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ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
)
)
Complainant,
)
)
v.
)
PCB 08-17
)
FELKER PHARMACY, INC., an Illinois
)
(Enforcement-Water)
corporation, and ROD BENNETT
)
CONSTRUCTION, INC., an Illinois
)
corporation,
)
)
Respondents,
)
)
)
ROD BENNETT CONSTRUCTION, INC. )
)
Third Party Complainant
)
)
v.
)
PCB 08-17
)
(Citizens Enforcement – Water)
MCCLELLAN BLAKEMORE
)
(Third-Party Complaint)
ARCHITECTS, INC., an Illinois
)
corporation, and WENDLER
)
ENGINEERING SERVICES,
)
INC., an Illinois corporation
)
)
Third Party Respondents.
)
STIPULATION AND PROPOSAL FOR SETTLEMENT
Rod Bennett Construction, Inc. (Respondent), by and through its attorney, James E. Meason, and
Wendler Engineering Services, Inc. (Third Party Respondent Wendler), by and through its
attorney, Hinshaw & Culbertson LLP, submit this Stipulation and Proposal for Settlement
(Proposal) for the approval and entry by the Illinois Pollution Control Board (IPCB), stating as
follows:
1.
In an effort to avoid costly and time consuming litigation in this matter, Respondent
and Third Party Respondent Wendler desire to settle their potential claims against one
another.
2.
Without admitting or denying any facts or assertions in this matter, Third Party
Respondent Wendler will pay five thousand dollars ($5,000.00) to Respondent in full
satisfaction of all claims in this matter.
Electronic Filing - Received, Clerk's Office, November 18, 2008
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3.
Third Party Respondent Wendler will pay the $5,000.00 directly to Respondent
within 30 days of Respondent’s and Third Party Wendler’s execution of the Proposal.
The payment will be made payable to Rod Bennett Construction, Inc. and sent to the
following address: James E. Meason, Attorney at Law, 113 W. Main Street, Rockton,
IL 61072. Attorney Meason will hold these funds until IPCB enters an Order
accepting and approving the Proposal. Thereafter, Attorney Meason will release the
funds to Respondent. In the event that IPCB fails to enter such an Order, upon
written notification by IPCB, Attorney Meason will return immediately the funds to
Third Party Wendler.
4.
Third Party Respondent Wendler’s payment pursuant to this Proposal further is
contingent upon the People of the State of Illinois, Felker Pharmacy, Inc., and Rod
Bennett Construction, Inc. entering into a Stipulation and Proposal for Settlement
(Stipulation) in this case and IPCB’s subsequent entry of an order approving and
accepting the Stipulation.
5.
Upon payment of $5,000.00 to Respondent by Third Party Respondent Wendler,
Respondent agrees to indemnify and hold harmless McClellan Blakemore Architects,
Inc. (Third Party MBA) and Third Party Wendler as to any further action by the
People of the State of Illinois in the Complaint or Third-Party Complaint.
6.
Respondent further will file contemporaneously with IPCB’s entry of the Order a
Motion to Dismiss With Prejudice the Third Party Complaint against Third Party
Wendler and Third Party MBA.
7.
Should Third Party Respondent Wendler fail to pay Respondent the $5,000.00 as
agreed, Respondent may file a Petition for Rule to Show Cause with IPCB.
8.
This Proposal may be executed in component parts, with the executed signature pages
constituting each party’s assent to the terms and conditions contained herein.
Respectfully submitted,
Rod Bennett Construction, Inc., Respondent
By:
Date:
James E. Meason
Counsel for Respondent
Electronic Filing - Received, Clerk's Office, November 18, 2008
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Wendler Engineering Services, Inc., Third Party Respondent
By:
Date:
Thomas H. Boswell
Hinshaw & Culbertson LLP
Counsel for Third Party Respondent
McClellan Blakemore Architects, Inc., Third Party Respondent
By:
Date:
John Lanpher
Guyer & Enichen
Counsel for Third Party Respondent
Prepared by:
James E. Meason
Attorney at Law
113 W. Main Street
Rockton, IL 61072-2416
(815) 624-6517
c:\my docs\law\bennett\felker\agreed third party settlement order
Electronic Filing - Received, Clerk's Office, November 18, 2008
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CERTIFICATE OF SERVICE
Pursuant to the Illinois Pollution Control Board regulations, specifically 35 Ill. Admin. Code
101.304(c), I certify that on October 22, 2008, I sent via U.S. mail from Rockton, Illinois, at
11:00 a.m. the Stipulation and Proposal for Settlement to the following persons:
Illinois Pollution Control Board
100 W. Randolph
Suite 11-500
Chicago, Illinois 60601
Stephen J. Sylvester, Esq.
Assistant Attorney General
Environmental Bureau
69 W. Washington Street, Suite 1800
Chicago, IL 60602
Eric D. Morrow, Esq.
Smith Hahn Morrow & Floski, P.C.
129 S. Fourth Street
P.O. Box 10
Oregon, IL 61061-0010
John D. Lanpher, Esq.
Agent, McClellan Blakemore Architects, Inc.
2601 Reid Farm Road Suite B
Rockford, IL 61114
Thomas H. Boswell, Esq.
Wendler Engineering Services, Inc.
Hinshaw & Culbertson LLP
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
Rod Bennett Construction, Inc.
By:
James E. Meason
Respondent’s Attorney
Electronic Filing - Received, Clerk's Office, November 18, 2008
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