BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
TOY AL AMERICA, Inc. formerly
known as ALCAN-
TOY AL AMERICA, INC.,
a foreign corporation,
Respondent.
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PCB No. 00-211
(Enforcement -Air)
NOTICE OF ELECTRONIC FILING
PLEASE TAKE NOTICE that on the 24th day of April, 2009, the Complainant filed its
Motion for Extension
of Time to File Reply to Amended Response, a true and correct copy of
which is attached and herewith served upon you.
By:
. PEOPLE OF THE STATE OF
ILLINOIS,
by
LISA
ADIGAN
Atto ey General
of
tat of Illinois
~-4~~
__________ _
istopher Grant
Assistant Attorney General
69 W. Washington Street,
#1800
Chicago Illinois, 60602
(312)814-5388
Electronic Filing - Received, Clerk's Office, April 24, 2009
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF
THE STATE OF ILLINOIS,
Complainant,
v.
TOYAL AMERICA, Inc. formerly
known as ALCAN-TOY
AL AMERICA, INC.,
a foreign corporation,
Respondent.
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PCB No. 00-211
(Enforcement -Air)
MOTION FOR EXTENSION OF TIME TO
FILE REPLY TO AMENDED RESPONSE
Complaint, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General
of the State of Illinois, requests that the Hearing Officer extend the deadline for filing its
Reply in this matter, for the purpose of reviewing and responding to Respondent's Amended
Response. In support thereof, Complainant states, as follows:
1.
Pursuant to the Hearing Officer's Order of April 6, 2009, Complainant was
to file its Reply to Toyal America, Inc.'s
("Toyal's") Response brief by April 24, 2009.
2.
Compliant had completed its Reply, and was preparing to file via electronic filing
at approximately 11 :30 a.m. on April 24, 2009.
3.
However, prior to the filing, the undersigned checked the Board's web site for
this case, and learned for the first time that Toyal had filed an Amended Response to correct
certain errors contained in its original Response. Complainant had not been advised that Toyal
would be filing an Amended Reply, and had not yet been served with Toyal's Motion.
Electronic Filing - Received, Clerk's Office, April 24, 2009
4.
Complainant had suggested that Toyal Amend its Response, and therefore does
not object to the Amendment. However, Complainant will need time to revise its Reply based
on possible changes in the Response, which consists
of sixty-one pages.
5.
because Complainant has not yet been served with the Amended Response, and
learned for the first time that one would be filed only through checking the record on-line,
Complainant requests an additional
14 days, until May 8, 2009, to file its Reply to the Amended
Response.
6.
At approximately 11 :45 a.m. on April 24, 2009, the undersigned attempted to
contact opposing counsel regarding this extension, but was only able to leave a voice message.
Mr. Harsch has since emailed that he is out
of town and does not object to the State's taking such
time as necessary to revise its Response. Having not yet reviewed the Amended Response,
Complaint believes that a two week extension is reasonable.
Wherefore, Complainant requests that its deadline for filing a Reply to Toyal's Amended
Response be continued until May
8, 2009.
RESPECTFULLY
SUBMITTED
PEOPLE OF THE STATE OF ILLINOIS
by
LISA MADIGAN,
Attorney General
of the State of Illinois
MATTHEW
J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
ROSEMARIE CAZEAU, Chief
Environmental Bureau North
Electronic Filing - Received, Clerk's Office, April 24, 2009
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BY:
Environmental
C~R~
Bureau
Assistant Attorney General
69
W. Washington Street, #1800
Chicago,
IL
60602
(312)814-5388
Electronic Filing - Received, Clerk's Office, April 24, 2009
CERTIFICATE OF SERVICE
I, CHRISTOPHER GRANT, an attorney, do certify that I caused to be served this 24th
day
of April, 2009, the foregoing Motion for Extension of Time to File Reply to Amended
Response and Notice
of Electronic Filing upon the persons listed below, by hand delivery, and by
placing same in an envelope bearing sufficient postage with the United States
Postal Service
located at
100
W.
Randolph, Chicago, Illinois.
Mr. Bradley
P. Halloran
Hearing
Officer
Illinois Pollution Control Board
100 W. Randolph
Chicago, Illinois
60601 (By Hand Delivery)
Mr. Roy
M. Harsch
Drinker Biddle Gardner Carton
LLP
191 N. Wacker Drive, Suite 3700
CHRISTOPHER
GRANT
Chicago, Illinois
60606-1698 (By fax and First Class Mail)
Electronic Filing - Received, Clerk's Office, April 24, 2009
