State of Illinois
Pollution Control Board
James R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
In the Matter of:
)
CASEYVILLE SPORT CHOICE, LLC,
)
An Illinois Limited Liability Company,
)
)
Complainant,
)
)
vs.
)
PCB 2008-030
)
ERMA I. SEIBER, ADMINISTRATRIX
)
OF THE ESTATE OF JAMES A. SEIBER, )
DECEASED, AND ERMA I. SEIBER,
)
IN HER INDIVIDUAL CAPACITY, and
)
FAIRMOUNT PARK, INC. (formerly
)
known as OGDEN FAIRMOUNT, INC.,
)
A Delaware Corporation,
)
)
Respondents.
)
COMPLAINANT’S WITHDRAWAL
OF ERRONEOUSLY FILED UNSIGNED
FIRST AMENDED COMPLAINT
AND OF ACCOMPANYING
MOTION TO ADD PARTY DEFENDANT
AND FOR LEAVE TO AMEND COMPLAINT
,
TO PERMIT FILING AND SERVICE OF CORRECT DOCUMENTS
Comes now the complainant, Caseyville Sport Choice, LLC, by its attorneys, Belsheim &
Bruckert, L.L.C., and hereby withdraws the unsigned
First Amended Complaint
which it
erroneously filed electronically on August 22, 2008, and the accompanying
Motion to Add Party
Defendant and for Leave to Amend Complaint
which it also filed electronically on August 22,
2008, so that it can file electronically with the Board – and serve on the party to be added as a
defendant, Fairmount Park, Inc., a Delaware corporation – the properly signed
First Amended
- 1 -
Electronic Filing - Received, Clerk's Office, August 26, 2008
Complaint
and an accompanying
Motion to Add Party Defendant and for Leave to Amend
Complaint
. In support of this withdrawal of documents, the complainant states the following:
1.
The complainant filed a properly signed
First Amended Complaint
and
accompanying
Motion to Add Party Defendant and for Leave to Amend Complaint
initially on
July 9, 2008, which it did not then serve on the party defendant to be added, Fairmount Park,
Inc., a Delaware corporation.
2.
The complainant did not then serve the
First Amended Complaint
and
Motion to
Add Party Defendant and for Leave to Amend Complaint
because it thought that it must wait for
the Board to grant the motion before serving those documents on the party defendant to be
added, Fairmount Park, Inc., a Delaware corporation.
3.
When the Board did not act on the
Motion to Add Party Defendant and for Leave
to Amend Complaint
, the complainant’s attorney inquired of the Hearing Officer the reason for
the Board’s inaction.
4.
The Hearing Officer informed the complainant’s attorney during the week of
August 18, 2008, that the Board would not act on the complainant’s
Motion to Add Party
Defendant and for Leave to Amend Complaint
until the complainant amended the certificate of
service on the
First Amended Complaint
to indicate that the complainant had served it on the
party defendant to be added, Fairmount Park, Inc., a Delaware corporation.
5.
The complainant refiled the
Motion to Add Party Defendant and for Leave to
Amend Complaint
and the
First Amended Complaint
electronically on August 22, 2008,
intending merely to update the certificate of service on each document to indicate service on the
party defendant to be added, Fairmount Park, Inc., a Delaware corporation.
- 2 -
Electronic Filing - Received, Clerk's Office, August 26, 2008
6.
When the complainant’s attorney received the emails from the Board on Monday,
August 25, 2008, confirming the refiling of the
Motion to Add Party Defendant and for Leave to
Amend Complaint
and the
First Amended Complaint
, he clicked on the hyperlinks contained in
the emails to view the documents online at the Board’s web site.
7.
The complainant’s attorney discovered that he had added the updated certificate
of service to an unsigned pdf copy of the
First Amended Complaint
, and that he had erroneously
filed electronically the unsigned pdf copy of the
First Amended Complaint.
8.
To correct that error, the complainant hereby withdraws the unsigned pdf copy of
the
First Amended Complaint
and the accompanying
Motion to Add Party Defendant and for
Leave to Amend Complaint
which it filed electronically on August 22, 2008.
9.
The complainant refiles (contemporaneously with this document) the signed
First
Amended Complaint
and the accompanying
Motion to Add Party Defendant and for Leave to
Amend Complaint
, both bearing an updated certificate of service.
10.
The complainant also serves again (as indicated in the updated certificates of
service) the signed
First Amended Complaint
and accompanying
Motion to Add Party Defendant
and for Leave to Amend Complaint
on the party defendant to be added, Fairmount Park, Inc., a
Delaware corporation.
CASEYVILLE SPORT CHOICE, LLC,
An Illinois Limited Liability Company,
By /s/ John P. Long
John P. Long #1687832
Belsheim & Bruckert, L.L.C.
1002 E. Wesley Drive, Suite 100
O’Fallon, Illinois 62269
618-624-4221/618-624-1812 Fax
Attorney for Complainant
- 3 -
Electronic Filing - Received, Clerk's Office, August 26, 2008
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served a copy of the foregoing document by
depositing the copy of the document in the United States mail at the post office in O’Fallon,
Illinois, on August 26, 2008, enclosed in an envelope, with first-class postage thereon fully
prepaid, plainly addressed to:
Donald Urban
Sprague and Urban
Attorneys at Law
26 E. Washington Street
Belleville, IL 62220
and
Illinois Corporation Service Co.
801 Adlai Stevenson Drive
Springfield, IL 62703
/s/ John P. Long_
John P. Long #1687832
Belsheim & Bruckert, L.L.C.
1002 E. Wesley Drive, Suite 100
O’Fallon, Illinois 62269
618-624-4221/618-624-1812 Fax
Attorney for Complainant
- 4 -
Electronic Filing - Received, Clerk's Office, August 26, 2008