BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOAR
    PEOPLE
    OF
    THE STATE
    OF ILLINOIS
    )
    )
    Complainant,
    )
    V.
    )
    )
    PACKAGING PERSONIFIED,
    INC.,
    an
    )
    Illinois
    Corporation
    )
    Respondent.
    )
    )
    PCBO4-16
    )
    (Enforcement
    — Air)
    PR
    ‘
    02009
    NOTICE
    OF
    FILING
    TO:
    Paula
    Wheeler
    Assistant
    Attorney
    General
    Environmental
    Bureau
    69
    West Washington
    Street,
    18
    th
    Floor
    Chicago,
    Illinois
    60602
    L. Nichole
    Cunningham
    Assistant
    Attorney
    General
    Environmental
    Bureau
    69
    West
    Washington
    Street,
    1 8
    lb
    Floor
    Chicago,
    Illinois
    60602
    PLEASE
    TAKE
    NOTICE
    that on
    Friday,
    April
    10, 2009,
    we
    filed the
    attached
    Respondent’s
    Motion
    to
    Modify
    Discovery
    Cutoff
    via
    hand
    delivery
    with
    the
    Clerk
    of the
    Illinois
    Pollution
    Control
    Board,
    a copy
    of
    which
    is
    herewith
    served
    upon
    you.
    Roy
    M. Harsch
    Drinker
    Biddle
    &
    Reath
    LLP
    191
    N.
    Wacker
    Drive
    -
    Suite
    3700
    Chicago,
    Illinois
    60606-1698
    (312)
    569-1000
    Respectfully
    submitted,
    STh
    OF
    ILLINOIS
    Control
    Board
    THIS
    FILING
    IS
    SUBMITTED
    ON
    RECYCLED
    PAPER
    BEFORE THE ILLINOIS
    POLLUTION
    CONTROL
    BOARIiEcvED
    OF
    THE STATE OF ILLINOIS
    RK’S
    OFFICE
    PEOPLE OF
    THE STATE OF
    )
    APR
    ‘I
    9
    ILLINOIS,
    )
    ,STAT$OF
    ILLINO,8
    Complainant,
    )
    IIt1on
    Contrj
    Board
    )
    PCBO4-16
    )
    (Enforcement — Air)
    v.
    )
    )
    PACKAGING
    PERSONIFIED, INC., an
    )
    Illinois Corporation
    )
    Respondent.
    )
    RESPONDENT’S MOTION TO MODIFY DISCOVERY
    CUTOFF
    Respondent, Packaging
    Personified,
    Inc.
    (“Packaging”),
    by its attorneys
    Drinker
    Biddle
    &
    Reath LLP, hereby requests that the Hearing Officer modify the April
    17, 2009 cutoff
    date for
    completing
    discovery
    as
    set forth below:
    1.
    In an order dated March 17, 2009, the Hearing Officer
    set a discovery
    cutoff
    date
    of April 17, 2009.
    2.
    Respondent was
    not
    able
    to produce three individuals
    for
    their
    requested
    depositions on the dates noticed by Complaint because these
    individual
    were
    out of the
    state
    on
    vacation.
    3.
    While one of the depositions has
    been
    held,
    rescheduling
    the remaining
    two
    could
    not be
    accomplished
    prior to the April 17, 2009 cutoff.
    4.
    Respondent and Complaint have agreed
    to alternative
    dates. Notices
    regarding
    such
    alternative dates for the remaining two depositions
    have been
    served for April
    20
    and 28,
    2009.
    5.
    Ms. Paula Becker Wheeler counsel for the
    Complainant
    has
    authorized
    the
    undersigned
    to state that Complainant
    will
    not
    file
    a response to
    this motion.
    6.
    Both Complainant
    and
    Respondent have
    been
    actively
    proceeding
    with
    discovery
    in this matter.
    As a
    result the request
    contained herein
    will
    not result in any
    adverse impact on
    either of their
    preparation
    for hearing in
    this matter.
    Wherefore
    Respondent
    respectfully
    requests that the
    Hearing Officer
    extend
    the
    discovery
    cutoff
    date to April 30,
    2009.
    Respectfully
    Submitted,
    PA
    G
    PERSONIFIED, INC.
    B:
    One of it
    attorn ys
    Dated: April 10,
    2009
    Roy
    M.
    Harsch
    Drinker
    Biddle
    &
    Reath
    LLP
    191
    N.
    Wacker Drive - Suite
    3700
    Chicago,
    IL
    60606-1698
    Telephone:
    (312)
    569-1441
    Facsimile:
    (312)
    569-3441
    2
    CERTIFICATE OF SERVICE
    The
    undersigned certifies
    that a
    copy
    of the
    foregoing
    Respondent’s
    Motion
    to
    Modify
    Discovery
    Cutoff
    was
    filed
    via
    hand
    delivery
    with
    the
    Clerk
    of the
    Illinois
    Pollution
    Control
    Board
    and
    served
    upon
    the
    parties
    below
    by
    U.S.
    First
    Class
    Mail
    on
    Friday,
    April
    10,
    2009.
    Paula
    Wheeler
    Assistant
    Attorney
    General
    Environmental
    Bureau
    69
    West
    Washington
    Street
    -
    18
    th
    Floor
    Chicago,
    IL
    60602
    L.
    Nichole
    Cunningham
    Assistant
    Attorney
    General
    Environmental
    Bureau
    69
    West Washington
    Street
    - Street,
    18
    th
    Floor
    IL
    60602
    CHOI/25327002.1

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