Kane County Associate Judge Katherine Moran ruled in favor of a defense motion Jan. 11 to drop Samir Patel and Shannon Kenitz from a lawsuit brought by J.V. Construction.
The defendants’ attorney, Eric Miller, had argued that the construction contract is with Goodfellows LLC and that the contractor cannot sue Patel and Kenitz as individuals.
But Moran gave the contractor’s attorney, William Bochte, leave to file an amended complaint regarding Patel and Kenitz.
J.V. Construction’s lawsuit against Goodfellows is continuing.
The project, at 157 S. Tyler Road in St. Charles’s Tyler and 64 Business Park, was halted before it was completed. Contractor Vince Fiore filed suit Sept. 8, seeking to be paid nearly $511,000 he said he is owed by The Goodfellows LLC.
Patel, a board member of Generation Rescue, is listed as a partner of Goodfellows and Kenitz signed the construction contract with Fiore’s firm.
Miller declined to comment when asked whether Goodfellows has enough assets to pay J.V. Construction.
Though Candace McDonald, executive director of Generation Rescue, is listed as the manager of Goodfellows, Miller said her involvement “will be determined by the litigation.”
McDonald and McCarthy are both named as respondents in discovery – a legal term that means they can be questioned about their interests in the project, Bochte said.
They have answered some questions already, Bochte said.
Although the charity has raised money for the project – which it called “integrative health clinics in Illinois and Missouri” in a news release – McDonald has disavowed any association between Generation Rescue and the St. Charles clinic plan.