Van Der Hooning v. The Board of Trustees of the University of Illinois

Plaintiff, former assistant dean at university, filed complaint alleging violations of whistleblower provisions of State Officials and Employees Ethics Act. Court denied Defendants' Section 2-619 motion to dismiss which alleged another action pending between same parties for same cause (in Court of Claims). Appellate court is without jurisdiction to review denial of motion to dismiss as it is not final and appealable order and does not qualify as interlocutory appeal as of right under Rule 307. Court within its discretion in denying Defendants' alternative request to stay proceedings per Section 2-619(a)(3). As case is stayed before Court of Claims, allowing Plaintiff to exhaust his remedies before circuit court, and discovery is closed, no threat of duplicative litigation or inconsistent decisions, and comity is served by denial of stay in circuit court. (QUINN and CUNNINGHAM, concurring.)