​Lyons Township Trustees of Schools

Circuit Court of Cook County, Illinois
Lyons Township Trustees of Schools (LTTO) v. Lyons Township High School (D204)
Case No. 13CH23386
Honorable Jerry A. Esrig, Circuit Judge, Law Division

​2021-05-21 - Circuit Court of Cook County Order:
No. 13 CH 23386 Trial Ruling - Honorable Jerry A. Esrig, Circuit Judge, Law Division

Filed Court Complaints / Motions / Responses / Briefs / etc. can be found below:

Lyons Township Trustees of Schools (LTTO) v. Lyons Township High School (D204) 2018 CH 08263

​(LTTO seeking to recover $418,589.97 in outstanding pro-rata share payments from District 204 between FY2014 and FY2017).

2018-06-29 - LTTO Filed: Chancery Division Civil Cover Sheet

2018-06-29 - LTTO Filed: Complaint

2018-07-25 - LTTO Filed: Summons to District 204

2018-09-07 - D204 Filed: Appearance and Jury Demand

2018-09-07 - D204 Filed: LT's Motion to Extend Time to Respond to Complaint

2018-10-10 - D204 Filed: LT's Answer, Affirmative Defense, and Counterclaim

2018-11-16 - D204 Filed: LT's Motion to Transfer to Law Division Based on Jury Demand

2018-11-21- LTTO Filed: Plaintiff's Motion to Strike Defendant's Affirmative Defense

2018-12-05 - LTTO Filed: Plaintiff's Motion to Dismiss Defendant's Counterclaim

2018-12-13 - LTTO Filed: Plaintiff's Response to Defendant's Motion to Transfer to Law Division Based on Jury Demand

2019-01-23 - D204 Filed: LT's Motion to Strike The Prayer for Relief In The TTO's Complaint Pursuant to Section 2-617

2019-01-23 - D204 Filed: LT's Motion to Revise Briefing Schedule

2019-02-20 - LTTO Filed: Plaintiff's Response to Defendant's Motion to Strike Prayer for Relief Pursuant to Section 2-617

2019-02-27 - D204 Filed: LT's Reply in Support of LT's Motion to Strike the Prayer for Relief in the TTO's Complaint Pursuant to Section 2-617

2019-02-27 - D204 Filed: LT's Response to the TTO's Motion to Strike LT's Affirmative Defense

2019-02-27 - D204 Filed: LT's Response to the TTO's Motion to Dismiss LT's Counterclaim

2019-03-15 - LTTO Filed: Plaintiff's Reply in Support of its Motion to Dismiss Defendant's Counterclaim

2019-03-15 - LTTO Filed: Plaintiff's Reply in Support of its Motion to Strike Defendant's Affirmative Defense

2019-09-26 - LTTO Filed: Plaintiff's Motion to Voluntarily Dismiss Its Complaint

2019-10-30 - Agreed Order

Lyons Township Trustees of Schools (LTTO) v. Lyons Township High School (D204) 2013 CH 23386

(LTTO seeking to recover a total of $4,482,478.66: $2,628,807.28 in outstanding pro-rata share payments, $1,380,496.53 in over payment of interest income, and $473,174.85 in auditor fees paid by the LTTO for independent auditor services provided to District 204 between FY2000 and FY2013).

2013-10-16 - LTTO Filed: Verified Complaint for Declaratory Relief

2013-12-19 - D204 Filed: Defendant's Motion for No-Fee Filing and For Extension of Time to Answer or Otherwise Plead

2014-01-06 - D204 Filed: Appearance of Dykema Gossett PLLC

2014-01-31 - D204 Filed: Motion to Dismiss

2014-02-26 - LTTO Filed: Plaintiff's Response to Defendant's Motion to Dismiss

2014-03-11 - D204 Filed: Reply In Further Support of Motion To Dismiss

2014-08-12 - D204 Filed: Motion to Reconsider Order of June 18, 2014

2014-09-08 - LTTO Filed: Plaintiff's Response to Defendant's Motion to Reconsider

