An attorney for former employee Edmund Michalowski asked at a Thursday hearing for a month to respond to Rutherford's motion. Judge Joan Lefkow agreed. She didn't say when she would rule on Rutherford's request.
Michalowski accused Rutherford in January of sexual harassment and making him do political work while on state time.
Rutherford denies the claims and says they're politically motivated. The lawsuit came in the midst of Rutherford's failed bid for the Republican nomination for Illinois governor.