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GENTIEU v. TONY STONE IMAGES/CHICAGO

United States District Court, Northern District of Illinois, Eastern Division


January 16, 2003

PENNY GENTIEU, ET AL., PLAINTIFFS,
v.
TONY STONE IMAGES/CHICAGO, INC., ET AL., DEFENDANTS

The opinion of the court was delivered by: Milton I. Shadur, Senior United States District Judge

SUPPLEMENT TO MEMORANDUM OPINION AND ORDER

At this mornings status hearing, which had been set at the conclusion of this Court's January 13, 2003 memorandum opinion and order ("Opinion"),*fn1 counsel for Gentieu orally pointed out an inadvertent error in the Opinion. In the course at itemizing Penny Gentieu's claim to be paid $100 an hour for all the time that. she listed as her having spent personally in connection with the audit at issue, Opinion at 3 referred in part to "a 32% add-on to the accountant's charges attributable to Gentieu's self-perceived need to `report' on the accountant's own report (21 hours of her time, for a claimed fee of $2,100)."

That characterization had stemmed tram this Court's assumption as to what was involved in the following entry that formed part of Penny Gentieu's October 28, 2002 one-page list of what she termed "Cost of the Stonewalled Audit":

Gentieu's time: report on the 113 page report (21 hours)
Because the October 28 statement provided no explanation beyond that, nor did the parties' submissions on Getty's motion cast any light on the subject, this Court simply made what appeared to be the natural assumption that it had been Gentieu's accountant whose 113-page report was referred to. But as Gentieu's counsel explained this morning, that report had instead been one provided by Getty (not by Gentieu's accountant) in conjunction with the items that entered into the determination of assertedly unpaid and late-paid license fees.

That of course means the Opinion's characterization of Gentieu's expenditure of time as an add-on to the accountant's charges for what had been thought to be the accountant's 113-page report must be corrected. But that necessary correction in the description of the report does not alter either the Opinion's analysis or the conclusions reached there.


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