2014-09-15 - D204 Filed: Reply In Further Support of Motion to Reconsider Order of June 18, 2014

2014-10-24 - LTTO Filed: Verified Amended Complaint For Declaratory Relief

2014-11-13 - D204 Filed: Defendant's Unopposed Motion For Extension of Time to Answer or Otherwise Please to Amended Complaint

2014-12-18 - D204 Filed: Defendant's Verified Answer and Affirmative Defenses to Amended Complaint for Declaratory Relief

2015-01-09 - LTTO Filed: Plaintiff's Reply to Defendant's Affirmative Defenses

2015-02-09 - D204 Filed: Lyons Township High School District 204's verified Counterclaim For Declaratory, Injunctive, and Other Relief

2015-03-12 - LTTO Filed: Plaintiff's Motion to Dismiss Counterclaim

2015-04-24 - D204 Filed: Lyons Township High School District 204's First Amended Verified Counterclaim

2015-06-05 - LTTO Filed: Township Trustees' Motion to Dismiss First Amended Verified Counterclaim

2015-06-29 - D204 Filed: Response to Motion to Dismiss First Amended Verified Counterclaim

2015-07-13 - LTTO Filed: Township Trustees' Reply Memorandum In Support of It's Motion to Dismiss First Amended Verified Counterclaim

2015-07-15 - LTTO Filed: Motion for Substitution of Counsel

2015-07-24 - LTTO Filed: Township Trustees' Motion to Dismiss First Amended Verified Counterclaim

2015-08-03 - D204 Filed: Response to Plaintiff's Corrected Motion to Dismiss First Amended Verified Counterclaim

2015-08-11 - LTTO Filed: Township Trustees' Reply Memorandum In Support of It's Motion to Dismiss First Amended Verified Counterclaim

2015-11-19 - LTTO Filed: Answer and Affirmative Defenses to Lyons Township High School District 204's First Amended Verified Counterclaim

2015-12-10 - D204 Filed: Defendant's Verified Reply to Plaintiff's Affirmative Defenses

2016-05-11 - LTTO Filed: Notice of Motion to Compel Discovery Responses

2016-07-01 - LTTO Filed: Notice of Motion to Compel Discovery Responses

2016-07-21 - D204 Filed: Lyons Motion to Substitute Counsel

2017-02-17 - D204 Filed: Defendant and Counter-Plaintiff LT's Motion for Leave to Amend It's Affirmative Defenses and Counterclaim

2017-03-08 - D204 Filed: Defendant and Counter-Plaintiff LT's First Amended Affirmative Defenses to the TTO's First Amended Complaint, and LT's Second Amended Counterclaim (Verified)

2017-04-28 - LTTO Filed: Township Trustees' Answer to District 204's Second Amended Counterclaim

2017-04-28 - LTTO Filed: Township Trustees' Reply to District 204's First Amended Affirmative Defenses

2017-05-16 - D204 Filed: Defendant LT's Section 2-615 Motion to Strike Improper Responses in the TTO's Reply to Amended Affirmative Defenses

2017-05-16 - D204 Filed: Motion to Strike Improper Responses - Exhibit 1

2017-05-30 - LTTO Filed: Township Trustees' Motion for Leave to File Second Verified Amended Complaint for Declaratory Relief 

2017-05-31 - D204 Filed: Defendant LT's Motion for Partial Summary Judgement: The TTO's Claims are Subject to a 5-Year Limitations Period 

2017-05-31 - D204 Filed: Motion for Partial Summary Judgement - Exhibits 1-26

2017-05-31 - LTTO Filed: Township Trustees' Response to Defendant's Motion to Strike

2017-06-20 - D204 Filed: Defendant LT's Response to the TTO's Motion for Leave to File Second Amended Complaint

