McHenry Co. (ECWd) -
Oops, I stepped in it, how on earth am I going to clean this up?
Thomas Gooch III is the attorney representing former Algonquin Township Highway Commissioner Bob Miller, and a recent motion made to the court is one of those "oops" that Gooch appears to be very familiar with. In the Algonquin Township Road District case, and even our Freedom of Information Act case, Gooch has had to file motions to correct the record because of erroneous filings or statements and even withdrew his client from a case after realizing bringing his client into the case would subject him to discovery. A few of those corrected steps were taken after our publications.
- January 11, 2018 publication -Filed court documents conflict with sworn Township records
- January 20, 2018 publication - Take the attorney's shovel away
- May 10, 2018 publication - Gooch confirms Miller sick pay erroneous
- August 17, 2018 publication - Under the Big Top - Gooch & Miller Show
Gooch's most recent motion was to amend a court order as a result of his misstatement to the court during the prior appearance. Gooch had stated to the court he had not propounded discovery upon the Plaintiff, Andrew Gasser. Gasser's attorney Rob Hanlon took issue with that claim at the time and it appears, rightfully so, after reading Gooch's motion.
1. The Court Order entered on AUGUST 1, 2019 required ROBERT MILLER to propound Interrogatories and a Notice to Produce upon Plaintiff. At the time of the entry of the Order, ROBERT MILLER's attorney due to the passage of time (and perhaps his advancing age) stated to the Court that he had not propounded discovery. Upon return to his office, he discovered he had in fact propounded Interrogatories and a Notice to Produce to which so called "Responses" were made.
So there is no confusion, Bob Miller's attorney did, in fact, propounded discovery and has confirmed his statement to the court was not true. The blame for the misstatement is due to the passage of time and perhaps his advancing age.
While placing his "advancing age" comment in parenthesis may be perceived as a way to bring some humor to the situation, we wonder if there is some truth to that statement in light of the history in this case as well as the actual responses provided in the Discovery at question. We suggest you read the actual discovery produced by the Plaintiff and then ask yourself; how can you forget 31 pages of records that are filled with very disturbing allegations of wrongdoing by his client and their family members?
Considering the provided Discovery was less than two years ago, is Bob Miller getting the best defense possible or is it being impacted by advancing age of his attorney?
Only the passage of time will tell.
You can download the Gooch motion at this link or view below.