“The report you requested is kept on site at JBI and is considered Business Confidential, therefore, we do not have possession of the requested records and they are not available for public release. The Department is allowed access to the report upon request when at the site.”
This looks material to me. Some things are “business confidential”, even in a public company.
Absolutely dead wrong. As you probably are well aware, the date somebody SENDS something by mail is almost never the same date somebody else RECEIVES it.
JBII sent it March 1. NYSDEC hadn't received it yet at some point on March 1, possibly hours before JBII even sent it.
Although JBII possesses irrefutably amazing technology to the envy of all, they still haven't invented neither a time machine nor a teleporter. Even over nighting something on March 1 wouldn't arrive until..... March 2.