United States District Court, N.D. Illinois
February 20, 2004.
GEORGE WEILAND, et al., Plaintiffs,
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.
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