2017-06-20 - D204 Filed: Response to Motion for Leave to File Second Amended Complaint - Exhibits 1-5

2017-07-10 - LTTO Filed: TTO's Amended Reply to Paragraph 44 of LT's First Amended Affirmative Defenses

2017-07-17 -  LTTO Filed: Plaintiff's Motion for Summary Judgment 

2017-07-17 - LTTO Filed: Plaintiff's Motion for Summary Judgement - Exhibit 3 - Affidavit of Dr. Susan Birkenmaier

2017-07-17 - LTTO Filed: Plaintiff's Motion for Summary Judgement - Exhibit 3 - Affidavit of Dr. Susan Birkenmaier - Affidavit Exhibit A, Part 1

2017-07-17 - LTTO Filed: Plaintiff's Motion for Summary Judgement - Exhibit 3 - Affidavit of Dr. Susan Birkenmaier - Affidavit Exhibit A, Part 2

2017-07-17 - LTTO Filed: Plaintiff's Motion for Summary Judgement - Exhibit 3 - Affidavit of Dr. Susan Birkenmaier - Affidavit Exhibit B

2017-07-17 - LTTO Filed: Plaintiff's Motion for Summary Judgement - Exhibit 3 - Affidavit of Dr. Susan Birkenmaier - Affidavit Exhibit C, Part 1

2017-07-17 - LTTO Filed: Plaintiff's Motion for Summary Judgement - Exhibit 3 - Affidavit of Dr. Susan Birkenmaier - Affidavit Exhibit C, Part 2

2017-07-17 - LTTO Filed: Plaintiff's Motion for Summary Judgement - Exhibit 3 - Affidavit of Dr. Susan Birkenmaier - Affidavit Exhibit C, Part 3

2017-07-17 - LTTO Filed: Plaintiff's Response to Defendant's Motion for Partial Summary Judgment

2017-07-21 - LTTO Filed: Verification of Dr. Susan Birkenmaier to TTO's Amended Reply to Paragraph 44 of LT's First Amended Affirmative Defenses

2017-08-09 - D204 Filed: LT's Reply in Support of It's Motion for Partial Summary Judgement: The TTO's Claims are Subject to a 5-Year Limitations Period

2018-01-22 - D204 Filed: LT's Supplemental Brief On Statute of Limitations and Held-In-Trust Issue

2018-01-22 - LTTO Filed: TTO's Supplemental Response to LT's Motion for Partial Summary Judgment

2018-06-12 - LTTO Filed: Plaintiff's Revised Motion for Summary Judgment

2018-06-12 - LTTO Filed: Plaintiff's Revised Motion for Summary Judgment - Exhibits 1-22 - Part 1

2018-06-12 - LTTO Filed: Plaintiff's Revised Motion for Summary Judgment - Exhibits 1-22 - Part 2

2018-06-15 - D204 Filed: LT's Motion to Strike the TTO's Motion for Summary Judgment

2018-06-15 - D204 Filed: LT's Motion to Strike the TTO's Motion for Summary Judgment with Corrected Exhibits

2018-07-02 - LTTO Filed: Plaintiff's Second Revised Motion for Summary Judgment

2018-07-02 - LTTO Filed: Plaintiff's Second Revised Motion for Summary Judgment - Exhibit 1

2018-07-02 - LTTO Filed: Plaintiff's Second Revised Motion for Summary Judgment - Exhibits 2-12

2018-07-02 - LTTO Filed: Plaintiff's Second Revised Motion for Summary Judgment - Exhibits 13-15

2018-07-02 - LTTO Filed: Plaintiff's Second Revised Motion for Summary Judgment - Exhibit 16 (a)-(c)

2018-07-02 - LTTO Filed: Plaintiff's Second Revised Motion for Summary Judgment - Exhibit 17-19

2018-07-02 - LTTO Filed: Plaintiff's Second Revised Motion for Summary Judgment - Exhibit 20-22

