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WEILAND v. RAUSCH CONSTRUCTION COMPANY INCORPORATED

United States District Court, N.D. Illinois


May 3, 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 court entered judgment against defendant on February 20, 2004. Defendant moved to vacate, contending that it had not received various notices, despite orders and correspondence it is hard to believe defendant did not receive. Nevertheless, we vacated the judgment and permitted defendant to file a belated response to plaintiffs' motion for summary judgment.

That response is a legal argument contending that defendant is not or should not be liable for audit and legal fees. It does not dispute any of the undisputed facts previously filed by plaintiff and they are, accordingly, deemed admitted. And it is clear that the Trust Agreement, in the circumstances presented, require the defendant to pay the audit fees, and that 29 U.S.C. ยง 1132(g)(2) requires defendant to pay plaintiffs' legal fees, now increased to $7,986.60. We enter judgment in the amount of $12,934.84, for $18.17 in liquidated damages, $9.27 in interest, $4,690 for audit costs, $7,986.60 for plaintiffs' legal fees, and $230.80 in costs. And we adhere to the views previously expressed in the Memorandum Opinion and Order dated February 20, 2004.

20040503

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