Attorney Deborah Gordon filed a motion with the United States District Court on Wednesday to dismiss a count in a complaint filed against her by Andrew Shirvell, a former Michigan assistant attorney general.
Gordon’s motion claims Shirvell’s count, which accuses Gordon of improperly interfering in the investigation that led to his termination as assistant attorney general, was not intended “to vindicate legitimate interests, but to retaliate” against her. Gordon filed for “dismissal with prejudice” of the count.
Gordon represents former Michigan Student Assembly President Chris Armstrong, who Shirvell claimed was promoting a “radical homosexual agenda” as leader of the student government.
Gordon said in an interview yesterday that Shirvell’s “accusation” of Gordon’s interference, which was filed on Oct. 27, is “truly absurd.” Shirvell also filed a motion on Nov. 17 to have her removed from the case. Gordon’s motion claims Shirvell is trying to prevent her from representing Armstrong because Shirvell knows he is “no match for Gordon in the Armstrong litigation.”
Gordon said she is confident the court will dismiss Shirvell’s counts, including his claim that she unfairly influenced special investigator Mike Ondejko during his investigation of Shirvell for “job-related impropriety.”
“I can’t predict what any judge or court is going to do, but it seems to me like a really clear cut situation,” Gordon said. “This count of the complaint should definitely be dismissed.”
According to the court statement, Shirvell’s complaint does not explain how Gordon influenced Ondejko and notes that Shirvell was at a hearing in which Ondejko testified that Gordon did not contact him prior to the completion of his investigation.
Gordon’s motion states that in his case against Armstrong Shirvell offered a different explanation for his termination than he did in his complaint against Gordon.
“Notably, this assertion poses an entirely different explanation for Shirvell’s termination than he takes in this case, i.e., laying the blame on Christopher Armstrong whereas here he blames Gordon,” the motion states.
Gordon said Shirvell’s accusation of defamation is unwarranted and will also likely be dismissed.
“He claims that everything I’ve said about him to the media is defamation, but he claims everything he said about Chris Armstrong is not defamation,” she said. “But me saying he’s irresponsible is defamation?”
In the event the court does not dismiss the complaint, Gordon said there will be other opportunities for her to ask the court to reverse the claims.
“The kind of motion I have filed is a very early motion, and there’ll be other chances if the court does not dismiss it at this time (and) other opportunities through the course of the case for me to file a motion asking for the court to dismiss it,” she said.
Interviewed Friday afternoon, Shirvell called Gordon’s motion “baseless.”
“I think (the motion) is a tactical move on her part to try to delay discovery in this matter,” Shirvell said.
Shirvell added that he’s planning on fighting against the motion.
“I look forward to litigating my complaint against her and I feel confident that her motion … is not going anywhere,” Shirvell said.
Clarification: This article has been amended from its original form.