2018-08-17 - D204 Filed: Defendant LT's Response to the TTO's Summary Judgement Motion

2018-08-17 - D204 Filed: Defendant LT's Response to nthe TTO's Summary Judgment Motion - Exhibits 1-50

2018-08-20 - D204 Filed: Defendant LT's Page Limit Motion for It's Response to the TTO's Summary Judgment Motion

2018-09-07 - LTTO Filed: Plaintiff's Reply Brief In Support of It's Second Revised Motion for Summary Judgment​

2019-02-08 - D204 Filed: Defendant LT's Motion to Strike the Prayer for Relief in the TTO's Amended Complaint Pursuant to Section 2-617

2019-02-20 - LTTO Filed: Plaintiff's Response to Defendant's Motion to Strike Prayer for Relief Pursuant to Section 2-617

2019-03-11 - D204 Filed: Defendant LT's Motion to Withdraw, Without Prejudice, LT's Motion to Strike the TTO's Prayer for Relief

2019-06-21 - Circuit Court of Cook County Transfer Order from Chancery Division to Law Division

2019-07-10 - Circuit Court of Cook County Law Division Judge Assignment - Honorable Judge Thomas R. Mulroy

2019-07-29 - D204 Filed: Defendant LT's Motion for Reconsideration of LT's Partial Summary Judgement Motion on the Statute of Limitation Issue

2019-07-29 - D204 Filed: Defendant LT's Motion for Reconsideration of LT's Partial Summary Judgement Motion on the Statute of Limitation Issue - Exhibits, Part 1

2019-07-29 - D204 Filed: Defendant LT's Motion for Reconsideration of LT's Partial Summary Judgement Motion on the Statute of Limitation Issue - Exhibits, Part 2

2019-07-29 - D204 Filed: Defendant LT's Motion for Reconsideration of LT's Partial Summary Judgement Motion on the Statute of Limitation Issue - Exhibits, Part 3

2019-07-29 - LTTO Filed: Plaintiff's Motion of Judgement as a Matter of Law on Defendant's Second Affirmative Defense: Statute of Limitations (Alternatively, Motion to Reconsider)

2019-08-07 - LTTO Filed: Plaintiff's Motion to Certify Interlocutory Appeal Under Illinois Supreme Court Rule 304(a) and/or Rule 308; and to Stay T=this Matter Pending Such Appeal

2019-08-30 - LTTO Filed: Plaintiff's Pre-Trial Memorandum

2019-08-30 - D204 Filed: LT's Pre-Trial Memorandum

2019-09-03 - D204 Filed: LT's Trial Brief & Opening Statement

2019-09-04 - LTTO Filed: Plaintiff's Trial Brief

2019-09-13 - LTTO Filed: Plaintiff's Motion for Leave to File Second Amended Verified Complaint for Declaratory Relief

2019-09-17 - LTTO Filed: Second Amended Verified Complaint for Declaratory Relief

2019-10-21 - D204 Filed: Defendant and Counter-Plaintiff LT's Answer, Consolidated Affirmative Defenses, and Consolidated Counterclaim in Response to the TTO's Consolidated Second Amended Complaint (Verified)

2019-11-12 - LTTO Filed: Plaintiff's Reply to Defendant's Consolidated Affirmative Defenses

2019-11-12 - LTTO Filed: Plaintiff's Motion to Dismiss Defendant's Third and Fourth Consolidated Affirmative Defenses

2019-11-19 - D204 Filed: LT's Response to the TTO's Motion to Dismiss LT's Third and Fourth Affirmative Defenses

2019-11-21 - LTTO Filed: Plaintiff's Motion to Dismiss Defendant's "Consolidated Counterclaim"

2019-12-06 - LTTO Filed: Plaintiff's Pre-Trial Memoradum (for the December 16, 2019 Trial Date)

2019-12-06 - LTTO Filed: Plaintiff's Trial Brief (for the December 16, 2019 Trial Date)

2019-12-06 - D204 Filed: LT's Pre-Trial Memorandum

2019-12-09 - D204 Filed: LT's Trial Brief & Opening Statement

2019-12-09 - D204 Filed: LT's Exhibit List and Notice of Filing

2019-12-10 - Circuit Court of Cook County Order:

1. This matter continued for status until January 29, 2020 at 9:30am
2. The trial date of December 16, 2019 is stricken
3. All pending motions are entered and continued.

