The motion in U.S. District Court in Chicago seeks to end the lawsuit by Edmund Michalowski.
Michalowski worked for the former Republican candidate for governor for three years before leaving in January and filing the lawsuit.
The document contends Michalowski's claims that he was disciplined for not doing campaign work on state time are not plausible.
It says he does not show that he was discriminated against or harassed.
And it says Rutherford is entitled to government immunity because of insufficient evidence.
Michalowski's attorney did not immediately respond to a request for comment.
A hearing is scheduled for Thursday.