By JOSEPH G. LARIOSA
(© 2017 Journal GlobaLinks)
CHICAGO (JGL) – The hearing of the amended petition to intervene filed by the lawyer of Executive Director Maria Elaine Campos Moya Lehman of the Filipino American Council of
Greater Chicago (FACGC) will resume on Tuesday, (Oct. 31), at 10:30 a.m. at Room 2301 at Daley Center in Downtown Chicago, Illinois when Circuit Court of Cook County Judge Sophia H. Hall was absent during the original hearing date on Oct. 17.
Mr. Arcadio “Jun” Joaquin, Jr., lawyer for the complaining members of the board of FACGC who were fired by Ms. Lehman, said if Ms. Lehman’s does not amend his petition to intervene as ordered by Judge Hall, there is no need for him to file an amended answer to petition to intervene.
In most motions for reconsideration, the court normally reconsiders its motion only if at least two important parts are satisfied: “a) the motion must be timely filed and b) it must be based upon new or different facts, circumstances, or law than what was known or shown at the time the hearing took place.”
Mr. Joaquin said if Ms. Lehman’s lawyer Jonathan Strauss does not amend his petition to intervene because Mr. Strauss does not introduce “new or different facts, circumstances, or law than what was known or shown at the time the hearing took place,” there is no need for him to file an amended answer to Mr. Strauss’s original petition to intervene as the judge will not likely change her original decision on the same motion.
Even if Mr. Strauss were to present a list of her members of the board, and even if she has “10 or 20,” they are irrelevant if she could not show that her board members were legitimately elected to the board.
FACGC ELECTIONS WERE SET IN 2018
Mr. Joaquin said under the FACGC 2016 Constitution and By-Laws, the next election of the FACGC was set in 2018. “How can Ms. Lehman convince the judge that
her new board members elected in 2017 followed the provisions of the existing FACGC 2016 Constitution which call for the elections in 2018?”
A big group of FACGC members of the board, who were fired by Ms. Lehman, showed up at the hearing of the case last Oct. 17. Ms. Lehman also showed up by herself accompanied by her lawyer, Mr. Strauss.
Since Judge Hall was absent during the hearing of the case on Oct. 17, the parties, in concurrence with the clerk of court, agreed to set the status hearing of the case on Oct. 31 at 10:30 at Room 2301.
Judge Hall will hear the amended petition to intervene filed by Mr. Strauss after she denied Lehman’s petition to intervene during the oral argument of the petition last Sept. 19.
In filing the petition to intervene, Lehman’s lawyer, Strauss is opposing Mr. Joaquin’s petition asking “this Court (to) overturn Petitioner’s actions and have Petitioner’s lawfully appointed Executive Director (Lehman) removed from office by judicial edict, who, other than Petitioner, is best suited and indispensable to defend its actions…. Any adverse judgment will have a direct bearing on Petitioner’s present and future ability to govern the FACC and Petitioner is, therefore, a necessary and indispensable party in an adjudication of Plaintiff’s claims.”
THERE IS ONLY ONE FACGC
In opposing the petition to intervene, Mr. Joaquin told Judge Hall during the oral argument of the case, “There is only one FACGC in the state of Illinois, and even the entire U.S. and there cannot be another FACGC and if there is one, who is the intervener, it has no legal capacity. It has no authority to file a petition to intervene and the judge fortunately agreed with me.”
Judge Hall sustained Mr. Joaquin’s argument, denying 51-year-old Lehman’s petition to intervene.
Mr. Joaquin has also accused Ms. Lehman of committing “several other acts, which are adverse, inimical and prejudicial to the interests of FACC.”
In an order handed down on Sept. 19 after an oral argument of Lehman’s attempt to cloak herself as a legitimate party to represent the FACC, Judge Hall said she is denying Ms. Lehman’s petition to intervene but gave her an opportunity to file an “amended petition to intervene” and the case was set for status hearing on Oct. 17, 2017 at 9:30 a.m. at Room 2301.
Before Mr. Strauss filed the petition to intervene, Mr. Joaquin filed an Emergency Motion for Temporary Restraining Order and Preliminary Injunction, asking the Court to order “defendant Elaine Lehman to restore to plaintiff the physical possession of the real property it owns and commonly known as 1332 W. Irving Park Road, Chicago, Illinois.”
The emergency motion also seeks to “restore the status quo and to protect plaintiff from substantial and irreparable injury that it will sustain if defendant is permitted to continue her unlawful, unjustified, unwarranted and harmful acts and deeds.”
The emergency motion also asked the court to order Lehman to “cease and desist from entering the Rizal Heritage Center (RHC) effectively and restore to Alfonso S. Bascos and AFIRE, the two tenants unlawfully evicted by the defendants, their leased premises.
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