2020-01-13 - LTTO Filed: Plaintiff's Motion to Reconsider

2020-01-27 - D204 Filed: LT's Response to the TTO's Motion for Reconsideration

2020-01-31 - Circuit Court of Cook County Order:

1. The Court will issue a ruling on the TTO's Motion to dismiss LT's Counterclaim.
2. The Court vacates its 07/31/2019 order granting LT's Motion for Reconsideration and denying the TTO's Motion for Reconsideration for the limitations issue and will decide the applicability of the 5-Year Statute of Limitation to the TTO's claims based on proofs to be presented at trial.
3. The TTO shall produce documentation by noon on 02/03/2020.
4. TTO counsel shall appear at hearing scheduled for 9:30AM on 02/03/2020.

2020-02-03 - Circuit Court of Cook County Order:

• This matter coming on status on the court's own motion Judge Thomas R. Mulroy has recused himself.

2020-02-06 - Circuit Court of Cook County Law Division Judge Assignment - Honorable Judge Jerry A. Esrig

2020-04-01 - LTTO Filed: Plaintiff's Reply to Defendant's Fifth Consolidated Affirmative Defense

2020-04-01 - LTTO Filed: Plaintiff's Answer to Defendant's "Consolidated Counterclaim"

2020-08-12 - Circuit Court of Cook County Order:

1. This trial of this matter is set to commence at 9:30 a.m. on November 9, 2020 and continue thereafter, as necessary, at 9:30 a.m. on November 10, 12, 16 and 17.
2. A final pretrial conference is set for October 28, 2020 at 9:30 a.m.
3. Pursuant to Illinois Supreme Court Rule 45 the final pretrial conference and trial will be conducted online through the use of Zoom Video Communications, Inc. Login information shall be the same as that provided in this Court's order of July 31, 2020.
4. The parties shall comply with the Uniform Standing Order for All Commercial Calendars (eff. July 15, 2020) ("Uniform Order'). All pretrial materials required by the Uniform Order shall be submitted to the Court by October 16, 2020.
   
5. The parties shall confer and exchange those materials identified in the Uniform Order, as well as their trial exhibits and demonstrative evidence, by October 2, 2020.
   
6. The final pretrial conference and trial must not be recorded other than by court reporting personnel pursuant to Illinois Supreme Court Rule 46. The court does not supply court reporting personnel; parties must make their own arrangements for court reporting personnel to participate via Zoom.
7. All counsel of record or self-represented parties shall be included on any email communication with the Court Coordinator and Law Clerk.
8. The parties are excused from compliance with section 4.5 of Law Division General order 20-06.
   

2020-10-16 - LTTO Filed: Brief Summary of Plaintiff's Trial Brief

2020-10-16 - LTTO Filed: Plaintiff's Trial Brief

2020-10-16 - LTTO Filed: Plaintiff's Trial Witness List

2020-10-16 - LTTO Filed: Plaintiff's Trial Exhibit List

2020-10-16 - D204 Filed: LT's Trial Brief

2020-10-16 - D204 Filed: LT's Witness List

2020-10-16 - D204 Filed: LT's Exhibit List

2020-11-20 - Circuit Court of Cook County Order:

1. The Court will hold a status conference on December 15, 2020, at 9:00 a.m. to
   be conducted remotely via Zoom.
   
2. The bench trial of this matter is hereby continued to January 12–13, 2021;
   January 26–27, 2021; and February 2–3, 2021. Trial will begin at 1:00 p.m. on each of those days. Trial will continue to be conducted remotely via Zoom.
   
