An attorney representing the 's is confident the court will not dismiss his client's lawsuit.
The has filed—and renewed—a motion to dismiss the litigation . His attorney, David Stevens, said he will respond to the motion this coming Monday, Jan. 30.
"The motion filed by the village is challenging the legal merit of this case," Stevens said Wednesday. "We're confident that we are going to defeat their motion to dismiss and at that moment, we can move forward with this case."
Diorio is trying to collect money he says he's owed for the time he spends caring for the department’s service animal, Thor.
He’s seeking two to three years worth for the time he spends with the pup outside of his regular work hours, though Stevens hasn't said what that amounts to.
The village pays Diorio a $2,000 stipend on top of his $83,096 salary for being the K-9 officer, according to village documents. Mayor Ed Zabrocki has said that last fiscal year, he was also reimbursed with nearly $1,500 for pet food and supplies.
"He's claiming he's not paid and we're saying he is paid," said the village's attorney, Jim Fessler, when asked why he wants the case dismissed. "We don't believe he's filed a legally recognizable cause of action."
The village will have three weeks from Stevens' response to reply, pegging the due date at Feb. 20. The court will then issue its ruling on the motion which "could take anywhere from three days to three months," Stevens said.
"If the court grants the motion, it's done," Stevens said. "But we are confident that won't happen. … Frankly, I can't wait until this has been dealt with so we can move forward on the merit and actual substance of the claims."
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