
Husch Blackwell Sanders LLP
4801 Main Street
Suite 1000
Kansas City, MO 64112
PLEASE TAKE NOTICE that on the 6th day of March, 2008, we sent to the Clerk of the
Pollution Control Board the original and 9 copies of the Joint Report Concerning Pending
Motions for filing in the above entitled cause.
The undersigned certifies that a true and correct copy of the above-described document
was served upon the above-identified individuals via U.S. mail by enclosing the same in
envelopes properly addressed, with postage fully prepaid, and by depositing said envelopes in a
U.S. Post Office mail box, on the 6th day of March, 2008.
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
(217) 523-2753 phone
(217) 523-4366 fax
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RC:t
ERK'S
OFFICE
Mi
•
C
R
1E0 12:
131
aQ;41 OuoFnitirotifiroalSrd
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
PEABODY
COAL COMPANY, LLC,
Respondent.
PCB 99-134
NOTICE OF LAW FIRM NAME AND EMAIL ADDRESS CHANGES
Respondent, Peabody Coal Company, LLC, hereby notifies the Board, the Hearing
Officer, and counsel for Complainant that, effective March 1, 2008, the name the law firm of
W.C. Blanton, one of Respondent's attorneys, has changed to Husch Blackwell Sanders LLP and
his email address was changed to wc.blanton@huschblackwell.com. All other contact
information for Mr. Blanton remains unchanged. Accordingly, his complete contact information
is as set forth in the signature block below.
Date: March 6, 2008
Respectfully submitted,
PEABODY COAL COMPANY, LLC
By its attorneys
Step
?
F. H finger
HEDINGER AW OFFICE
2601 South Fifth Street
Springfield, IL 62703
(217) 523-2753 (phone)
(217) 523-4366 (fax)
hedinger@hedingerlaw.com
W. C. Blanton
HUSCH BLACKWELL SANDERS LLP
4801 Main Street
Suite 1000
Kansas City, MO 64112
(816) 983-8000 (phone)
(816) 983-8080 (fax)
wc.blanton@huschblackwell.com
Stephe . Hedinger
BEFORE THE ILLINOIS POLLUTION CONTROL BOUD
)
tiECE
CLERICS OFFICE,O
F
FIC
E
Complainant, )
MAR 1 0 2008
)
PCB 99-134
_STATE OF ILLINOIS
)?
Pollution
Control Board
)
NOTICE OF FILING AND PROOF OF SERVICE
To: Tom Davis
Environmental Bureau
Attorney General's Office
500 S. Second St.
Springfield, IL 62706
Bradley Halloran, Hearing Officer
Illinois Pollution Control Board
100 W. Randolph St.
James R. Thompson Center
Suite 11-500
Chicago,
IL
60601-3218
W.C. Blanton
Husch Blackwell Sanders LLP
4801 Main Street
Suite 1000
Kansas City, MO 64112
PLEASE TAKE NOTICE that on the 6th day of March, 2008, we sent to the Clerk of the
Pollution Control Board the original and 9 copies of the Notice of Law Firm Name and Email
Address Change for filing in the above entitled cause.
The undersigned certifies that a true and correct copy of the above-described document
was served upon the above-identified individuals via U.S. mail by enclosing the same in
envelopes properly addressed, with postage fully prepaid, and by depositing said envelopes in a
U.S. Post Office mail box, on the 6th day of March, 2008.
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
(217) 523-2753 phone
(217) 523-4366 fax
THIS FILING IS SUBMITTED ON RECYCLED PAPER
PEOPLE OF THE STATE OF ILLINOIS,
v.
PEABODY COAL COMPANY, LLC,
Respondent.