3. Zoom login information for the status conference and trial is as follows:
   a. To view and join other participants at the hearings, please visit the
   following link: https://circuitcourtofcookcounty.zoom.us/j/95053221634?pwd=QjJwT1A
   

2021-01-14 - LTTO Filed: Circuit Court of Cook County Briefing Schedule Order

• Voluntary Dismissal of Interest Allocation Claim
• Movant Brief is due on 01/19/2021
• Response Brief is due on 01/25/2021
• Hearing set for January 29, 2021, at 1:30 p.m. to be conducted remotely via Zoom.
  
• To view and join other participants at the hearings, please visit the

            following link: 

             https://circuitcourtofcookcounty.zoom.us/j/95053221634?pwd=QjJwT1A

2021-01-19 - LTTO Filed: Plaintiff's Motion to Voluntarily Dismiss Interest Allocation Claim

2021-01-25 - D204 Filed: LT's Response to the TTO's Motion to Voluntarily Dismiss It's Interest Claim

2021-01-27 - LTTO Filed: Plaintiff's Reply in Support of its Motion to Voluntarily Dismiss Interest Allocation Claim

2021-02-03 - Circuit Court of Cook County Order:

1. The existing trial dates of February 3 and 10, 2021 at 1:00 p.m., stand.
   
2. The bench trial of this case is further continued tp February 16, 2021 at 1:00 p.m.
   
3. Zoom login information for the trial is as follows:
   a. To view and join other participants at the hearings, please visit the
   following link: https://circuitcourtofcookcounty.zoom.us/j/95053221634?pwd=QjJwT1A

2021-02-18 - Circuit Court of Cook County Order:

      The bench trial of this case having continued to February 16, 2021 ordered that:

1. Closing arguments are set for March 12, 2021 at 11:00 a.m.
2. Zoom login information for the closing arguments is as follows:
   a. To view and join other participants at the hearings, please visit the
   following link: https://circuitcourtofcookcounty.zoom.us/j/95053221634?pwd=QjJwT1A
   

2021-03-16 - Circuit Court of Cook County Order:

• The bench trial of this case having concluded on March 12, 2021 and the Court having taken the matter under advisement it is hereby ordered that this matter is continued until May 7, 2021 at 9:00 a.m. for a case management conference and no appearance is necessary on this date.
  

2021-04-27 - Circuit Court of Cook County Order:

• This matter comes before the court for bench trial. The motion remains under advisement. The court will notify the parties when an order disposing of the motion is entered. The case is continued for a case management conference on June 18, 2021 at 9:00 a.m. in Room 2001. No appearance is necessary. If an order disposing of the motion has not been entered before that date, the court will set a new case management date. The May 7, 2021 case management conference at 9:00 a.m. is stricken.

2021-05-21 - Circuit Court of Cook County Order:

• No. 13 CH 23386 Trial Ruling - Honorable Jerry A. Esrig, Circuit Judge, Law Division

2021-12-14 - LTTO Filed: Plaintiff's Motion to Adjudicate Contempt and Enforce the Court's May 21, 2021 Final Judgement

2021-12-15 - Circuit Court of Cook County Order:

• Notice of Motion to Adjudicate Contempt and Enforce the Court's May 21, 2021 Final Judgement
• The Zoom video call information is:
  
  • Meeting ID Number: 950 5322 1634
    
  • Password: 335113
    
  • Call-in Number: 312-626-6799
    

2021-12-16 - D204 Filed: Email to Honorable Jerry A. Esrig, Circuit Judge, Law Division

2021-12-21 - Circuit Court of Cook County Order:

• Honorable Jerry A. Esrig, Circuit Judge, Law Division