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May 17, 2024

Algonquin Township – McArdle attempts to obtain a bogus order – Lukasik out – Miller now subject to oral discovery

By Kirk Allen & John Kraft

On October 30, 2019

McHenry County (ECWd) –

There was a 10 am court hearing in the Gasser v. Lukasik case that began with a real eye-opener.  McArdle presented a prepared order for the judge that had not been provided to Gasser’s attorney Rob Hanlon prior to the hearing.  Based on the reaction from Hanlon and the Judge, it appeared McArdle was attempting to pull a fast one and got cut off at the pass.

We covered the prior hearing in this article which clearly confirmed Lukasik no longer had a case as she failed to file an amended complaint.  McArdle’s attempt to get a signed order granting a motion on the pleadings is yet another way for him to continue billing the Township for something that had absolutely no chance of getting granted as it’s not possible since there are no pleadings before the court due to McArdle being unable to file an amended complaint.

McArdle had been put on notice by Hanlon, as outlined in the prior article with some very well articulated language.

“In the history of civil procedure, you may be the first attorney to contend that because the court dismissed your counter-complaint that you are entitled to judgment on the pleadings.  I would suggest to you that your motion for judgment on the pleadings is moot and that you have violated Rule 137 by filing the motion under 2-615(e).  By requiring the Road District to respond to that motion, you are forcing it to suffer costs of responding to your frivolous motion.  I will be seeking the appropriate sanction absent receiving a motion withdrawing your Motion for Judgment on the Pleadings.”

The warnings were ignored and McArdle’s attempt to get a signed order granting judgment on the pleadings failed.  Judge Meyer made it clear the matter was moot and he would not sign the order presented by McArdle. What did get signed was that the motion for judgment on the pleadings is moot and Lukasik is dismissed as a party to the proceedings in any capacity.  Also granted was that the Road District withdraws written discover issued to Luaksik as a party, and the court permitted Lukasik’s name to be removed from the Gasser V. Lukasik caption.

Other matters before the court were a Motion to Clarify by Bob Miller’s attorney Thomas Gooch.  During a prior hearing, Gooch made assertions to the court that were not true and I spoke with him about it after that hearing.  He assured me if the transcript says what I believed it said that he would pay for the transcript and correct the record.  We ordered the transcript and provided it to Gooch as evidence of what he said that was not true.  He was a man of his word and paid for the transcript and filed this motion, which was continued to next month due to him missing the hearing due to illness.

The final order from the judge may be the biggest one of the day.  Bob Miller’s deposition had been delayed over alleged discovery matters and now that all 15,779 pages of discovery have been provided the court ordered that oral discovery can proceed.  That means Bob Miller will now have to answer questions under oath in a deposition.

There are several other developing stories with Algonquin Township that we will publish in future articles and rest assured, one particular attorney should be concerned.

You can download the order from yesterday’s hearing at this link or view below.

New Doc 2019-10-29 10.10.41_1



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