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PA Bulletin, Doc. No. 97-606

NOTICES

Springfield Township v. DEP; EHB Doc. No. 97-071-MR, 3/1/97 NPDES Permit No. PA0051284

[27 Pa.B. 1986]

Pre-Hearing Order No. 1

Scheduling Discovery and Filing of Dispositive Motions

   It is hereby ordered as follows:

   1.  The above matter has been assigned to Administrative Law Judge, the Honorable Judge Robert D. Myers, for primary handling.

   2.  All discovery in this matter shall be completed within 90 days of the date of this pre-hearing order, July 7, 1997, unless extended for good cause upon written motion.

   3.  All dispositive motions shall be filed within 120 days of the date of this pre-hearing order, August 7, 1997. Exhibits, affidavits or discovery documents relied upon in support of a dispositive motion or response must be cited in and, if not otherwise made a part of the record, attached to or incorporated by reference in the motion or response. Exhibits, affidavits or discovery documents which are not cited in the motion or response, or which are cited only in the supporting memorandum, will not be considered by the Board in ruling on the motion. Exhibits submitted with a reply brief which are not otherwise part of the record will not be considered by the Board.

   4.  The parties may, within 45 days of the date of this pre-hearing order, submit a Joint Proposed Case Management Order to the Board, which may, among other things, propose alternate dates for the conclusion of discovery and the filing of dispositive motions.

   5.  Any appellant may amend its appeal as of right within 20 days of the date the appeal was filed and docketed by filing a restated notice of appeal with the Board. Thereafter, any appellant desiring to amend an appeal must do so by filing a motion for leave to amend setting forth the basis for the request as authorized by 25 Pa. Code § 1021.53. An appellant may not request leave to amend after the case has been assigned for hearing or the Board has decided any dispositive motions, whichever is later. If the Board grants the motion for leave to amend the appeal may be amended by filing a restated appeal with the Board within the time allowed by the Board's Order.

   6.  Any request for continuance, or for extending any filing deadline, must be made as a formal motion, under 25 Pa. Code § 1021.71, except when opposing counsel consent to the continuance or extension. When there is such consent, the request may be embodied in an informal letter, provided the letter indicates the consent of opposing counsel. Requests for extensions or continuances, whether in letter or motion form, shall contain a specific date for the extension or continuance.

   7.  Any party desiring to respond to a petition or motion must do so within the time set forth in 25 Pa. Code §§ 1021.70--1021.74, unless otherwise ordered. A party will be deemed to have waived the right to contest any motion or petition to which a timely response has not been filed. The Board will not notify the parties that a response may be due.

   8.  After the Board resolves all dispositive motions, it will establish a hearing date for the remaining issues.

   9.  Within the first 45 days of the 90 days period specified in Paragraph 2 hereof the parties shall meet and discuss the settlement of some or all of the issues raised in this appeal.

GEORGE J. MILLER,   
Chairperson

[Pa.B. Doc. No. 97-606. Filed for public inspection April 18, 1997, 9:00 a.m.]


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