Algonquin Township – Lukasik granted leave to file amended counter claim

McHenry Co. (ECWd)-

Algonquin Township Clerk Karen Lukasik recently admitted she had no facts to support Andrew Gasser destroyed records.  She then, through her attorney David McArdle, outlined certain demands that if not met would result in the filing of an amended counterclaim. We covered that fiasco in this article.

July 23, 2019, McArdle provided notice to all the attorneys involved outlining the filing of a motion to file an amended pleading.

There was no amended pleading attached to the motion which is normally required.

It appears the motion filed had a few things missing if Local Rule is applied for such a filing.  According to McHenry County Local Rule 2.01(d), “Each motion shall be captioned with the case name and number and shall include the Supreme Court Rule, Code of Civil Procedure section, or other statutory section upon which it is based.”

We found no Supreme Court Rule, Code of Civil Procedure, or other statutory section upon which the motion is based.

McArdle claims that on June 3, 2019, Gasser Gasser filed a Motion to Dismiss Lukasik’s counter-complaint pursuant 235 ILCS 5/2-615, based on failure to state a cause of action.  The court docket does not show any such filing on or near that date.

What we did find in the docket was a motion for judgment, which it appears McArdle is pointing to in the last paragraph of his motion.

“WHEREFORE, Third-Party Plaintiff and Counter-Plaintiff, Karen Lukasik, as Algonquin Township Clerk, requests this Court for leave to file an amended pleading, no later than August 1, 2019, strike the current briefing schedule and deem the Motion filed by Gasser for Judgment on the Pleadings as moot.”

We understand judge Meyer granted the Motion for McArdle to amend the pleading, however, Gasser’s Motion for Judgement on the Pleadings will continue.

We will update with another article once the amended pleading is filed.  Considering Lukasik has already admitted to having no facts to support her claim Gasser destroyed any records it will be interesting to see what they claim in an amended pleading.

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