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ILLINOIS POLLUTION CONTROL BOARD
September 22, 2008
FOX MORAINE, L.L.C.,
Petitioner,
v.
UNITED CITY OF YORKVILLE, CITY
COUNCIL,
Respondent.
KENDALL COUNTY,
Intervenor.
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PCB 07-146
(Pollution Control Facility
Siting Appeal)
HEARING OFFICER ORDER
A telephonic status conference was held on September 18, 2008. The parties
present represented that depositions are proceeding with additional depositions scheduled
in the near future. The parties are reminded that pursuant to Section 101.616 of the
Board’s procedural rules, “[u]nless a claim of privilege is asserted, it is not a ground for
objection that the testimony of a deponent or person interrogated will be inadmissible at
hearing, if the information sought is reasonably calculated to lead to relevant
information”.
The parties were informed that any pre-hearing motions, including motions
in
limine
, are now due to be filed on or before September 24, 2008. Any responses to the
motions must be filed on or before September 29, 2008. The parties respective witness
lists and exhibit lists are due to be filed on or before September 26, 2008. The parties
were informed that the mailbox rule will not apply to the above-mentioned filings, and all
electronic or approved telefax filings must be received by the Clerk’s office no later that
4:30 p.m. of the due date.
The parties or their legal representatives are directed to appear at a telephonic
status conference with the hearing officer on October 1, 2008, at 1:30 p.m. The
telephonic conference must be initiated by the petitioner, but each party is nonetheless
responsible for its own appearance. The petitioner represented that the conference call-in
number will be the same as on September 18, 2008. At the conference the parties must
be prepared to discuss the status of the above-captioned matter and their readiness for
hearing.
IT IS SO ORDERED.
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Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
312.814.8917
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CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order was mailed, first class,
on September 22, 2008 to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to
the following on September 22, 2008:
John T. Therriault
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
312.814.8917
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y Attorney
Road
PCB 2007-146
Derke J. Price
Ancel, Glink, Diamond, Bush & Krafthefer, P.C.
140 South Dearborn Street
Sixth Floor
Chicago, IL 60603
PCB 2007-14
Charles F. Helste
Hinshaw & Culbertso
100 Park Avenu
P.O. Box 138
Rockford, IL 61105-138
PCB 2007-146
Jeffery D. Jeep, Esq.
Jeep & Blazer, L.L.C.
24 Niorth Hillside Avenue
Suite A
Hillside, IL 60162
PCB 2007-14
Leo P. Dombrowsk
Wildman, Harrold, Allen & Dixo
225 West Wacker Driv
Suite 300
Chicago, IL 60606-122
PCB 2007-146
Anthony G. Hopp
Wildman, Harrold, Allen & Dixon
225 West Wacker Drive
Suite 3000
Chicago, IL 60606-1229
PCB 2007-14
Thomas I. Matya
Wildman, Harrold, Allen & Dixo
225 West Wacker Driv
Suite 300
Chicago, IL 60606-122
PCB 2007-146
James B. Harvey
Buck, Hutchison & Ruttle
2455 Glenwood Avenue
Joliet, IL 60435
PCB 2007-14
George Muelle
Mueller Anderson, P.C
609 Etna Roa
Ottawa, IL 6135
PCB 2007-146
Ms Valierie Burd, Mayor
City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
PCB 2007-14
Michael Roth, Interim Cit
City of Yorkville
800 Game Farm
Yorkville, IL 60560
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PCB 2007-146
Eric C. Weis
Kendall County State's Attorney
Kendall County Courthouse
807 John Street
Yorkville, IL 60560
PCB 2007-14
James Knippe
Walsh Knippen Kinght & Pollic
2150 Manchester Roa
Suite 20
Wheaton, IL 60187-247
