Judge Joan Lefkow has delayed a decision about throwing the lawsuit against Rutherford out.
During a Thursday hearing, a lawyer for Michalowski requested a month to respond to Rutherford's motion to dismiss the case. Judge Lefkow agreed, but did not specify when she would rule on Rutherford's request.
A hearing has been scheduled for Thursday in a lawsuit filed against Illinois Treasurer Dan Rutherford by a former employee.
Rutherford's lawyers are expected to ask a U.S. District Court judge to throw out the suit filed by Edmund Michalowski. Michalowski accused Rutherford earlier this year of sexual harassment and making him perform political work on state time.
Rutherford, meanwhile, denies the claims and says they are politically motivated. The suit was filed in the middle of Rutherford's campaign for the Republican nomination for governor.
Rutherford's lawyers are expected to ask the judge to dismiss the case and say Michalowski's claims regarding campaign work while on state time are not plausible. They also say the plaintiff doesn't show he was discriminated against or harassed.
Finally, the lawyers say Rutherford is entitled to government immunity.
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