Judge keeps sexual harassment case going, allows discovery to begin

By Amelia Flood | Mar 7, 2011

A sexual harassment suit filed against the Illinois Thoroughbred Owners and Breeders Foundation and its president, Gary Moore, will go on and discovery will begin again.

Madison County Circuit Judge Dennis Ruth declined to reconsider his ruling denying a move to dismiss the suit filed by Moore and the foundation.

Ruth also lifted a stay of discovery in the case brought by Colleen Vesper, a former employee of the foundation.

Ruth had stayed discovery last year pending a ruling by the state's Human Rights Commission.

Vesper is suing Moore and the foundation on claims that Moore sexually harassed her and then made her work environment hostile when she refused to date him.

The suit seeks damages in excess of $30,000 and other relief.

Ruth denied the defendants' move to dismiss the suit.

However, the judge halted discovery in the case until the Illinois Human Rights Commission could determine whether a violation of the state's human rights law occurred.

The defendants filed a move Jan. 25 arguing that the Human Rights Commission was the more appropriate place for Vesper's claims to be decided.

Ruth lifted the discovery stay per the defense request.

Michael McGlynn represents Vesper.

Steven Schwartz represents the defendants.

The case is Madison case number 09-L-1021.

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