Not what you're
looking for? Try an advanced search.
Buy This Entire Record For
BOARD OF ED. OF EVANSTON TP. v. ADMIRAL HEATING
September 30, 1981
THE BOARD OF EDUCATION OF EVANSTON TOWNSHIP HIGH SCHOOL DISTRICT NO. 202, COOK COUNTY ILLINOIS, ET AL., PLAINTIFFS,
ADMIRAL HEATING AND VENTILATION, INC., ET AL., DEFENDANTS. BOARD OF EDUCATION OF TOWNSHIP HIGH SCHOOL DISTRICT NO. 205, COOK COUNTY, ILLINOIS, ET AL., PLAINTIFFS, V. BORG, INC., ET AL., DEFENDANTS. THE STATE OF ILLINOIS, ET AL., PLAINTIFFS, V. BORG, INC., ET AL., DEFENDANTS.
The opinion of the court was delivered by: Shadur, District Judge.
MEMORANDUM OPINION AND ORDER
Plaintiffs in these three consolidated*fn1 class actions
charge 22 piping and construction companies and 36 individuals
with bidrigging, price fixing and job allocation in the Chicago
area from 1956 until 1977 in violation of the Sherman Act. Two
sets of defendants (Phillips, Getschow Co., Lee E. Getschow and
Roy Getschow, Jr. ["Getschow defendants"] and Economy Mechanical
Industries, Inc. and Elmer R. Bruksch ["Economy"]) have filed
objections to Magistrate Cooley's May 28, 1981 order (the
"Amendment"), which amended Pretrial Order No. 2 (the "Order") to
require all defendants to reimburse their designated lead counsel
for attorney's fees and other expenses. Defendants Borg, Inc.,
Jeffrey Berg, Howard Salzman and F.E. Moran, Inc. (represented by
the lead counsel) have independently moved to strike portions of
the Getschow defendants' April 27, 1981 Memorandum Relating to
Motion To Clarify (the "Memorandum") filed before Magistrate
Cooley. Finally, in response to this Court's request the parties
have commented particularly on the proposed retroactive aspect of
the Amendment, and have furnished the Court with statements
reflecting the approximate amount of fees involved. For the
reasons stated in this memorandum opinion and order:
(1) Getschow defendants' objection to the Amendment
is denied, and the Amendment is clarified in certain
(2) Economy's objection to the Amendment is
(3) Lead counsel's motion to strike is granted.
Objections to the May 28, 1981 Amendment
On May 16, 1980 Magistrate Cooley entered the Order dealing
with various aspects of pretrial management of these actions.
Paragraph V established lead counsel for plaintiffs and for
defendants and a steering committee for defendants. Lead counsel
were directed to engage in three types of coordinating activities
and the steering committee in three others, including the
briefing and argument of motions and the preparation of joint
written interrogatories and requests for the production of
On March 3, 1981 Magistrate Cooley amended Paragraph V to
include a provision stating that "it would be unfair and
inequitable for only the clients of the named defense counsel to
bear the total expenses associated with properly executing . . .
[their] functions." Accordingly he directed that "all defendants
shall share equally those expenses" effective nunc pro tunc May
16, 1980, the date the initial Order was entered. Upon request
for clarification Magistrate Cooley entered the Amendment May 28,
1981, superseding the March 3, 1981 amendment. It enumerated the
expenses covered by the Order and the procedure by which a
defendant could "opt out" of participation in certain efforts by
lead counsel or the steering committee (see Appendix A).
Getschow defendants object to the portion of Amended Paragraph
V requiring assessment of attorneys' fees and expenses against
all defendants.*fn2 They urge that:
(1) Problems of allocation of such expenses would
outweigh any advantages obtained under such an
(2) Defendants will improperly be placed in
adversarial positions relative to each other.
(3) Such an arrangement frustrates a defendant's
rights under Fed.R.Civ.P. ("Rule") 10(c).
Economy objects to Amended Paragraph V to the extent that it
covers expenses incurred before the date of the Amendment.*fn3
Defendants favoring the arrangement*fn4 urge that:
(1) It facilitates a just apportionment of expenses
incurred by lead counsel in activities inevitably
Buy This Entire Record For