BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS )
by LISA MADIGAN, Attorney General )
of the State of Illinois,
)
Complainant, )
v. )
MICK MORFEY, individually, and
WILLIAM KNAUER, individually,
Respondents.
PCB No. 07-144
(Enforcement – Air)
NOTICE OF ELECTRONIC FILING
TO: SEE ATTACHED SERVICE LIST
Please take notice that on the 1st day of April, 2008,
I
have filed with the Office of the
Clerk of the Illinois Pollution Control Board by electronic filing the following Complainant's
Motion to Compel Compliance with Discovery Requests a true and correct copy of which is
attached and hereby served upon you.
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois
By:
STEPHEN
J. SYLVESTEW
Assistant Attorney General
Environmental Bureau
69 W. Washington St., Suite 1800
Chicago, IL 60602
(312) 814-2087
Date: April 1, 2008
Electronic Filing - Received, Clerk's Office, April 1, 2008
SERVICE LIST
James Macchitelli, Esq.
Counsel for Respondent Mick Morfey
7247 W. Touhy Ave.
Chicago, IL 60631
Bradley Halloran
Chief Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street, 11th Floor
Chicago, IL 60601
Dennis Brown
Assistant Counsel
Illinois EPA, Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Electronic Filing - Received, Clerk's Office, April 1, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
)
by LISA MADIGAN Attorney General
)
of the State of Illinois
)
Complainant,
v.
MICK MORFEY, individually and
WILLIAM KNAUER, individually
Respondents.
PCB No. 07-144
(Enforcement- Air)
MOTION TO COMPEL COMPLIANCE WITH DISCOVERY REQUESTS
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois ("People"), pursuant to Supreme Court
Rules 201(k) and 219(c) and Section 101.800 of the Illinois Pollution Control Board ("Board")
Procedural Regulations, 35 Ill. Adm. Code 101.800, and moves for an Order compelling
Respondent Mick Morfey to furnish responses to interrogatories and a request for production of
documents served upon him by the People. In support of this Motion, the People state as
follows:
1.
On September 6, 2007, the Hearing Officer entered an Order requiring the People
and Morfey to submit a proposed disco-very schedule by September14,
2007.
2.
On September 17, 2007, the Hearing Officer entered an Order stating that on
September 14, 2007, the People and Morfey submitted a proposed discovery schedule, which
was accepted as follows: written discovery served by October 21, 2007, responses to written
discovery served by November 20, 2007, depositions completed by February 11, 2008, expert
witness disclosures from complainant by March 12, 2008, and from respondent by April 11,
2008, and all diapositive motions filed by May 12, 2008.
Electronic Filing - Received, Clerk's Office, April 1, 2008
3.
On October 17, 2007, Morfey served the People with his written discovery
requests pursuant to the September 17, 2007 Hearing Officer Order.
4.
On October 22, 2007, the People served Morfey with their written discovery
requests pursuant to the September 17, 2007 Hearing Officer Order.
5.
On November 15, 2007, the People filed a Motion for Extension of Time to
Respond to Morfey's Discovery Requests.
6.
On November 19, 2007, Morfey filed a Motion for Extension of Time to Respond
to the People's Discovery Requests.
7.
On November 28, 2007, the Hearing Officer entered an Order granting both the
People's and Morfey's motions.
8.
On February 7, 2008, the Hearing Officer entered an Order setting forth an agreed
discovery schedule as follows:
complainant and respondent Mick Morfey whose attorney directed to file
appearance, schedule accepted as follows: written discovery responses due March
7, 2008, all party depositions and fact witness depositions completed by June 11,
2008, expert witness disclosures, including reports from retained experts, due July
11, 2008 from complainant and by August 11, 2008, by respondent, all dispositive
motions filed by September 12, 2008;
9.
Morfey failed to respond to and to comply with the interrogatories and request for
production by Maiell '7, 2008.
10.
On March 24, 2008, counsel for the People sent counsel for Morfey a letter
pursuant to Supreme Court Rule 201(k) requesting compliance with the People's discovery
requests. The People's 201(k) Letter is attached as Exhibit 1.
11.
As of the date of filing of this Motion, Morfey has failed to comply with the
People's discovery requests, and have likewise failed to contact the People by letter or by
telephone to discuss the same.
Electronic Filing - Received, Clerk's Office, April 1, 2008
12.
?
Despite the People's reasonable attempts to resolve the differences described
above, the parties have been unable to reach an accord.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, requests that the Hearing Officer or the
Board enter an Order compelling Respondent MICK MORFEY, to immediately, fully and
completely comply with the People's interrogatories and production request served on
Respondent MICK MORFEY on October
22, 2007.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
by LISA MADIGAN
Attorney General of the State of Illinois
BY: --'
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.?
C?
/NO-
STEP N J. SYLVESTEIY
Assistant Attorney General
Environmental Bureau
69 W. Washington St.,
18th
Floor
Chicago, Illinois 60602
Tel:
312-814-2087
Electronic Filing - Received, Clerk's Office, April 1, 2008
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
Lisa Madigan
AflORNEY GENERAL
March 24, 2008
VIA US MAIL & EMAIL: iimmymacc@aol.com
Mr. James Macchitelli, Esq.
7247 W. Touhy Ave.
Chicago, IL 60631
RE: People of the State of Illinois
v.
Morfey and Knauer, PCB 07-144
Dear Mr. Macchitelli,
On October 22, 2007, the State served upon you its First Set of Interrogatories and First
Request for Production of Documents to Respondent Mick Morfey in the above-referenced case.
Pursuant to the February 7, 2008 Hearing Officer Order, Respondent, Mick Morfey's responses
to the States discovery requests were due on March 7, 2008. Last week, I left a voicemail
message on your cell phone (847) 414-4532, inquiring as to the status of Mr. Morfey's
responses. To date, I have not received a response to my telephone call nor have I received Mr.
Morfey's responses to the State's Discovery Requests.
Accordingly, I am requesting, pursuant to Illinois Supreme Court Rule 201(k), that you
immediately furnish to this Office the Respondent Mick Morfey's complete responses to the
States discovery requests. Thank you for your anticipated compliance.
Sincerely,
Stephen
I
Sylvester
Assistant Attorney General
Environmental Bureau
69 W. Washington St., Suite 1800
Chicago, Illinois 60602
(312) 814-2087
ssylvester atg.state.il.us
cc:
Dennis Brown, Illinois EPA
EXHIBIT
500 South Second Street, Springfield, Illinois 62706 •
(2171782-1090
• TTY: (2171 785.2771
• Fax:1217)
782-7046
100 West Randolph Street, Chicago, Illinois
601,01 •
(312)
6663000 •
TIN: 1312/ 814-3174 • Fax: (312) 814-3806
1001
East Main, Carbondale, Illinois
67401 • loll) 57,9-t400 • 'fl y
: (fIGG 5:19.6403 • Fix: (•18) ;29-t.)416
Electronic Filing - Received, Clerk's Office, April 1, 2008
CERTIFICATE OF SERVICE
I, STEPHEN J. SYLVESTER, an Assistant Attorney General in this case, do certify that I
caused to be served this 1st day of April, 2008, the foregoing Notice of Filing and Complainant's
Motion to Compel Compliance with Discovery Requests upon the persons listed on said Notice
by depositing same in an envelope, by first class postage prepaid, with the United States Postal
Service at 100 West Randolph Street, Chicago, Illinois, at or before the hour of 5:00 p.m.
STEPHEN J. SYLVESTER
Electronic Filing - Received, Clerk's Office, April 1, 2008