McHenry Co. (ECWd) –
Algonquin Township Road District Attorney Rob Hanlon filed a response to Davide McArdle’s motion for judgment on the pleadings in the Lukasik counterclaim case against the Road District.
The response makes it abundantly clear Lukasik has no case before the court.
Below are points of humor that jumped out at us when reading the response.
- “This matter is in a court of law, not a Seinfeld (1) episode -(1 A television show about nothing.)”
- “This may be a first in Illinois civil procedure history where a party having had their Counter/cross-complaint dismissed asks for a judgment with nothing pending involving that litigant.”
- “Lukasik is not entitled to a judgment as a matter of law because there remains nothing to which she is a party in this action”
- “Procedurally, this is a civil procedure anomaly at best, and at worst sanctionable.”
- “Lukasik’s Motion for Judgment on the Pleadings boils down to this: nothing is pending against her and she has nothing pending.”
- “The reality is that there are no elements to a claim that everything is over for Lukasik in this case.”
- “Can “judgment” enter when nothing remains? In short, there is no legal standard when the legal issues have been adjudicated.”
A copy of the response can be downloaded at this link or viewed below.GASSER-Ptfs'RspnsToLukasik'sMoFrJdgmnt 10-4-19 (002)