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ILLINOIS POLLUTION CONTROL BOARD
March 5, 2009
ANNE MCDONAGH and DAVID
FISHBAUM,
Complainants,
v.
RICHARD and AMY MICHELON,
Respondents.
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PCB 08-76
(Citizens Enforcement – Noise)
HEARING OFFICER ORDER
On March 5, 2009, the parties participated in a telephonic status conference with
the hearing officer. The respondents represented that they will not be filing a response to
complainants’ interlocutory appeal, filed February 20, 2009. The complainant, Anne
McDonagh, was informed the interlocutory appeal will not stay the proceedings. It
appears that the complainants wish to proceed with their interlocutory appeal.
Further discussions centered on the briefing schedule, including the tentative
hearing date set forth in the February 2, 2009, hearing officer order. It was agreed by all
parties that the discovery schedule, including the respondents’ expert report due date and
the hearing date are revised as follows. The respondents’ expert report, if any, is due to
be served and filed on or before April 17, 2009. All discovery, including any depositions,
must be completed on or before May 1, 2009. Ms. McDonagh represented that the due
date of the expert’s report on April 17, 2009, will give her ample time to review the
report and conduct any depositions prior to the discovery cut-off date of May 1, 2009. All
pre-hearing motions must be filed on or before May 8, 2009. Any responses to pre-
hearing motions are due to be filed on or before May 15, 2009. The agreed upon hearing
date is May 28, 2009. The May 28, 2009, hearing date is contingent upon David
Fishbaum’s availability. The mailbox rule will not apply to the expert report or the pre-
hearing motions or the responses, and all electronic or approved telefax filings must be
received by the Clerk’s Office no later than 4:30 p.m. of the due date. It was also agreed
that if any testing is done by the respondents’ expert, the complainants be given a 48 hour
notice.
The respondents represented that they anticipate that a permit to move the air-
conditioning units will be issued at the April 2, 2009, Village Zoning Board meeting.
The respondents opined that moving the units may or may not resolve the above-
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captioned matter. The respondents also represented that the complainants’ expert report
may have to be revised and further testing needed if the units are moved.
The parties or their legal representatives are directed to appear at a telephonic
status conference with the hearing officer on April 14, 2009, at 10:00 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.
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 March 5, 2009, 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 March 5, 2009:
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
PCB 2008-076
David Fishbaum
Anne McDonagh & David Fishbaum
1464 Linden Avenue
Highland Park, IL 60035
PCB 2008-076
Amy Michelon
Richard Michelon
1474 Linden Avenue
Highland Park, IL 60035
PCB 2008-076
Elliot S. Wiczer
Wiczer & Zelmar, LLC
500 Skokie Blvd.
Suite 350
Northbrook, IL 60062
