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ILLINOIS POLLUTION CONTROL BOARD
September 25, 2008
KYLE NASH,
Complainant,
v.
LOUIS JIMENEZ,
Respondent.
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PCB 07-97
(Citizens Enforcement – Noise)
HEARING OFFICER ORDER
On September 25, 2008, all parties participated in a telephonic status conference
with the hearing officer. Discussions centered on respondent’s motion to dismiss, filed
with the Board on August 5, 2008. The notice of filing and proof of service notes that the
motion was served on the complainant, at the proper address, by depositing the motion in
the U.S. mail, on August 5, 2008. The complainant represented that she has not received
the motion. The respondent was directed to re-serve the complainant with the motion on
or before September 27, 2008.
Further discussion centered on respondent’s suggestion that the parties enter a
stipulation and proposed settlement agreement pursuant to Section 103.301 of the
Board’s procedural rules. The respondent also alluded to Section 103.302 of the Board’s
procedural rules regarding future compliance, or a cease and desist type of agreement
incorporated in the stipulation. The complainant represented that she was opposed to the
stipulation and wanted the above-captioned matter to move forward on its present course.
The parties or their legal representatives are directed to appear at a telephonic
status conference with the hearing officer on November 6, 2008, at 11:00 a.m. The
telephonic conference must be initiated by the complainant, but each party is nonetheless
responsible for its own appearance. 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 were mailed, first
class, on September 25, 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 25, 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
-6202
PCB 2007-097
t, #3104
PCB 2007-097
Kyle Nash
1630 W. 33rd Place
Chicago, IL 60608
PCB 2007-097
Louis Jimenez
1628 W. 33rd Place
Chicago, IL 60608
James M. Knox
121 W. Chestnu
Chicago, IL 60610
