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WEILAND v. RAUSCH CONSTRUCTION COMPANY INC.

United States District Court, N.D. Illinois


February 20, 2004.

GEORGE WEILAND, et al., Plaintiffs,
v.
RAUSCH CONSTRUCTION COMPANY INCORPORATED, Defendant

The opinion of the court was delivered by: JAMES MORAN, Senior District Judge

MEMORANDUM OPINION AND ORDER

This is a case in which being stubborn conies at a considerable cost Plaintiffs wanted to conduct an audit and they were entitled to do so. They finally got one, and it disclosed only a very minor deficiency, which defendant then paid. But the process of getting there was long and arduous — numerous trips by the auditors to defendant's place of business, a lawsuit, court orders, numerous appearances in court and preparation of a summary judgment motion by plaintiffs.

That motion and the accompanying exhibits and affidavits (to which defendant did not respond) disclose and establish that defendant now only owes $18.17 in liquidated damages and $9.27 in interest on the previously delinquent contributions, but it took $4,690 in audit fees, $5,703.80 in attorneys' fees, and $230.80 in costs, to get there. Unfortunately for defendant, those charges must be paid by the company. We enter judgment for plaintiffs and against defendant In the amount of $10,652.04.

20040220

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